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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 85


(a) Avimi Brei de'Rebbi Avahu sent money that he owed the B'nei Chuza'a with Chama Brei de'Rabah bar Avuhah, to pay back his loan.
What did the B'nei Chuza'a reply when, after having paid, Chama asked for a receipt?

(b) The case came before Rebbi Avahu. On what grounds did he believe the B'nei Chuza'a that there was indeed another loan?

(c) The question then arises whether Chama was Chayav to pay Avimi for his negligence.
In what way was he negligent?

(d) Rav Ashi contended that it depended upon whether Avimi first instructed him to take the Sh'tar and then pay the money or vice-versa.
On what grounds do we repudiate Rav Ashi's contention?

(a) What did that woman reply when the heirs of her deceased husband asked her for the bag-full of documents that he had deposited by her?

(b) On what grounds did Rav Nachman rule that she must return it to them?

(c) Why could she not make a Tefisah during her husband's lifetime (other than in the manner specified by Rav Nachman)?

(a) What did Rava rule when Rav Chisda's daughter told him that the woman whom he was about to obligate to swear was suspect of swearing falsely? Who was the daughter of Rav Chisda?

(b) What did Rava ask Rav Papa, when, on another occasion, he (Rav Papa) claimed that he knew a certain document, which Rava was on the verge of validating, to have been already paid?

(c) Rav Ada bar Masna, who was present at the time, asked him why Rav Papa was less reliable than bas Rav Chisda.
What did he reply?

(d) What did Rav Papa learn from the incident with bas Rav Chisda? Why do we reject the initial statement 'Karana Sh'tara a'Pumei'?

(a) What did that woman's opponent claim when she was about to swear in the Beis-Din of Rav Bibi bar Abaye?

(b) What was her response?

(c) On what grounds did Rav Papi object, when Rav Bibi bar Abaye acceded to her request?

(d) Why did he refer to Rav Bibi's family as 'descending from Mula'i'?

(a) Rav Papi based his objection on a statement by Rava, who issued a ruling concerning an Asharta de'Dayni.
What is an 'Asharta de'Dayni'?

(b) What did Rava say about an 'Asharta de'Dayni' that the Beis-Din wrote before the witnesses had actually verified their signatures?

(c) Rav Nachman quoted Rebbi Meir, who legalized an unsigned document that they found in the trash-heap.
What do we prove from there?

(d) Why is there no counter-proof from the Rabbanan, who disagree with Rebbi Meir?

(a) We prove that Rebbi Meir's opinion is unanimous from a statement by Rebbi Yochanan.
What does Rebbi Yochanan say about a document of loan that has already been repaid?

(b) What do we infer from there?
How does that prove our point?

Answers to questions



(a) What was the root of the problem that arose, when Rav Meyasha the grandson of Rebbi Yehoshua ben Levi died suddenly, leaving seven pearls wrapped in a cloth?

(b) On what two grounds did Rebbi Ami permitted the depositor to retrieve the pearls?

(c) Under which conditions would Rebbi Ami not have permitted him to take them?

(d) Similar incidents occurred with Chasa and with Rav Dimi, both of whom died suddenly without stating that the respective articles that they left behind were deposited with them. There too, Rav Nachman permitted the depositor to retrieve his article from Chasa, and Rebbi Aba from Rav Dimi, for the same reasons as Rebbi Ami.
What was it that the owner deposited ...

  1. ... with Chasa?
  2. ... with Rav Dimi?
(a) What will be the Din, if a man on his deathbed leaves his property to Tuvya, and in walks ...
  1. ... Tuvya?
  2. ... Rav Tuvya?
(b) Under which circumstances would we give the property even to Rav Tuvya?

(c) What will the Din be if, when the two Tuvyas arrive, one turns out to be ...

  1. ... a neighbor and the other, a Talmid-Chacham?
  2. ... a neighbor and the other, a relative? From where do we know this?
(d) What if they are both neighbors, both relatives or both Talmidei-Chachamim?
(a) Rava told the son of Rav Chiya bar Avin something wonderful that his father, commenting on a statement of Shmuel's, had said.
What did Shmuel say about a creditor who sold a Sh'tar Chov (a document of debt) and subsequently absolved the debtor?

(b) What is the reason for this Halachah?

(c) Does this Halachah apply after the creditor's death?

(d) Rav Chiya bar Avin comments on this, that if a woman brings a Sh'tar Chov into her marriage, and subsequently absolves the debtor from paying, the debtor remains Chayav.
Why is that?

(a) A relation of Rav Nachman's sold her Kesuvah (for whatever it was worth to the buyer), got divorced and died.
What did Rav Nachman say (out of Beis-Din) when the purchaser came to claim the Kesuvah from his relation's daughter (who was claiming her mother's Kesuvah from her father)?

(b) Is the Dayan permitted to advise defendants ...

  1. ... in Beis-Din?
  2. ... out of Beis-Din? What do we learn from the Pasuk in Yeshayah "u'mi'Besarcha al Tis'alem"?
(c) Then why did Rav Nachman regret having done what he did?
Answers to questions

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