(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Kesuvos 88


(a) We just concluded that the Shevu'ah in our Mishnah of 'Eid Echad Me'idah she'Hi Peru'ah' is mi'de'Rabbanan. Rav Papa advises an astute husband to turn it into a Shevu'ah d'Oraysa.
How would he do that?

(b) What would be (some of) the advantages of a Shevu'ah d'Oraysa over a Shevu'ah de'Rabbanan?

(c) On what basis does Rav Shisha Brei de'Rav Idi reject Rav Papa's advice?

(d) So Rav Shisha advises him to present her with her Kesuvah in front of that witness together with a new witness, and then to reclaim the first payment as a loan.
On what grounds does Rav Ashi reject Rav Shisha Brei de'Rav Idi's advice?

(a) So what does Rav Ashi advise the husband to do to transform the Shevu'ah from a Shevu'ah de'Rabanan to a d'Oraysa?

(b) How does the fact that she no longer has the support of the first witness make any difference? Why can she still not claim that she had two Kesuvos?

(a) We learned in a Mishnah in Shevu'os that orphans may only claim with a Shevu'ah.
Why can that not be referring to orphans claiming from their father's debtor?

(b) Then to what does it refer?

(c) Rav Z'rika Amar Rav Yehudah establishes that Mishnah when the defending orphans claim that their father borrowed and paid, but if they quote their father as saying that he did not even borrow the money, they cannot even claim *with* a Shevu'ah.
What objection does Rava raise to that statement?

(d) Then what did Rav Z'rika Amar Rav Yehudah really say?

(a) Rebbi Yitzchak Nafcha ruled that the Din in our Mishnah, authorizing the woman to claim her Kesuvah with a Shevu'ah is restricted to a woman, and does not extend to a creditor who is claiming his debt in the absence of the debtor.
Why is that?

(b) What did Rava Amar Rav Nachman say?

Answers to questions



(a) Rebbi Yirmiyah assumes that Rebbi Shimon (who differentiates between whether the woman is claiming her Kesuvah or not) is referring to the case that preceded his statement (a woman who claims her Kesuvah in her ex-husband's absence).
What is then their Machlokes?

(b) He tries to connect their Machlokes to that of Chanan and the B'nei Kohanim Gedolim (in the last Perek).
What does Chanan mean when he says that if a man goes overseas and the woman claims Mezonos, she swears at the end but not at the beginning?

(c) What do the B'nei Kohanim Gedolim hold?

(d) According to Rebbi Yirmiyah, Rebbi Shimon holds like Chanan, the Rabbanan, like the B'nei Kohanim Gedolim.
What objection did Rav Sheishes raise to Rebbi Yirmiyah's interpretation from the Lashon of Rebbi Shimon's statement 'ha'Yorshin Mashbi'in Osah'?

(a) According to Rav Sheishes, to which case in our Mishnah does Rebbi Shimon's statement then refer? Which Shevu'ah are they arguing about?

(b) He connects the Machlokes with that of Aba Shaul and the Rabbanan in the Mishnah in Gitin, where the Rabbanan obligate an administrator whom the father of the orphans appointed, to swear, but not one who is appointed by the Beis-Din.
Why is that?

(c) Why does Aba Shaul say the reverse?

(d) Like whom will Rebbi Shimon and the Rabbanan respectively, now hold?

(a) What problem does Abaye have with Rav Sheishes' explanation (based on Rebbi Shimon's Lashon 'Kol Z'man she'Tova'as K'suvasah ... Yorshin Mashbi'im Osah')?

(b) Abaye therefore concludes that Rebbi Shimon refers to the Reisha of our Mishnah 'Neder u'Shevu'ah Ein Li ve'Lo le'Yorshai ... Ein Yachol Lehashbi'ah Lo Hu ve'Lo Yorshav ... '.
What does Rebbi Shimon say? Like which other Tana does Rebbi Shimon concur?

(c) What problem does Rav Papa have with Abaye's explanation (based on the second half of Rebbi Shimon's statement)?

(d) Rav Papa therefore agrees with Abaye with regard to the first half of Rebbi Shimon's statement. Regarding the second half, he comes to preclude from the opinion of both Rebbi Eliezer and the Rabbanan.
Which Machlokes of Rebbi Eliezer and the Rabbanan is he referring to? What does Rebbi Shimon say?

Answers to questions

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,