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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 91


(a) Rav Yosef just established the Machlokes between the Tana Kama of the Beraisa and Rebbi Shimon like he established that of ben Nannes and Rebbi Akiva (whether the K'suvas B'nin Dichrin of the heirs of the wife who died after her husband is considered Mosar Dinar or not. We suggest that perhaps they are arguing over whether the Mosar Dinar needs to be Karka or not. What will each one then hold?

(b) On what grounds do we reject ...

1. ... this suggestion?
2. ... the suggestion that Rebbi Shimon comes to permit even Meshubadim (fields of their father that are Meshubad to creditors), whereas the Tana Kama disagrees?
3. ... the suggestion that Rebbi Shimon comes to permit even less than a Dinar, whereas the Tana Kama requires a Mosar Dinar (besides on the grounds of the previous Kashya)?
(c) We suggest that perhaps, we ought to switch the opinions, in which case, Rebbi Shimon will require a Dinar and it is the Tana Kama who does not. How will we then interpret the words of the Tana Kama 'Ba'in Banehah shel Zu le'Achar Misah ve'Notlin K'suvas Iman'? To which set of heirs does this refer?

(d) On what grounds do we reject the suggestion to switch the opinions in this case?

2) In any event, we do accept the suggestion to switch the opinions (seeing as it is evident from Rebbi Shimon's Lashon that he comes to be stringent). In which two possible ways do we finally establish the Machlokes (not like Rav Yosef)?


(a) Mar Zutra Amar Rav Papa finally rules 'Achas be'Chayav ve'Achas be'Moso, Yesh Lahen K'suvas B'nin Dichrin' and 'K'suvah Na'asis Mosar la'Chavertah'. Having ruled ...
1. ... 'Achas ba'Chayav ve'Achas be'Moso, Yesh Lahen K'suvas B'nin Dichrin', why did he find it necessary to rule 'K'suvah Na'asis Mosar la'Chavertah'? What might we otherwise have thought?
2. ... 'K'suvah Na'asis Mosar la'Chavertah', why did he find it necessary to rule 'Achas ba'Chayav ve'Achas be'Moso Yesh Lahen K'suvas B'nin Dichrin'?
(b) Why can we not apply the principle 'K'suvah Na'asis Mosar la'Chavertah', when both wives died in their husband's lifetime?

(c) Why might there be a difference between there where the woman who died after her husband left daughters, and where she left sons? Why might we worry about coming to a quarrel in the latter case? ...

(d) ... but not in the former one?

(a) We have already learned that K'suvas B'nin Dichrin only applies if a Dinar remains for the heirs to inherit.
What will be the Din if the sons of the wife with the larger K'suvah agree to assess their portion at a higher rate, so that an extra Dinar remains?

(b) Can a debt of their father's that is waiting to be claimed count as the extra Dinar?

(c) What does Rebbi Shimon say about a Mosar Dinar that consists of Metaltelin?

(a) What will be the Din if, when the husband died, there was a Mosar Dinar, but the value of the property decreased, with the result that by the time Beis-Din assessed it, there was no longer a Mosar Dinar?

(b) What did Rav Amram order the heirs of the smaller Kesuvah to do, in a case where the value of the property increased, so that by the time the Beis-Din came to assess it, it was worth a Dinar?

(c) What did he threaten to do, when they refused to comply?

(d) What did Rav Nachman finally rule?

Answers to questions



(a) A man who owed his friend a thousand Zuz, sold his two mansions to the same purchaser for five hundred Zuz each.
What ultimatum did the purchaser offer the creditor, who had already claimed one of the mansions, when he came to claim the second one?

(b) Rami bar Chama tried to compare this case to our Mishnah, which forbids the heirs to inflate the price of their father's property, in order to gain their mother's Kesuvah.
On what grounds did Rava reject his comparison?

(c) In a very similar incident, Rav Yosef, like Rami bar Chama, thought to learn from our Mishnah that one cannot inflate the value of a field to one's own advantage.
What did Abaye say to him?

(a) When the purchaser asked the Beis-Din to write him out a document for the debtor to compensate him for his loss, Ravina held that they should write him a document for a thousand Zuz (which is how much the mansion was worth to both him and the creditor).
What did Rav Avira say?

(b) What is the Halachah?

(a) What did the orphans do when their father's creditor (whom he had owed a hundred Zuz) claimed a small plot of land worth fifty Zuz as half his debt?

(b) Were they obligated to pay their father's debt?

(c) What did Abaye rule when the creditor then claimed the land anyway?

(d) How could the orphans have prevented him from doing so?

(a) A certain man sold his mother's Kesuvah for Tovas Hana'ah.
What was his mother's status at the time?

(b) What does Tovas Hana'ah mean in this case?

(c) What did he stipulate when he sold it?

(d) His mother died and he came to claim the Kesuvah from the purchaser as his mother's heir. What did ...

  1. ... Rami bar Chama contend?
  2. ... Rava counter?
Answers to questions

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