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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 98

1) What did Rava rule in the case of a woman who seized a silver cup as part of her Kesuvah and then claimed Mezonos?


(a) Rabah b'rei de'Rava asked Rav Yosef whether an Almanah who sells outside Beis-Din requires a Shevu'ah or not.
What Shevu'ah was he referring to?

(b) On what grounds did Rabah b'rei de'Rava not ask him whether, if she sold fields without first announcing them (for sale), her sale would be valid?

(c) When Rebbi Zeira Amar Rav Nachman ruled that an Almanah's assessment of the Yesomim's property for her Kesuvah is invalid, why did Rabah b'rei de'Rava assume that he could not have been referring to when she first announced them?

(d) What did he therefore deduce from there to justify himself?

(a) Rava disagrees with Rabah b'rei de'Rava however. He establishes Rebbi Zeira Amar Rav Nachman when she did announce the property.
In that case, why is the assessment ...
  1. ... not valid when it is for herself (for her Kesuvah)?
  2. ... valid when it is to sell for Mezonos?
(b) There was a case of a man whom they gave animal fodder belonging to orphans, and who assessed it to the value of four hundred Zuz and then took it for himself in payment for his debt.
What happened subsequently, to make him particularly keen to have acquired the fodder?

(c) What else might 'Kista de'Yasmi' mean?

(d) What did Rebbi Ami rule in that case?

4) According to the Halachah, does the property of Yesomim require ...
  1. ... a Shevu'ah?
  2. ... announcing?
(a) What does the Tana of our Mishnah say with regard to a woman whose Kesuvah was Masayim, and who sold property worth ...
  1. ... a Manah for two hundred Zuz?
  2. ... two hundred Zuz for a Manah?
(b) And what does he say about a woman whose Kesuvah was one Manah, and who sold property worth a Manah and a Dinar for a Manah?

(c) Will it make any difference if she agrees to repay the extra Dinar?

(d) According to Raban Shimon ben Gamliel, her sale is valid (and she remains obligated to return the extra Dinar).
In which case will Raban Shimon ben Gamliel agree that the sale of the field is Bateil?

(a) The Shiur Ona'ah of a garden that would render her sale invalid according to Raban Shimon ben Gamliel is half a Kav according to the opinion of the Tana Kama.
What is the Shiur of a garden, according to Rebbi Akiva?

(b) What will be the Din if a woman whose Kesuvah is four hundred Zuz, sold a Manah's-worth to one buyer, a Manah's-worth to another, and to a third buyer, a Manah and a Dinar's-worth for a Manah?

(c) If a woman who sells a field worth Masayim for a Manah, loses the second Manah, why do we not say, by the same token, that, when she sells a field worth a Manah for Masayim, that she gains a Manah?
What did Rebbi teach us in this Mishnah, according to Rav Nachman Amar Rabah bar Avuhah?

Answers to questions



(a) Tana'im argue over the above point. According to Rebbi Yehudah, if the seller adds one item to the sale, it is the Sheli'ach who benefits.
What does Rebbi Yossi say (initially)?

(b) How does Rami bar Chama reconcile this ruling with another Beraisa, where Rebbi Yossi holds that it is the owner who benefits?

(c) Now that Rami bar Chama reconciled Rebbi Yossi in this way, why did Rav Papa find it necessary to issue the same two rulings (differentiating between something which has a fixed price and something which does not)?

(a) What did the B'nei Yeshivah ask about a Sheliach who was instructed to sell a Lesech (half a Kur) of land, and he went and sold a Kur?

(b) The Mishnah discusses someone who mistakenly asks a Sheli'ach to spend Hekdesh-money.
Who is Mo'el ...

  1. ... if the Sh'liach performs his Sh'lichus as instructed?
  2. ... if he does not?
(c) The Tana there cites a case where he tells his Sheli'ach to give the guests one piece of meat, the Sheli'ach then invites them to take two, and they take three.
Who is Mo'el?
(a) How does Rebbi Ya'akov from Nehar Pakud try to resolve the B'nei Yeshivah's She'eilah from the Mishnah in Me'ilah?

(b) How do we establish the Mishnah in order to reject Rebbi Ya'akov from Nehar Pakud's proof from there?

(a) We then try to resolve the She'eilah from the case in our Mishnah 'Haysah K'suvasah Manah, u'Machrah Shaveh Manah ve'Dinar be'Manah, Michrah Bateil'.
How do we try and interpret the Mishnah, in order to prove that when one adds, the sale becomes invalid?

(b) What does the Tana then mean when he says 'Shaveh Manah ve'Dinar *be'Shaveh Manah* ... '?

(c) And what does the Almanah mean when she volunteers to return the Dinar to the heirs?

(d) How does Rav Huna b'rei de'Rav Yehoshua repudiate the proof from there?
Why is the sale really not valid?

Answers to questions

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