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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 100


(a) We just learned that an Almanah is not given any leeway at all (when selling the Yesomim's property for her Kesuvah), and Dayanim, up to a sixth. Rava Amar Rav Nachman compares a Sh'liach to Dayanim.
Why does he consider him to be more like Dayanim than an Almanah in this regard?

(b) Then why does Rav Shmuel bar Bisna Amar Rav Nachman compare him to an Almanah in this regard?

(c) What is the Halachah?

(d) How do we reconcile this ruling with the Mishnah in T'rumos, which validates the T'rumah of a Sh'liach, even though he gave a tenth more or a tenth less than the average?

(a) Rav Nachman rules like the Tana Kama in our Mishnah (who invalidates the mistaken sale of the Beis-Din).
What does Rav Nachman Amar Shmuel say about Yesomim on whose behalf Beis-Din appointed an administrator, and who then grew-up?

(b) Rav Nachman himself says 'Im-kein, Mah Ko'ach Beis-Din Yafeh'? How do we reconcile this ruling with his earlier one, where he ruled like the Tana Kama, who does not hold of 'Mah Ko'ach Beis-Din Yafeh'?

(c) If the administrator did not err, then on what grounds would the Yesomim wish to retract when they grow-up?

(a) Rav Dimi cited Rebbi who also ruled like the Chachamim.
What did Rebbi do, when Rebbi Elazar ben P'rata countered 'Im-kein, Mah Ko'ach Beis-Din Yafeh'?

(b) What was Rav Safra's version of the same incident?

(c) How do we initially explain their Machlokes? What makes Rebbi's 'mistake' Ta'ah bi'Devar Mishnah' (seeing as both opinions are cited in the Mishnah)?

(d) We reject this contention however. In fact, we conclude, everyone agrees with the principle 'Ta'ah bi'Devar Mishnah, Chozer.
Then what is the basis of the Machlokes between Rav Dimi and Rav Safra?

(a) Rav Yosef states that if a widow sells fields for Mezonos, the Yesomim take responsibility for the sale (as we have already learned). Who is responsible if the Beis-Din sell the property?

(b) The former case is not a Chidush.
What is Rav Yosef's Chidush in the latter case?

Answers to questions



(a) Raban Shimon ben Gamliel in our Mishnah maintains that the sale of the Beis-Din is valid even if they erred by a sixth.
What is the maximum error that he permits?

(b) This statement of Rav Sheishes is substantiated by a Beraisa.
What does Raban Shimon ben Gamliel himself say in the Beraisa?

(a) Ameimar said in the name of Rav Yosef that if Beis-Din sold the property of Yesomim without first announcing it, it is as if they erred in a D'var Mishnah and 'Chozrin' (they must revoke their sale).
What problem do we have with this statement?

(b) What would be the Halachah if we did not say 'Chozrin'?

(c) Based on the Mishnah in Erchin, how long is the period of announcement with regard to ...

  1. ... the property of Yesomim?
  2. ... Hekdesh?
(d) How often would they announce it daily?
(a) How do we then answer the previous Kashya? Seeing as the Din of announcing is specifically mentioned in a Mishnah, how can Rav Yosef say that it is only 'as if they had erred'?

(b) What can we infer from our Mishnah 'Shum ha'Dayanim she'Pachsu Sh'tus ... Michran Bateil'? Why does this initially pose a Kashya on Rav Sheishes?

(c) So we try to answer this by establishing the Mishnah when they announced the property first.
What problem do we have with this from the Seifa ('Im Asu Igeres Bikores ... ')?

(d) So we establish the Reisha when they did not announce the property first, and Rav Sheishes will establish our Mishnah with regard to the three things that Beis-Din do not normally announce.
Which three things?

(a) Why do Beis-Din not announce ...
  1. ... Avadim?
  2. ... Metaltelin and Sh'taros?
(b) Alternatively, our Mishnah can even speak with regard to regular property, which, under normal circumstances, they *do announce*.
Then under which circumstances is the sale of Beis-Din valid (according to Rav Sheishes) despite the fact they were *not*?

(c) The Neherda'i list three occasions when Beis-Din sell the property of Yesomim without prior announcement.
What are they?

(a) What is the third possible way of explaining our Mishnah according to Rav Sheishes?

(b) Neherda'a itself, was one such place.
What reason do we initially ascribe to this Minhag?

(c) What is the real reason?

(a) According to Rav Yehudah Amar Shmuel, Beis-Din assess the Metaltelin of Yesomim, and sell them immediately.
Why is that?

(b) In the opinion of Rav Chisda Amar Avimi, one waits for the next market-day.
What exactly is the basis of their Machlokes?

(c) Why then, did Rav Kahana wait for the next Yom-Tov before selling beer of Rav Mesharshaya bar Chilkai the Yasom, even though it was turning sharp?

(d) What did Rav Ashi rule, when Ravina asked him about taking wine belonging to Ravina Zuti his nephew, on a ship together with his own? What was his problem in the first place?

(a) A Mema'enes, a Sh'niyah and an Aylonis do not receive a Kesuvah and Peiros, and two other things.
What are the two ...
  1. ... other things
  2. ... possible meanings of Peiros?
(b) What is the reason in the case of ...
  1. ... a Mema'enes?
  2. ... a Sh'niyah?
  3. ... an Aylonis?
(c) Under which circumstances will an Aylonis nevertheless receive her Kesuvah?
(a) Which four women, besides an Almanah le'Kohen Gadol and a Gerushah va'Chalutzah le'Kohen Hedyot, does our Tana include in the list of women who entered into a Pasul marriage but who nevertheless receive their Kesuvah?

(b) Why does this group of women receive their Kesuvah, whereas a Sh'niyah does not?

(a) Shmuel conforms with our version of the Mishnah, which includes a Mema'enes among the three women who do not receive their Kesuvah.
What is Rav's version of the Mishnah? What kind of a Ketanah is he referring to?

(b) Shmuel differentiates between a Mema'enes and a Ketanah who is divorced, in three regards: one, regarding receiving a Kesuvah, as we just explained, another, inasmuch as a Mema'enes is not forbidden to marry her original husband's brothers, whereas a Ketanah who is divorced, is.
What is Shmuel's third distinction between the two cases?

(c) We have learned two of the three distinctions in a Mishnah in Yevamos. Which case is Shmuel then coming to teach us?

Answers to questions

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