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Yevamos 89

YEVAMOS 86-90 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1a) [line 11] TENA'EI KESUVAH KI'CHESUVAH DAMI - The Tena'ei Kesuvah have the same status as the Kesuvah itself, namely, that the woman of our Mishnah loses her rights to the Tena'ei Kesuvah, also

b) [line 11] TENA'EI KESUVAH
(a) There are number of stipulations of marriage which are imposed by Beis Din and some of which are written explicitly in the Kesuvah (the Jewish marriage contract). These are in addition to the basic obligations a husband has to his wife according to the Torah. Those stipulations that obligate the husband to his wife are:

1. A husband must redeem his wife if she is a taken captive. If he is not a Kohen, he must take her back into his house; if he is a Kohen he must redeem her and divorce her so that she can remarry. He may not (divorce her and) give her the money of the Kesuvah so that she should redeem herself.
2. As long as they are married, he must provide his wife with all the medical care that she needs.
3. If she dies before her husband, her sons inherit the full value of her Kesuvah when he dies (and not the sons of his other wives), aside from the remainder of the estate (which is split equally between all of the sons). This is called "Kesuvas Benin Dichrin."
4. After he dies, his daughters must be allowed to live in the house in which he lived, and must be provided for by his household, until they get married.
5. If he dies before his wife, his wife must be allowed to live in the house in which he lived and must be provided for by his household until she remarries. (This stipulation was only made in Yerushalayim and the Galil. In Yehudah, the heirs reserved for themselves the right to give her the value of her Kesuvah and have her find herself a new home.) (Mishnayos Kesuvos 4:7-12)
(b) A husband is obligated to keep these conditions even if he omitted them from the Kesuvah, or did not give his wife a Kesuvah.

2) [line 18] HA'HI GERIVA HADAR L'TIVLEI - that Se'ah [of Terumah] returns to its original status of Tevel

3) [line 24] KISHUS - cucumber
4) [line 24] AVATI'ACH - melon
5) [line 29] L'MIT'AMEI - to taste it
6) [line 30] MI'SHE'EIN NAKUV - from a flowerpot without a drainage hole (that does not receive sustenance from the ground underneath it, and from which the obligation to separate Terumos and Ma'asros is only mid'Rabanan)

7) [line 31] BI'TREI MANEI TZAYIS - [if the produce was] in two different flowerpots he will listen to you [to take Terumah a second time from the other pot]


8) [line 7] CHELBO - its choicest (lit. fattest) part
9) [line 15] V'CHI BEIS DIN MASNIN LA'AKOR DAVAR MIN HA'TORAH?! - can Beis Din make a stipulation to uproot anything from the Torah?!

10) [line 25] MISHE'TA'AMOD B'KOMASAH - (lit. when she stands to her full height) when she matures, and pubic hairs grow after she reaches the age of 12

11) [line 27] MITAMEI LAH
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).
(b) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her nobody else will handle her burial, and therefore she is like a Mes Mitzvah -- see Insights.)
(c) The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavuos and Sukos), every Jew, male or female, is commanded to be Tahor -- RASHI, Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but to all Jews.

12) [line 28] BEGINO - on account of him

(a) The Chachamim, if they see a need for it, may declare any property Hefker, thus removing it from the possession of its owner, as a fine or for any other reason they see fit. Hefker Beis Din gives the property the status of Hefker for all intents and purposes, even exempting it from Ma'asros if it is a food item.
(b) The Rishonim and Acharonim argue whether as a result of Hefker Beis Din the property remains without an owner until it reaches someone's possession, or whether the Rabanan have the power to decree that the property leave one person's possession and *enters* the possession of another person

14) [line 39] "[VA'YA'AVIRU KOL B'YEHUDAH V'YERUSHALAYIM L'CHOL BENEI HA'GOLAH L'HIKAVETZ YERUSHALAYIM: V']CHOL ASHER LO YAVO LI'SHLOSHES HA'YAMIM, KA'ATZAS HA'SARIM VEHA'ZEKENIM, YACHORAM KOL RECHUSHO, V'HU YIBADEL MI'KEHAL HA'GOLAH." - "[A proclamation was issued in Yehudah and Yerushalayim to all of the people of the exile to assemble in Yerushalayim: And that anyone who would not come within three days, in accordance with the counsel of the officers and the elders,] all his property would be destroyed, and he would be isolated from the congregation of the exile:" (Ezra 10:7-8)

15) [line 46] KOREI V'ACHERIM ONIN OSO - (a) if a Kohen who finds a corpse calls out and others answer him (who are coming to bury the corpse) (SMAG, RAN and SHULCHAN ARUCH Yoreh Deah 374:3 based on the Yerushalmi that is brought in Bi'ur ha'Gra); (b) had the dead person been alive and have called out, others from the city (i.e. his heirs and relatives) would have answered him (MAHARSHAL)

16) [last line] KARYA V'LO ANU LAH - (a) it is similar to the case of Mes Mitzvah, where the Kohen calls out and no one answers him [to help him bury the dead] (based on (a) in the previous entry; the words "Karya" and "Lah," which use the female gender, do not translate well according to this explanation. However, it seems that TOSFOS DH Keivan had a different Girsa) (b) it is as if she calls out and no one answers her (based on (b) in the previous entry)

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