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Kesuvos 91
1) [line 32] ANACHNU MA'ALIM AL NICHSEI AVINU YAFEH DINAR - we accept the
properties of our father at the value of one Dinar more than their worth
2a) [line 34] RA'UY - assets that were not in the hands of the father when he
dies but would have come to him eventually; e.g. the inheritance of one of
the father's relatives who dies after the father (RASHI); loans that are owed
to the father and business transactions that are in someone else's hands,
that are reimbursed after the father's death, even if the debt was written in
a document that was in the possession of the father while he was alive (RAV
OVADYAH MI'BARTENURA)
b) [line 34] MUCHZAK - assets that are in the possession of the father when
he dies
3) [line 40] ZILU PAISINHU - go and appease them
4) [line 40] MACHINA LECHU B'SILVA D'LO MABA DAMA - I will torture (lit. hit)
you with a thorn or barb that does not let blood when it pierces the skin;
i.e. I will excommunicate you (RASHI)
91b---------------------------------------91b
*5*) [line 1] KACH MU'ATIN V'NISRABU ZACHU BAHEN YORSHIN - if there was less
property and the amount of property increased, so that there now is a Mosar
Dinar, the heirs of the *smaller* Kesuvah benefit, because the property is
split evenly (and the laws of Kesuvas Benin Dichrin do *not* apply). That is,
the Halachah is *not* like Rav Amram (RASHI, see also Tosfos DH Kach for
another interpretation).
6) [line 4] APADNEI - mansions (ARUCH)
7) [line 8] IY SHAVYA LACH ALFA ZUZEI, LECHAYEI - if the one that you have
already seized is worth 1000 Zuz to you, then it is good (you have already
received all the money coming to you)
8a) [line 13] TIRFA - a document confirming that a purchased property (that
was sold with Achrayus) was seized, giving the purchaser the right to be
compensated for the value of the property (See also SHULCHAN ARUCH Choshen
Mishpat 98:9, where the same word is used to connote a document conferring
the right of seizure of a debtor's property.)
b) [line 13] V'TIRFA, B'CHAMAH KASVINAN? - Which amount is written in the
Shtar Tirfa; 500 Zuz, the amount that the purchaser paid for it, or 1000 Zuz,
the amount for which the creditor accepted it?
9) [line 17] KETINEI D'AR'A - small parcels of land
10) [line 36] SELUKEI SALKUHA - they removed his lien from the land
11a) [line 36] D'ZAVNAH LI'CHESUVASAH D'IMEI B'TOVAS HANA'AH - (a) who sold
the rights of inheritance of his mother's Kesuvah for Tovas Hana'ah (RASHI,
1st explanation); (b) who sold the field that was a security for and from
which payment would be extracted for his mother's Kesuvah (RASHI, 2nd
explanation); (c) who sold his mother's right to her Kesuvah (TOSFOS RID)
b) [line 37] TOVAS HANA'AH - a goodwill benefit
(a) The words "Tovas Hana'ah" denote the trivial benefit (in terms of
pleasure or compensation) that a person receives in return for giving away an
object or goods to which he has only very limited rights.
(b) A common example of this is selecting a particular individual to be the
recipient of a gift that he is obligated to bestow to others. For example,
Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah of
a Yisrael who separates Terumah or Ma'aser from his produce is the right to
give the Terumah or Ma'aser to the Kohen or Levi of his choice.
(c) Another example is selling an object to which one will not have full
rights until a later date, or to which one may never gain full rights. For
example, a woman only receives a Kesuvah from her husband if the husband dies
before her or divorces her. She may sell her rights to collect the Kesuvah
for Tovas Hana'ah. Since the possibility exists the she will die before her
husband and the purchaser will not receive the Kesuvah, the Tovas Hana'ah of
the Kesuvah is worth much less than the Kesuvah itself.
(d) In our case, the son's rights to his mother's Kesuvah are limited even
further by the possibility that he will die before his mother and never
receive any inheritance from her.
12) [line 38] U'ME'AR'ARA - and she objects, protests
13) [line 38] LO MAFTZINA LACH - I will not reimburse you
14) [line 43] B'ACHRAYUS
(a) "Achrayus" is a way of insuring the purchase of land or the repayment of
a debt. A person who gives or sells a field to someone else, or who signs a
document of debt (this includes a Kesuvah) can guarantee the field or
document by obligating himself in Achrayus. If it is determined afterwards
that the seller did not have the right to sell the land (for example, if the
land was stolen, or if there was a lien on the property and it was claimed by
a creditor as repayment for a loan), the assets of the seller are made
available to the buyer to collect the value of the property that was removed
from his possession. For example, if Reuven sold a field to Shimon with
Achrayus, and Reuven's creditor demands and confiscates the field from
Shimon, Shimon has the right to collect its value from Reuven (or from other
people who bought land from Reuven after the time of Shimon's purchase). If
the field was purchased without Achrayus, Shimon has no legal claim against
Reuven whatsoever, and he is not compensated at all for his loss (Bava Basra
44b).
(b) There is an argument among the Tana'im as to whether a seller
automatically accepts upon himself Achrayus whenever he sells a property or
obligates himself to pay someone (e.g. by writing a document of debt or a
Kesuvah) with a Shtar (a legal document), even if it did not state in the
Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah
states that "Achrayus Ta'us Sofer;" the sale or debt *does* have Achrayus and
the scribe simply forgot to include it in the Shtar. Rebbi Meir rules that we
follow the plain reading of the Shtar, and therefore there is no Achrayus
(Bava Metzi'a 13b).
(c) The Gemara (ibid. 15b) concludes that even if Achrayus was not written in
the Shtar, the seller *is* obligated in Achrayus unless he made an explicit
condition to be absolved of Achrayus. With regard to a person who gives a
gift, since most people do not accept Achrayus upon themselves when they give
a gift, the Gemara concludes that the benefactor is *not* obligated in
Achrayus unless he made an explicit condition that he should be obligated.
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