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Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Kesuvos 16

KESUVOS 16-19 - have been anonymously dedicated by a unique Ohev Torah and Marbitz Torah living in Ramat Beit Shemesh, Israel.

1) AUTHORSHIP OF THE MISHNAH

(a) (Mishnah - continuation): If witnesses testify that the field belonged to Shimon's father, and Reuven says 'I bought it from him', Reuven is not believed.
(b) (Gemara): (In the beginning of the Mishnah) she is only believed because there are witnesses - if there would be no witnesses, hen would be believed.
(c) Suggestion: Our Mishnah is not like R. Gamliel, for he says she is believed.
(d) Rejection: The Mishnah is even as R. Gamliel - R. Gamliel only said she is believed when her claim is certain, and his claim is doubtful; here, both claims are certain!
1. Question: The one who made the suggestion - what did he think - in our case, both are certain!
2. Answer: Since most women are married as virgins, her claim is more certain than his.
(e) Support: Presumably, R. Gamliel does admit here, since the end of the Mishnah says that R. Yehoshua admits.
1. If R. Gamliel admits in the beginning, it is proper to say 'and R. Yehoshua admits'.
2. If R. Gamliel does not admit - to whom does R. Yehoshua admit?
(f) Rejection: R. Yehoshua's admission does not refer to what was taught in our Mishnah; rather, it refers to the Migo taught in the 1st chapter.
(g) Question: Which Mishnah does he refer to?
(h) Answer#1: A single girl is pregnant. She says that the father has proper lineage. R. Gamliel and R. Eliezer say that she is believed; R. Yehoshua argues.
(i) Objection: There, she has no Migo (better possible claim) - we see that she is pregnant!
(j) Answer#2: A girl was talking with a man.. She says that he has proper lineage. R. Gamliel and R. Eliezer say that she is believed; R. Yehoshua argues.
(k) Question: What Migo does she have?
1. According to Ze'iri, who said that 'speaking' means seclusion - she has a Migo, she could have said there were no relations.
2. According to Rav Asi, who said that 'speaking' means relations - she has no Migo!
(l) Answer#3: She says that she is a Mukas Etz; he says that she had relations. R. Gamliel and R. Eliezer say that she is believed; R. Yehoshua argues.
(m) Question: What Migo does she have?
1. According to R. Elazar, who said that she claims a Kesuvah of 100, and he claims she has no Kesuvah - she has a Migo, she could have said that she became a Mukas Etz after engagement, and her Kesuvah is 200.
2. According to R. Yochanan, who said that she claims a Kesuvah of 200, and he claims that her Kesuvah is 100 - she has no Migo!
(n) Answer#4: A Kalah is found not to be a virgin. She says that she was raped after engagement; he says, perhaps it was before engagement. R. Gamliel and R. Eliezer say that she is believed; R. Yehoshua argues.
1. She has a Migo. The claim she made forbade her to Kohanim. She could have said that she is a Mukas Etz, and would have remained permitted to Kohanim.
2. R. Yehoshua does not believe her with that Migo, but does believe the Migo in our Mishnah.
3. Question: Both are Migos - why is the Migo of our Mishnah better?
4. Answer: Here, the ox is not slaughtered in front of you; there, it is (Shimon had no claim until Reuven said that the field used to belong to Shimon's father; there, the Chasan saw that she was not a virgin, and had a claim before she spoke up).
2) MOST GIRLS ARE MARRIED AS VIRGINS
(a) Question: The Mishnah implies that if she cannot prove that she was married as a virgin, her Kesuvah is only 100 - why?
1. Most girls are married as virgins - why don't we assume that she is from the majority?
(b) Answer (Ravina): Most girls are married as virgins; every time a virgin is married, people talk about it.
16b---------------------------------------16b

1. Since there is no talk about this girl, this suggests that she is not from the majority.
(c) Objection: If *every* virgin is talked about, how can we believe witnesses who say that she was married as a virgin, even though there is no talk - we should say that the witnesses are lying!
(d) Correction: Ravina said that *most* virgins are talked about; since there is not talk about this girl, we do not say that she probably was a virgin.
3) WHEN WITNESSES COME, THE FULL KESUVA IS PAID
(a) (Mishnah): If witnesses say that she was married as virgins are married, she collects 200.
(b) Question: We should be concerned that she will bring witnesses and collect in Beis Din, and later show her Kesuvah and collect again in another Beis Din!
(c) Answer#1 (R. Avahu): We deduce that we (generally) write a receipt (when a creditor says that he lost his document, he collects, and the debtor keeps a receipt that he paid).
(d) Answer#2 (Rav Papa): Our Mishnah deals with a place where they do not write Kesuvahs.
(e) Another version says that this was said on a Beraisa.
(f) (Beraisa): A woman lost, hid or burned her Kesuvah. If witnesses say at the wedding, people danced, frolicked, passed a cup of tidings or a cloth (for virginal blood) in front of her, she collects 200.
(g) Question: We should be concerned that she will bring witnesses and collect in Beis Din, and later show her Kesuvah and collect again in the same Beis Din!
(h) Answer#1 (R. Avahu): We deduce that we (generally) write a receipt (when a creditor says that he lost his document, he collects, and the debtor keeps a receipt that he paid).
(i) Answer#2 (Rav Papa): Our Mishnah deals with a place where they do not write Kesuvahs.
1. Question: But the Beraisa says that the Kesuvah was lost!
2. Answer: This man happened to write it.
3. Question: Why do we let her collect - later, she might collect again with the Kesuvah!
4. Answer#1: 'Lost' in the Beraisa means that it was burned.
i. Question#1: But the Beraisa lists 'burned' separately!
ii. Question#2: This will not answer the case where she hid it!
iii. Question#3: Why must we teach the case of being lost (if it was burned, the law is obvious!)
5. Answer#2: The Beraisa means: If she lost the Kesuvah, it is as if we saw her hide it; she does not collect unless witnesses saw that it was burned.
(j) The version that taught these opinions on the Beraisa, all the more so they would say so on the Mishnah.
(k) The version that taught these opinions on the Mishnah would not learn them on the Beraisa, because of the question (since the answer is not so great).
(l) Question: We should be concerned that she will bring witnesses and collect in Beis Din, and bring witnesses and collect again in another Beis Din!
(m) Answer: Certainly, where there is no alternative, we write a receipt.
4) THE CUP OF TIDINGS
(a) (Mishnah): They passed in front of her a cup of tidings.
(b) Question: What is a cup of tidings?
(c) Answer#1 (Rav Ada Bar Ahavah): A cup of Trumah.
1. This symbolizes that she was fitting to marry a Kohen and eat Trumah.
2. Question (Rav Papa): A widow is also fit to marry a Kohen and eat Trumah!
3. (Rav Papa): Rather, it symbolizes that this will be her first relations, just as Trumah is called first.
(d) Answer#2 (Beraisa - R. Yehudah): We pass a barrel of wine in front of her.
1. (Rav Ada Bar Ahavah): We pass a closed barrel in front of a virgin, and an open barrel in front of a non-virgin.
2. Question: It should suffice to pass a barrel in front of a virgin, and nothing in front of a non-virgin!
5) Answer: If so, she might seize 200 and claim that she was a virgin. She will say that they should have passed a barrel in front of her, but were unable to. (Since she cannot be disproved, she would keep the money.)

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