POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 17
KESUVOS 16-19 - have been anonymously dedicated by a unique Ohev
Torah and Marbitz Torah living in Ramat Beit Shemesh, Israel.
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1) DANCING IN FRONT OF THE KALAH
(a) (Beraisa): When dancing in front of the Kalah, Beis
Shamai says that we praise her as she is; Beis Hilel says
that we say she is pretty and has grace.
(b) Beis Shamai: If she is lame or blind, do we say that she
is pretty and has grace?
1. "Stay far from a false matter"!
(c) Beis Hilel: You admit, if a person buys something, we
tell him it is a good purchase!
1. From here, we learn that a person should always do
as people desire.
(d) (Rav Dimi): In Eretz Yisrael, they sing thusly: 'Without
eye-color, mascara or braiding, she bears grace!'
1. When R. Zeira was ordained, they sang, 'Without
eye-color, mascara or braiding, he bears grace!'
2. When R. Ami and R. Asi were ordained, they sang,
'Like this and this we consider ordained, but not
those that mix up laws, rags, those that say a fifth
of the reason, nor empty people.'
3. When R. Avahu would come from the Beis Medrash to
the Kaiser's house, the maidservant would come out
to greet him and sing 'A prince of his people, a
leader of his nation, a radiant countenance, blessed
is your coming in peace.'
(e) R. Yehudah used to take a myrtle branch and dance in
front of the Kalah, saying 'A pretty, graceful Kalah'.
(f) Rav Shmuel Bar Rav Yitzchak used to juggle 3 branches.
1. R. Zeira: The elder is embarrassing us!
2. When Rav Shmuel Bar Rav Yitzchak died, a pillar of
fire separated him from the people.
i. We have a tradition - this only happens to 1 or
2 people in a generation.
3. Version#1 (R. Zeira): The myrtle branch helped him
merit this.
4. Version#2: His acting like a fool helped him.
5. Version#3: His way of acting helped him.
(g) Rav Acha would carry the Kalah on his shoulder and dance.
1. Rabanan: Can we do similarly?
2. Rav Acha: If she is as a log to you, fine! If not,
no.
(h) (R. Shmuel Bar Nachmani): One may look at the Kalah all 7
days, to endear her to the Chasan.
1. The law is not like this.
2) THE HONOR GIVEN TO THE DECEASED
(a) (Beraisa): A funeral procession is diverted to allow the
procession of a Kalah to pass first;
(b) Both of these allow a King of Yisrael to pass first.
1. King Agripas allowed a Kalah to pass first;
Chachamim praised him for this.
2. Question: But Rav Ashi taught, even the opinion that
says that a Nasi may forego his honor agrees that a
king may not!
i. 'Put, put a king upon you' - his fear should be
upon you!
3. Answer: It was a fork in the road (and it was not
evident that he deferred to the Kalah).
(c) (Beraisa): We are idle from learning Torah to escort a
deceased or a Kalah.
1. R. Yehudah used to do this.
(d) If enough people are at the funeral, we remain learning.
1. Question: What is considered enough?
2. Answer#1 - Version#1: (Rav Shmuel Bar Ini): 12,000
men and 6,000 shofar blowers.
3. Version#2: 12,000 men of whom 6,000 blow shofars.
4. Answer#2 (Ula): Enough people to reach from the gate
of the city to the grave.
5. Answer#3 (Rav Shashes): The taking of Torah is as
its giving, with 600,000 people.
i. This applies to one who learned Chumash and
Mishnah.
17b---------------------------------------17b
ii. For one who taught, there is no limit.
3) CUSTOMS AT THE WEDDINGS OF VIRGINS
(a) (Mishnah): If witnesses say that she went to Chupah with
Hinuma ...
(b) Question: What is Hinuma?
(c) Answer#1 (Rav Papa): A dome of myrtle above her.
(d) Answer#2 (R. Yochanan): A veil in which she dozes.
(e) (Beraisa): The customs of the Mishnah, when performed in
Yehudah, prove that the Kalah was a virgin.
(f) Question: What constitutes a proof in Baval?
(g) Answer (Rav): (Women put) oil on the heads of the
Chachamim.
(h) Question (Rav Papa): Do Chachamim have boils that they
need this?
(i) Answer (Abaye): You are an orphan with respect to this
custom - your mother never did it for you?!
1. Version#1: When a Chacham married his son into the
family of Rabah Bar Ula, they anointed the
Chachamim's heads with oil.
2. Version#2: This was done when Rabah bar Ula married
his son into the family of a Chacham.
(j) Question: What is done at the wedding of a non-virgin?
(k) Answer (Rav Yosef): Parched grain is *not* thrown.
4) REUVEN CLAIMS TO HAVE BOUGHT A FIELD FROM SHIMON'S FATHER
(a) (Mishnah): R. Yehoshua admits that Reuven is believed.
(b) Question: Why didn't we teach, R. Yehoshua admits that
Reuven is believed to say, 'this field was yours, I
bought it from you'?
(c) Answer: Because we want to teach the latter case, if
there are witnesses that it used to belong to Shimon,
Reuven is not believed.
1. If Reuven has a Chazakah on the field (he has been
using it uncontestedly for 3 years, which is
considered a proof that it is his), why is he not
believed?
2. If Reuven has no Chazakah on the field, of course he
is not believed!
(d) Question: The same may be said in the case of the Mishnah
(I bought this field from your father)!
1. If Reuven has a Chazakah on the field, why is he not
believed?
2. If Reuven has no Chazakah on the field, of course he
is not believed!
(e) Answer: There is a case which is not obvious - Reuven
used the field for 2 years while Shimon's father was
alive, and 1 year after he died and it passed to Shimon.
1. This is as Rav Huna, who taught that one cannot
make a Chazakah on the field of a child, even after
the child grows up.
(f) Question: Is Rav Huna's teaching merely the law of our
Mishnah?!
(g) Answer#1: This law is not explicit in the Mishnah; Rav
Huna taught it explicitly.
(h) Answer#2: Rav Huna taught that one cannot make a Chazakah
even after the child grows up.
(i) Question: Let the Mishnah teach that Reuven bought the
field from Shimon, and used the field 2 years in Shimon's
presence, and 1 year when Shimon was away, e.g. he fled!
1. Question: What shall we say is the reason he fled?
i. If he fled because he feared for his life -
obviously, Reuven is not believed (since Shimon
was afraid to protest, Reuven uncontested use
of the field is not a Chazakah).
ii. If he fled for monetary concerns - he should
have protested (and Shimon has a Chazakah, and
is obviously believed)!
iii. We hold that a protest not in front of the
prior owner is a good protest.
i) (Mishnah): There are 3 regions in Eretz
Yisrael regarding Chazakah - Yehudah, the
other (east) side of the Jordan River, and
Galil; a Chazakah is only valid if the
prior owner was in the same region.
ii) Question: If the Tana holds that a protest need not be in front
of the prior owner - a Chazakah should be valid even if they
are in different regions!
iii) If the Tana holds that a protest must be in front of the prior
owner - even if the prior owner is in the same region, it
should not be a Chazakah if he is in a different city!
iv) Answer (R. Aba Bar Mamal): The Tana holds that a protest need
not be in front of the prior owner; the Mishnah deals with the
case of a Cherem (people are not allowed to travel from one
region to the other, so word does not spread).
5) The law applies to any case of Cherem; the Mishnah talked about Yehudah
and Galil, to teach that they may be assumed to be in a state of Cherem.
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