POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 28
1) KEEPING A DIVORCED COUPLE APART
(a) If he is a Kohen, she may not live in the same alleyway.
(b) A small village is considered as a neighborhood (the text
of the Rambam - as an alleyway).
(c) Question: Which of them must move away from the other?
(d) Answer (Beraisa): She must move from him, he need not
move from her, unless it is her courtyard.
(e) Question: What is the law if they jointly own the
courtyard?
(f) Answer (Beraisa): She must move from him.
1. We cannot be dealing with his courtyard, this would
be obvious!
2. We cannot be dealing with hers - there, the law is
that he must move!
3. Suggestion: It must be that they jointly own it!
4. Rejection: Perhaps he is renting it.
(g) Question: What was the final ruling?
(h) Answer: "Hashem will move you as a man moves" - Rav:
moving is harder for a man than for a woman.
(i) (Beraisa): If he borrowed things she received from her
father, she makes a messenger to receive payment.
(j) (Rav Sheshes): If they come to Beis Din together, we do
not accept their case.
(k) (Rav Papa): We excommunicate them.
(l) (Rav Huna Brei d'Rav Yehoshua): We also lash them.
(m) (Rav Nachman): This applies to divorce from full
marriage; by divorce from engagement, he may pay her
directly, since they are not familiar with each other.
(n) A couple divorced from engagement came before Rava.
(o) Version #1: Rava set up a middleman so they should not
deal with each other.
1. Rav Ada Bar Masna: But Rav Nachman taught ... !
2. Rava: I saw that they are familiar with each other.
(p) Version #2: Rava did not set up a middleman.
1. Rav Ada Bar Masna: Set up a middleman!
2. Rava: But Rav Nachman taught ... !
3. Rav Ada: That is when they are not familiar with
each other. Here, we see that they are familiar.
2) WHEN ONE CAN TESTIFY ON WHAT HE SAW AS A CHILD
(a) On the following, a man may testify about what her saw as
a child:
(b) This is the signature of my father/Rebbi/ or brother;
(c) When Plonis was married she had a veil and uncovered hair
(as is the custom of virgins);
(d) Ploni was taken from school to immerse in a Mikvah to eat
Terumah;
(e) Ploni used to receive Terumah with us at the granaries;
(f) This area is a Beis ha'Pras (a field in which a plow may
have scattered bones from a corpse);
(g) We used to walk this far on Shabbos (it is within the
permitted region around the city);
(h) A man *cannot* testify that he remembers from his youth:
(i) Ploni owned a path to his field here;
(j) The funeral procession of Ploni paused here.
(k) (Gemara - Rav Huna Brei d'Rav Yehoshua): This only
applies if an adult testifies with him.
(l) All 3 cases of recognizing signatures must be taught.
1. If it would only teach that he is believed on his
father's signature, we would think that he is not
believed on others, since he is not by them as much.
2. If it would only teach that he is believed on his
Rebbi's signature, we would think that he is not
believed on others, since he does not fear them as
much.
3. If it would only teach these 2, we would think that
he is only believed on these 2 because he is often
by him/fears him, and these do not apply to his
brother.
4. Rather, since validation of documents is Rabbinic,
Chachamim chose to believe him.
(m) (Mishnah): He is believed to say that Plonis was married
as a virgin.
1. Since most girls are married as virgins, this is
just verifying what we already reason to be true,
and testimony is not required.
3) ESTABLISHING A PERSON AS A KOHEN
(a) (Mishnah): He is believed to say that Ploni left school
to eat Terumah.
(b) Question: Perhaps Ploni is the slave of a Kohen!
(c) Answer: This supports R. Yehoshua Ben Levi, who says that
one may not teach Torah to a slave.
(d) Question: Even so, this is no proof that he is not a
slave!
1. (Beraisa): The following cases are *not* considered
proof that a master freed his slave:
i. The master borrowed money from his slave;
ii. He made the slave an overseer on his property;
28b---------------------------------------28b
iii. The slave put on Tefilin in front of the master
or read 3 verses in Shul.
(e) Answer: Those cases were chance happenings; to teach him
Torah is treating him as a son.
(f) The testimony (which he saw as a child) only enables
Ploni to eat Rabbinic Terumah.
(g) (Mishnah): Ploni used to receive a share of Terumah with
us at the granaries.
(h) Question: Perhaps Ploni is the slave of a Kohen!
(i) Answer: Our Tana holds that we do not give Terumah to a
slave unless his master is there.
1. (Beraisa): (A Kohen and his slave were mixed up at
birth, and we do not know who is the Kohen.) R.
Yehudah says, we do not give Terumah to a slave
unless his master is there (i.e. they must come
together to receive);
2. R. Yosi says, either can receive alone - he receives
for himself (if he is the Kohen) or his master (if
he is the slave).
3. In R. Yehudah's area, people consider Terumah proof
of proper lineage; in R. Yosi's area, they do not.
(j) (Beraisa - R. Elazar Barebi Yosi): I only testified once,
and through my testimony, a slave was established as a
Kohen.
(k) Question: This cannot be - Hash-m does not allow a mishap
to occur through the animal of a Tzadik, all the more so
through a Tzadik himself!
(l) Correction: They sought to establish a slave as a Kohen
through his testimony.
1. He saw the slave receive Terumah in R. Yosi's area,
and testified in R. Yehudah's area.
4) OTHER CASES OF TESTIMONY SEEN AS A CHILD
(a) (Mishnah): This area is a Beis ha'Pras.
(b) He is only believed because Beis ha'Pras is only a
Rabbinic stringency.
1. (Rav Yehudah): A person may crouch down and blow on
the dirt of a Beis ha'Pras and (if no bones are
seen) walk across.
2. (Rav Yehudah Bar Ami): A Beis ha'Pras which has been
walked on very much is pure.
i. Any bone the size of a barley seed has surely
been crushed.
(c) (Mishnah): We used to walk this far on Shabbos.
(d) The Tana holds that the prohibition to leave the Techum
is only Rabbinic.
(e) He is *not* believed to say, Ploni owned a path to his
field here, or that the funeral procession of Ploni
paused here.
(f) This is because these cause a monetary loss to someone.
(g) (Beraisa): A child is believed to say the following:
1. Father told me that this family is pure, this one is
impure.
i. Question: 'Pure' and 'impure' do not apply to
families!
ii. Correction: Rather, this family has proper
lineage, this one, improper.
2. We ate at the Chatzatzah (explained below) when
Ploni's daughter married Ploni.
3. We used to take Chalah and parts of an animal given
to a Kohen to Ploni the Kohen.
i. He is only believed if he himself took them,
not if others took them.
(h) In all these cases, a Nachri/slave that converted/was
freed is not believed.
(i) He is *not* believed to say, Ploni owned a path to his
field here, or that the funeral procession of Ploni
paused here; R. Yochanan Ben Brokah says, they are
believed.
1. Question: On which case does R. Yochanan Ben Brokah
argue?
2. It cannot be the last cases - these cause a monetary
loss!
3. Rather, he argues on the first law, and says that a
Nachri/slave that converted/was freed is believed.
4. The first Tana says that he was not careful about
what he saw when he was a Nachri; R. Yochanan Ben
Brokah holds, since he planned to convert, he was
careful.
(j) Question: What is Chatzatzah?
(k) Answer (Beraisa): A brother that married a woman of
improper lineage, the family takes a barrel of fruit and
breaks it in the middle of the street.
1. They say, 'Hear our brothers Yisrael, our brother
Ploni married a woman of improper lineage; we are
afraid that our seed will be mixed with his. Come
take some fruit as a remembrance, so our seeds
should not get mixed.
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