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


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Kesuvos 48

1) THE OBLIGATION TO FEED ONE'S WIFE

(a) R. Elazar Ben Yakov says, "Sheirah Kesusah" - give her clothing according to her age;
1. Do not give a girl clothing fitting for an older woman, nor clothing fitting for a girl to an older woman.
(b) "Kesusah v'Onasah" - give clothing fitting for the season.
1. Do not give new clothing in summer, nor worn clothing in winter.
(c) (Rav Yosef): "Sheirah" - he should have relations without clothing, unlike the Persians who have relations clothed.
1. This supports Rav Huna, who said that a man who only wants to have relations clothed, must give his wife a divorce and a Kesuvah.
(d) (Mishnah): R. Yehudah says, even the poorest Yisrael must have 2 flutists and a women to arouse wailing at his wife's funeral.
(e) We infer, the first Tana says this is not needed.
(f) Question: What is the case?
1. If it is her family's custom to have this - why does the 1st Tana argue?
2. If it is not her family's custom to have this - why does R. Yehudah require it?
(g) Answer: It is his family's custom, but not her family's.
1. The 1st Tana holds, we only say that she rises with him (when his family's customs are greater) during her lifetime - but not after her death.
2. R. Yehudah holds, we say that she rises with him even after her death.
(h) (Rav Chisda): The law is as R. Yehudah.
2) ONE WHO LEAVES
(a) (Rav Chisda): Someone who went insane, Beis Din take from his property to feed his wife and children, and something else.
(b) Question (Ravina): Why is this different than the following?
1. (Beraisa): One who went overseas, and his wife demands food - Beis Din feeds his wife from his property, but not his children, and not something else.
(c) Answer (Rav Ashi): There is a difference between one who intentionally left, and one who unintentionally left!
(d) Question: What is 'something else' (in the Beraisa)?
1. Answer #1 (Rav Chisda): Cosmetics (for his wife).
2. Answer #2 (Rav Yosef): Tzedakah.
i. Rav Chisda, who says that Beis Din does not give her cosmetics, certainly agrees that they do not give Tzedakah from his property.
ii. Rav Yosef, who says that Beis Din does not give Tzedakah from his property, would say that they give her cosmetics - he does not want her to become repulsive.
(e) (R. Chiya Bar Avin): One who went overseas, and his wife died - Beis Din takes from his estate to bury her, according to her honor.
(f) Question: According to her honor - but not according to his?
(g) Correction: Even according to his honor.
1. We learn from this, she ascends with him and does not descend, even after she dies.
(h) (Rav Masneh): One who says - if my wife dies (after me), do not bury her - we heed his words.
(i) Question: What effect do his words have - that his property falls to his heirs? Even if he said nothing, this would happen!
(j) Correction: Rather, one who says, do not bury me from my property, we ignore his words.
1. We do not allow him to benefit his children by imposing on the congregation.
3) ENTERING THE DOMAIN OF THE HUSBAND
(a) (Mishnah): A girl is always in the domain of her father, until she enters the domain of her husband for marriage;
48b---------------------------------------48b

(b) If the father handed her over to the messengers of the husband, she is in the domain of her husband;
(c) If the father went with the messengers of the husband, or the messengers of the father went with the messengers of the husband, she is in the domain of her father;
(d) If the messengers of the father handed her to the messengers of the husband, she is in the domain of her husband.
(e) (Gemara) Question: Why does it say she is *always* in her father's domain?
(f) Answer: To show that our Mishnah argues on the original Mishnah.
1. (Mishnah): If the time for Chupah came, and they were not married - she eats Trumah (if he is a Kohen), and is fed from his property.
2. 'Always' shows that our Mishnah argues.
4) FOR WHAT IS SHE HANDED OVER?
(a) (Mishnah): If the father handed her over to the messengers of the husband, she is in the domain of her husband.
(b) (Rav): She is handed over for all laws, except for eating Trumah.
(c) (Rav Asi): Even for Trumah.
(d) Question (Rav Huna): (Mishnah): She is always in the domain of her father, until she enters the Chupah.
(e) Objection (Rav): Do not challenge a teaching based on your understanding of a Mishnah, when the Mishnah can be learned differently!
1. Rav Asi can say, handing her over to the messengers *is* entering Chupah!
(f) (Shmuel): After she is handed over, the husband becomes her heir.
(g) (Reish Lakish): Handing her over is considered as Chupah regarding the Kesuvah.
(h) Question: What is this?
1. Suggestion: If it means that he inherits the Kesuvah if she dies - that is what Shmuel said!
(i) Answer (Ravina): If she remarries (after becoming widowed or divorced) her Kesuvah from the new husband is 100.
(j) (R. Yochanan): She is handed over for all laws of marriage, even Trumah.
(k) Question (Beraisa): If the father or his messengers went with the messengers of the husband, or if she lodged overnight with the husband in her courtyard, even though the husband has the Kesuvah, if she dies, her father inherits it;
(l) If the father or his messengers handed her over to the messengers of the husband, or if she entered the husband's courtyard for marriage, even though the father has the Kesuvah, if she dies, her husband inherits it;
(m) This only applies to inheritance; regarding Trumah, she may not eat until Chupah.
1. This refutes all the Amoraim (other than Shmuel).
(n) Question: Contradictory inferences can be made from the Beraisa.
1. If she enters her courtyard with him to lodge - implying, if unspecified, we would say it is for marriage!
2. If she enters his courtyard with him for marriage - implying, if unspecified, we would say it is to lodge!
(o) Answer (Rav Ashi): The Beraisa teaches the unspecified cases.
1. We assume that entering her courtyard is to lodge; entering his, for marriage.
5) CAPITAL PUNISHMENT
(a) (Beraisa): If her father handed her to the husband's messengers, and she had adultery, she is strangled.
(b) (Rav Ami Bar Chama): We learn this from "To have adultery in her father's house" - to exclude this case (from stoning).
(c) Question: Say it excludes a girl that had Chupah without relations!
(d) Answer (Rava): We learn that stoning does not apply after Chupah from another verse.
1. "A virgin, engaged Na'arah" - engaged, not married.
i. Suggestion: If married means fully married (Chupah and relations) - she is no longer a virgin!
2. Rather, "engaged" excludes Chupah without relations.
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