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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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