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1) FEEDING ORPHANED DAUGHTERS

(a) Question: In any case, what is ready to be harvested in considered as harvested (i.e. Metaltelim)!
(b) Answer (Rav Yosef): I referred to dates which must remain on the tree a while longer.
(c) An orphan and his sister came to Rava; he instructed that both be fed from Metaltelim.

1. Chachamim: But you yourself said that food, Kesuvah and Parnasa are only collected from land!
2. Rava: If he wanted a slave to serve him, would we not buy one? All the more so, we are also feeding a daughter!

(d) (Beraisa - Rebbi): Both property which can have a lien on it (i.e. land) and property which cannot (Metaltelim) is used to feed a widow and orphan daughters;
(e) R. Shimon Ben Elazar says, we take land from sons to daughters, from daughters to daughters, from sons to sons, and from daughters to sons when there is much property;
(f) We do not take from daughters to sons when there is little property;
(g) We take Metaltelim from sons to sons, from daughters to daughters, from daughters to sons, but not from sons to daughters.

1. Even though we (generally) rule as Rebbi against his colleague, here the law is as R. Shimon Ben Elazar.

i. Rava: Food, Kesuvah and Parnasah are only collected from land.

(a) (Mishnah): A man did not write a Kesuvah to his wife. It is an enactment of Beis Din that a virgin collects 200, a non-virgin 100;
(b) If he wrote that she should collect a field worth 100 in place of 200, or did not write that there is a lien on all his property to pay the Kesuvah - he must pay (even from sold land), by enactment of Beis Din;
(c) If she is captured, he must redeem her; he may not say, 'Behold, I divorce her; here is a Get and her Kesuvah, let her redeem herself.'
(d) If she gets sick, he must heal her; he may not say, 'Behold, I divorce her; here is a Get and her Kesuvah, let her heal herself.'
(e) (Gemara): The Mishnah is as R. Meir, who says that one who decreases the Kesuvah from 200 for a virgin or 100 for a non-virgin, relations with his wife are considered harlotry.

1. It cannot be R. Yehudah, since he says that one may write 200 to a virgin, and she writes that she received 100; one may write 100 to a virgin, and she writes that she received 50.

(f) The end of the Mishnah teaches that even if he did not write a lien on his property, there is a lien on it to pay the Kesuvah.

1. This is as R. Yehudah, who says that a document puts a lien on land even if it does not say so - we attribute the omission to a mistake of the scribe.
2. R. Meir does not hold this way.

i. (Mishnah - R. Meir): If one finds a loan document, if it mentions a lien on property, we do not return it, since Beis Din collects (from land that people bought from the borrower) to pay the loan (and we suspect that the loan was already paid);
ii. If the document does not mention a lien, it may be returned, since Beis Din does not collect from it;
iii. Chachamim say, either may not be returned, since Beis Din collects (bought land).

(g) Question: The beginning of the Mishnah is R. Meir, the end is R. Yehudah?!

1. Suggestion: Perhaps the whole Mishnah is as R. Meir, and he distinguishes between a Kesuvah and other documents.
2. Rejection: He doesn't distinguish!

i. (Beraisa): 5 things are only collected from free property (i.e. of the debtor, not from property he sold): Fruit of a stolen land; improvements made on stolen land; one who agrees to feed the child of his wife; a loan document without mention of a lien; a Kesuvah without mention of a lien.
ii. This Beraisa is as R. Meir, who says that a loan document without a lien does not collect from sold property - and it says the same about a Kesuvah!

(h) Answer #1: The entire Mishnah is as R. Yehudah.

1. R. Yehudah only said that she may write that she received half her Kesuvah - but the husband must write the full amount!

(i) Answer #2: The entire Mishnah is as R. Meir.

1. When it says, even if he didn't write a lien, he must pay - it only means, from free property.

(a) (Shmuel's father): The wife of a Yisrael that is raped is forbidden to her husband - we are concerned that she initially was forced, but later desired having relations.
(b) Question #1(Rav - Mishnah): 'If you are captured ... I will return you as a wife'!

1. Shmuel's father was silent. Rav: "The princes held back word, they put a hand to their mouths".
2. Question: What could he have answered?
3. Answer: Chachamim were lenient by a captured woman (since only *perhaps* she was raped).

(c) Question #2: According to Shmuel's father, what is the case of the Torah, that a raped woman is permitted to her husband?
(d) Answer: Witnesses say that she screamed from beginning to end.
(e) Rava argues on Shmuel's father.

1. (Rava): If initially she was forced, even if she later desires, even if she says 'Leave him, if he didn't want to, I would pay him for this', she is permitted (to her husband).

i. The reason is, he cloaked her with the evil inclination.

(f) (Support for Rava - Beraisa): "She was not grabbed" - forbidden; had she been grabbed, she would be permitted;

1. There is another case that is permitted even if she was not grabbed - the beginning was forced, she desired in the end.

(g) (Beraisa): "She was not grabbed" - forbidden; had she been grabbed, she would be permitted;

1. There is another case that is forbidden, even if she was grabbed - the wife of a Kohen.

(h) (Rav Yehudah, heard from R. Yishmael): "She was not grabbed" - forbidden; had she been grabbed, she would be permitted;

1. There is another case that is permitted even if she was not grabbed - her engagement was based on a mistake - even if her son is on her shoulder, she may say she doesn't desire (what had been thought to be) her husband, and leave him.

(i) (Rav Yehudah): Women taken by robbers are permitted to their husbands.

1. Chachamim: But the women supply the robbers with bread (it seems, they want to be with them)!
2. Rav Yehudah: They only do this out of fear.
3. Chachamim: But they supply them with arrows!
4. Rav Yehudah: They only do this out of fear.

i. If the robbers allow the women to return to their husbands, and they choose to stay with the robbers, they are certainly forbidden.

(j) (Beraisa): A captive of the king is like a captive (and is permitted to her husband, if he is not a Kohen); a captive of a robber is not like a captive (and is forbidden to her husband).
(k) Contradiction: Another Beraisa learns oppositely!
(l) Answer: The Beraisa which permits a captive of the king, refers to a king as Achashverosh; the Beraisa which forbids a captive of the king, refers to Ben Netzar;

1. The Beraisa which permits a captive of a robber, refers to a robber as Ben Netzar; the Beraisa which forbids a captive of a robber, refers to plain robbers.

(m) Question: Why does the 1st Beraisa call Ben Netzar a robber, and the 2nd calls him a king?
(n) Answer: Compared to Achashverosh, he is only a robber; compared to regular robbers, he is a king.

(a) (Mishnah): A Kohen writes to his wife, 'If you will be captured, I will return you to your land.'
(b) (Abaye): A Kohen Gadol that married a widow must redeem her - it applies 'I will return you to your land.'