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


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Kesuvos 53

1) PRESSURE ON THE FATHER TO GIVE A DOWRY

(a) Rav Papa: Do you not want to come because Shmuel said, do not cause inheritance to transfer, even from a bad son to a good son - perhaps the bad son will have good offspring!
1. All the more so, one should not transfer from a son to a daughter!
(b) Rav Papa: This also was decreed by Chachamim, as R. Yochanan taught above!
(c) Yehudah Bar Meremar: That is when the father wants to give - he should not be forced!
(d) Rav Papa: I do not ask you to force him, merely to enter!
(e) Yehudah Bar Meremar: My coming in is like forcing!
1. Rav Papa coerced Yehudah Bar Meremar to enter. He sat silently. Aba Surah thought that he was angry; he wrote all his property to his daughter.
(f) Aba Surah: You still won't speak?! I swear, I didn't leave anything for myself!
(g) Yehudah Bar Meremar: I didn't want you to write even the first amount!
(h) Aba Surah: So I will retract!
(i) Yehudah Bar Meremar: I do not counsel you to be a retracting person.
2) WHEN ARE PRIVILEGES OF THE KESUVAH FORFEITED?
(a) Question (Rav Yemar): If a woman sold her Kesuvah to her husband - does she still have Kesuvas Bnin Dichrin?
1. Rava: You should ask, what if she pardoned the Kesuvah!
2. Rav Yemar: I asked, what if she sold it, even though one can say that (the need for money) forced her, as if she was stricken 100 times - all the more so, if she pardoned it (she forfeits Kesuvas Bnin Dichrin)!
(b) (Rava): Clearly, if she sells the Kesuvah to others, she retains Kesuvas Bnin Dichrin - financial pressure forced her;
(c) If she pardons the Kesuvah to her husband, she clearly loses Kesuvas Bnin Dichrin - she pardoned it;
(d) Question (Rava): What if she sold the Kesuvah to her husband?
1. Is this like selling it to others, or like pardoning to her husband?
(e) Answer (Rava): It is like selling to others.
(f) Question (Rav Idi Bar Avin - Mishnah): If she (a woman that married, because she believed a witness that lied and said that her husband died) dies, her heirs from both husbands do not inherit her Kesuvah.
1. Question: But the Mishnah said she receives no Kesuvah!
2. Answer (Rav Papa): Her heirs do not receive Kesuvas Bnin Dichrin.
i. By Rava's reasoning, they should - her desire to remarry is like being forced!
(g) Answer: There, Chachamim fined her.
(h) (Ravin Bar Chanina, citing R. Elazar): One who pardons her Kesuvah to her husband is not fed.
1. Rav Chisda: Had you not said that in the name of a great man, I would apply "One who repays evil for good, evil will not depart from his home" (and she should be fed).
(i) An engaged girl died. Rav Nachman, Ula and Avimi ruled that he must bury her or pay her Kesuvah.
(j) Question (Rav Chiya Bar Ami - Mishnah): One who lost an engaged spouse: Does not have the law of an Onen (one who lost a relative, before the burial); does not make him/herself impure by engaging in the burial;
(k) When she dies, he does not inherit her; when he dies, she collects a Kesuvah.
1. We infer, when she dies, she does not receive a Kesuvah!
2. (Rav Hoshiya): The reason is, we do not apply "When you will (be allowed to) marry another, you will receive what I wrote to you".
(l) (Ravin): An engaged girl that dies does not receive a Kesuvah.
1. Abaye: We already deduced this from a Mishnah.
53b---------------------------------------53b

3) HOW LONG ARE ORPHAN GIRLS FED?

(a) (Mishnah): Daughters you will have from me (will be fed) ...
(b) Rav says that the Mishnah reads 'until they are taken by men'; Levi says, it reads 'until Bagrus (6 months after adulthood)'.
(c) Question: Does Rav really say that she is fed after Bagrus? Does Levi really say she is fed after marriage?
(d) Clarification: Both agree, after Bagrus *or* marriage, she is not fed.
1. They argue by engagement, before Bagrus.
2. Levi taught in his 'Mishnah', until Bagrus and the time for marriage comes.
3. Question: Until both?!
4. Correction: Until Bagrus *or* the time for marriage.
(e) Tana'im argued as Rav and Levi.
1. (Beraisa): Girls are fed until engagement; R. Elazar says, until Bagrus.
2. (Rav Yosef - Beraisa): Until marriage.
3. Question: Until engagement, or until Nisu'in?
i. This question is unresolved.
(f) Question (Rav Chisda): Did you here Rav Yehudah decide this question?
(g) Version #1 - Answer (Rav Yosef): No, but presumably, she is not fed.
1. Since she is engaged, her husband does not want her to be disgraced (she is not fed from her father's property, since her husband will feed her).
(h) Objection (Rav Chisda): The reasoning is the opposite - since the husband is unsure if she has a blemish (which would invalidate the marriage), he will not freely throw away his money (to feed her; therefore, she should be fed from her father's estate)!
(i) Version #2 - Answer (Rav Yosef): I didn't hear, but presumably, she is fed.
1. Objection (Rav Chisda): Just the opposite! Since she is engaged, her husband does not want her to be disgraced.
4) WHICH GIRLS ARE FED
(a) Question: A Mima'enes (girl that does Mi'un) - is she fed?
(b) Answer (Rav Sheshes - Beraisa): A widow, divorcee or Yevamah in her father's house is fed; R. Yehudah says, if she is still in her father's house, she is fed; if not, not.
1. Question: The first Tana said the same!
2. Answer: Rather, they argue by a Mima'enes; the first Tana says she is fed, R. Yehudah says she is not.
(c) Question (Reish Lakish): The daughter of a Yevamah from her Yavam - is she fed after the Yavam dies?
1. Since we learned, her Kesuvah is collected from the property of the deceased brother - she is not fed (since he only obligated himself to feed his own daughters).
2. Or, since if there is not property from the deceased husband, the Yavam writes her a Kesuvah from his own property, she is fed!
i. The question is unresolved.
(d) Question (R. Elazar): The daughter of a Sheniyah (a relative forbidden mid'Rabanan) - is she fed (after the husband dies)?
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