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1) WHO BURIES A SHOMERES YAVAM

(a) Support (Abaye - Mishnah): A widow is fed from the orphans' property; they receive her earnings, and need not bury her; her heirs, which inherit her Kesuvah, must bury her.

1. Question: What widow has 2 sets of heirs (that we must specify, the heirs that inherit her Kesuvah)?
2. Answer: A Shomeres Yavam.

(b) Question (Rava): Why can't the Yavam say, 'I inherit my brother, I will not bury his wife'?
(c) Answer (Abaye): Because her heirs can claim from 2 angles.

1. If you inherit your brother (and stand in his stead), you must bury her.
2. If you will not bury her, you must pay her Kesuvah!

(d) Question (Rava): He can say, 'I inherit my brother, I will not bury his wife'; regarding her Kesuvah, it was not standing to be paid in his brother's lifetime!
(e) Counter-question (Abaye): Who expounds the language of the Kesuvah? Beis Shamai! They say, a document standing to be collected is considered as collected!

1. (Mishnah): (A Sotah's) husband died before she drank. Beis Shamai says, she receives her Kesuvah; Beis Hillel says, either she drinks or does not receive her Kesuvah.
2. Objection: She cannot drink! We require, "The man will bring his wife"!
3. Correction: Rather, Beis Hillel says, since she does not drink, she does not receive a Kesuvah.

i. Question: Why does Beis Shamai say she receives her Kesuvah - we are in doubt, perhaps she had adultery - her claim to a Kesuvah is uncertain, but his heirs certainly inherit!
ii. Answer: Beis Shamai say, a document standing to be collected is considered as collected.

(f) Why is the Kesuvah considered as collected? The Kesuvah says, 'When you will (be permitted to) marry another, you will collect' - a Shomeres Yavam cannot marry another!
(g) Answer: The Yavam is considered 'another'.

(a) Question (Rava): Is a Kesuvah really standing to be collected in the lifetime of the husband?

1. (Beraisa - R. Aba): A Yavam that wants to sell property he inherited from his brother: if he is a Kohen - he should appease his wife so she will agree;

i. If he is a Yisrael, he can divorce her and remarry her.

2. If the Kesuvah is standing to be collected in his lifetime - let him designate an amount sufficient to pay the Kesuvah, and he can sell the rest!

(b) Counter-question (Abaye): Why didn't you ask from the Mishnah?

1. (Mishnah): (The Yavam) should not tell her, 'Your Kesuvah is on the table' - rather, there is a lien on all his property to pay the Kesuvah.

(c) Answer: That is merely advice.

1. We must say this, for the Mishnah continues, 'Similarly, a man should not tell his wife, 'Your Kesuvah is on the table' - rather, there is a lien on all his property to pay the Kesuvah.

i. You cannot say, a married man cannot sell his property! Rather, this is just advice.
ii. Regarding the Yavam, it is also just advice.

(d) The Beraisa of R. Aba (Question a:1) is still difficult.
(e) Answer: That also is just advice, to avoid resentment.

(a) A woman fell to Yibum; the younger brother planned to give her a Get, to prevent the older brother from doing Yibum.

1. Older brother: Why do you want to do that? So I should not inherit our brother's property myself? I will split it with you!
2. (Rav Yosef): Since Chachamim said, the property may not be sold, the sale (or gift) is void.

i. (Beraisa): A man died, his wife fell to Yibum. Even though the deceased left 100 Maneh, and the Kesuvah is only 1 Maneh, there is a lien on all the property, and the Yavam may not sell any of it.

3. Question (Abaye): Is it really true, wherever Chachamim said not to sell, the sale is void?

i. (Mishnah): Beis Shamai says, she may sell; Beis Hillel says, she may not sell; they agree, if she sold or gave it, the sale or gift stands.

4. This question was sent to R. Chanina Bar Papi; he answered, Rav Yosef's ruling is correct.
5. Abaye: What good is his answer - he did not give any reason!
6. The question was sent to Rav Minyomi Brei d'Rav Nechumi. He ruled as Abaye, but asked if Rav Yosef could find support for his ruling.
7. (Rav Yosef - Beraisa): Reuven owed his brother money. His brother died, and his wife fell to Yibum. Reuven cannot say, since I inherit, the money will stay by me; rather, we take the money from him, buy land with it, and he eats the fruits.
8. Rejection (Abaye): Perhaps the Beraisa is merely good advice.
9. Answer (Rav Yosef): The Tana says, we take from him - you cannot say, this is just good advice!

i. They sent this to Rav Minyomi.

10. Rav Minyomi: Rav Nachman said, this Beraisa is erroneous.
11. Question: What is wrong?

i. Suggestion: If because a loan is as Metaltelim, and a Kesuvah is not collected from Metaltelim - perhaps the Beraisa is as R. Meir, who says that a Kesuvah is collected from Metaltelim!
ii. Suggestion: If because he can say to her, you have no claim against me - perhaps the Beraisa is as R. Nasan!