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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 91
1) WHEN 1 WIFE DIES IN THE HUSBAND'S LIFETIME
(a) Explanation #1: They argue whether the extra Dinar must
be land, or even Metaltelim.
i. The 1st Tana says that it must be land; R.
Shimon says, it can even be Metaltelim.
2. Objection: This cannot be the argument - R. Shimon
says differently in the coming Mishnah!
i. (Mishnah - R. Shimon): Even if there is extra
Metaltelim, the enactment only applies if there
is an extra Dinar of land.
(b) Explanation #2: They argue whether the extra Dinar may be
land with a lien on it, or if it must be land without a
lien.
i. The 1st Tana says that there cannot be a lien;
R. Shimon says, it can have a lien on it.
(c) Objection: If so, why does R. Shimon say, If there is an
extra Dinar - he should say, Because there is an extra
Dinar!
(d) Explanation #3: They argue whether a full extra Dinar is
required, or even less than a Dinar suffices.
i. The 1st Tana says that there must be a full
Dinar; R. Shimon says, even less than a Dinar.
(e) Objection: But R. Shimon says, there must be an extra
Dinar!
1. Suggestion: Perhaps we misunderstood the Beraisa -
really, the 1st Tana says that the enactment applies
(even with less than a Dinar), and R. Shimon says,
it only applies when there is a (full) extra Dinar!
i. (Rashi - When it says, these collect the
Kesuvah of their mother - it means, the
children of the 1st wife also collect their
mother's Kesuvah; Tosfos - the 1st Tana said
that there is no enactment when there is no
excess - but when there is any excess, it
applies.)
2. Rejection: But in the coming Mishnah, R. Shimon and
the Chachamim that argue on him agree that a Dinar
is required!
(f) We can establish Explanations 1 and 2 by switching our
understanding of the Beraisa - the 1st Tana says, the
enactment applies; R. Shimon says, it only applies if
there is an extra Dinar (of land/land without a lien).
(g) (Mar Zutra): The law is, Kesuvas Benin Dichrin applies
when 1 wife dies in the life of her husband, and the
other after his death; and a Kesuvah is considered as an
extra Dinar.
1. We understand why it was not enough to only say that
Kesuvas Benin Dichrin applies when 1 wife dies in
the life of her husband, and the other after his
death - we might have thought, a Kesuvah is not
considered as an extra Dinar.
2. Question: Why didn't he just say that a Kesuvah is
considered as an extra Dinar - we could deduce,
Kesuvas Benin Dichrin applies when 1 wife dies in
the life of her husband, and the other after his
death!
3. Answer: We could have thought, the case is that he
married 3 women; 2 died in his lifetime, the 3rd
after his death, and she left only a daughter (and
the collection of her Kesuvah counts as an extra
Dinar).
i. But, if a woman that left sons died after him,
there is no enactment, lest there be quarrels -
we hear, this is not so.
2) WHEN DOES THE ENACTMENT APPLY?
(a) (Mishnah): A man was married to 2 women. They died, then
he died. The orphans demand the Kesuvah of their mother,
but there is only enough to pay the Kesuvos - the heris
split the estate equally;
(b) If there is a Dinar more than the Kesuvos, the children
of each mother receive their mother's Kesuvah; if orphans
(of 1 mother) say, we will accept property at an inflated
price, so that the estate will be considered to have an
extra Dinar - we do not consent - rather, Beis Din
evaluates the property.
(c) Property which was fitting to fall to the father is not
part of the calculation;
(d) R. Shimon says, even if there is extra Metaltelim, it
means nothing - we require an extra Dinar of land.
(e) (Gemara - Beraisa): If the Kesuvos are 1000 and 500, if
there is an extra Dinar, each woman's sons receive their
mother's Kesuvah; if not, they split the property
equally.
(f) The following is obvious: If there was an extra Dinar
when he died, but the property depreciated (and when it
is appraised, there is not an extra Dinar) the orphans
(whose mother had the larger Kesuvah) already merited
(the enactment applies).
1. Question: If there was not an extra Dinar when he
died, but the property went up in value, does the
enactment apply?
2. Answer: Such a case came before Rav Amram - he told
the sons (whose mother had the small Kesuvah) to
appease the sons of the other mother - if not, he
will excommunicate them.
i. They came before Rav Nachman. He said, just as
when there was an extra Dinar and the property
depreciated, the orphans already merited -
also, when there was not an extra Dinar and the
property rose in value (Rashi - the sons whose
mother had the large Kesuvah merited that the
enactment applies; Tosfos - the sons whose
mother had the small Kesuvah merited that the
enactment does not apply).
91b---------------------------------------91b
3) COLLECTION OF DEBTS
(a) A man owed 1000 Zuz; he had 2 houses, and sold each for
500 Zuz (to the same man).
1. The creditor took 1 house, and was about to take the
other. The buyer took 1000 Zuz cash and told him, if
1 house is worth 1000 to you, consider 1 house full
collection; if not, take 1000 Zuz.
(b) (Rami Bar Chama): This is as the case of our Mishnah - if
the orphans offer to accept the value of the property
above its true value (we do not heed them).
(c) Objection (Rava): That is different! There, there is a
loss (to the children of the mother with the small
Kesuvah); here, the creditor - he lent 1000, and receives
1000!
(d) Question (according to Rava, if the creditor accepted 1
house as payment): When we write a document saying that
the buyer's land was taken to pay the debt (and the
seller owes him for it), for how much do we write it?
(e) Answer #1 (Ravina): For 1000 Zuz.
(f) Answer #2 (Rav Avira): For 500 Zuz.
1. The law is, for 500 Zuz.
(g) A man owed 100 Zuz, and had 2 small plots of land. He
sold each for each for 50 Zuz (to the same man).
1. The creditor took 1 plot, and was about to take the
other. The buyer took 100 Zuz cash and told him, if
1 plot is worth 100 to you, consider 1 plot full
collection; if not, take 100 Zuz.
(h) (Rav Yosef): This is as the case of our Mishnah - if the
orphans offer to accept the value of the property above
its true value (we do not heed them).
(i) Objection (Abaye): That is different! There, there is a
loss (to the children of the mother with the small
Kesuvah); here, the creditor - he lent 100, and receives
100!
(j) Question (according to Abaye, if the creditor accepted 1
plot as payment): When we write a document saying that
the buyer's land was taken to pay the debt (and the
seller owes him for it), for how much do we write it?
(k) Answer #1 (Ravina): For 100 Zuz.
(l) Answer #2 (Rav Avira): For 50 Zuz.
1. The law is, for 50 Zuz.
(m) A man owed 100 Zuz, he died, and the only land he left
was a plot worth 50 Zuz. The creditor took it as partial
payment. The orphans gave him 50 Zuz (and took the land
back); the creditor took it again as final payment.
(n) (Abaye): It is a Mitzvah for orphans to pay the debt of
their father - the 50 Zuz they gave the creditor was a
Mitzvah; the creditor properly takes the land.
1. This only applies if the orphans did not say that
the 50 Zuz is the value of the land - if they said
that, they expel him from the land (and he cannot
collect any more, since the father didn't leave any
other land).
4) FOR WHAT DOES A PERSON ACCEPT RESPONSIBILITY?
(a) A man sold his mother's Kesuvah for Tovas ha'Na'ah (less
than the full value, since it might not be collected,
e.g. if she dies before her husband). He stipulated, he
will not give compensation if his mother protests. (A 2nd
explanation in Rashi says that after his father died, the
son sold land of his father which had been designated to
pay the Kesuvah - the sale would be valid as long as his
mother did not take the land.)
1. His mother died, without having protested; the son
protested the sale.
(b) (Rami Bar Chama): He is in place of his mother (and he
stipulated not to compensate if she protests).
(c) Objection (Rava): Granted, he did not accepted
responsibility for her protest, but for his own, he
certainly did!
(d) (Rami Bar Chama): Reuven sold a field to Shimon, without
responsibility (to compensate if the land is taken from
him); Shimon sold it back to Reuven, with responsibility.
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