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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 96
KESUVOS 96 - Dedicated by Gerald (Gedalia) Ziering in honor of Rabbi
Elimelech Kohn, leader of the Daf Yomi shiur at Telshe Yeshiva Alumni of
Riverdale, NY.
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1) THE EARNINGS OF A WIDOW
(a) Answer: Shmuel taught, a widow keeps objects she finds.
1. This fits well if the text of the Mishnah is 'A
widow that is fed' (Shmuel speaks of a widow that is
not fed).
2. But if the text is 'A widow is fed' - the orphans
are as the husband, just as the husband receives
what she finds, so they should receive!
(b) Rejection: Really, the text can be 'A widow is fed'.
Chachamim enacted that a husband gets what his wife finds
to avoid animosity - by the orphans, we are not
concerned.
(c) (R. Yosi Bar Chanina): All labors which a wife does for
her husband, a widow does for the heirs, except for
mixing drinks, spreading the bed, and washing his hands,
feet and face.
(d) (R. Yehoshua Ben Levi): All labors which a slave does for
his master, a Talmid does for his Rebbi, except for
taking off his shoe.
1. (Rava): This only applies in a place where people do
not know that he is his Talmid - where people know
this, it is not a problem.
2. (Rav Ashi): Even in a place where people do not know
that he is his Talmid, it is only a problem if the
Talmid is not wearing Tefilin - but if he is wearing
Tefilin, it is not a problem.
(e) (R. Chiya Bar Avin): Anyone who prevents his Talmid from
serving him withholds from him Chesed - "To the one
(who?)withholds from his friend Chesed".
1. (Rav Nachman Bar Yitzchak): He takes the fear of
Heaven from him - "Fear of Hash-m he abandons".
2) A WIDOW'S RIGHT TO BE FED
(a) (R. Elazar): A widow that sezied Metaltelim to pay for
her food, she keeps them.
(b) (Rav Dimi): There was a case, R. Shabtai's
daughter-in-law seized a sack of coins, and Chachamim
could not take it from her.
(c) (Ravina): This only applies to food - but if she seized
to collect her Kesuvah, we take them from her.
(d) Question (Mar Bar Rav Ashi): Why do we take from her when
she seized for her Kesuvah - because a Kesuvah is
collected from land, not from Metaltelim!
1. Also food may only be collected from land, not
Metaltelim!
2. Rather - when she seizes for food, she keeps it -
also, when she seizes for her Kesuvah.
(e) (R. Yitzchak Bar Naftoli): Rava taught as Ravina.
(f) (R. Yochanan): A widow that did not claim food for 2 or 3
years, she lost rights to the food.
(g) Question: If she loses after 2 years, why say, after 3?
(h) Answer #1: A poor woman loses after 2, a rich woman,
after 3.
(i) Answer #2: An immodest woman loses after 2, a modest
woman, after 3.
(j) (Rava): She only loses past food, but she is entitled to
receive food in the future.
(k) Question (R. Yochanan): The orphans say, we gave her
food; she says, I did not receive - who must bring a
proof?
96b---------------------------------------96b
1. Do we consider the property to be in the possession
of the orphans, and the widow must bring a proof?
2. Or, do we consider the property to be in the
possession of the widow, and the orphans must bring
a proof?
(l) Answer: Levi taught, a widow, the entire time she did not
get married, the orphans must bring proof that she
collected; after she married, she must bring proof.
(m) (Rav Simi Bar Ashi): Tana'im argue in whose possession
the property stands.
1. (Beraisa - R. Yehudah): She sells and writes, this
was sold for food; this was sold for payment of the
Kesuvah; R. Yosi says, she does not specify for what
she sold - this gives her greater power of
collection.
2. Suggestion: R. Yehudah says that she must specify,
because he holds that the property stands by the
orphans, and the widow must bring proof; R. Yosi
says that she need not specify, since he holds that
the property stands by the widow, and the orphans
must bring proof.
3. Rejection #1: Perhaps both agree that the property
is by the widow, and the orphans must bring proof.
i. R. Yehudah merely counsels her, to say that
some property was sold for the Kesuvah, so
people will not think that she eats a large
amount.
4. Support: This must be correct - if not, why didn't
R. Yochanan settle his question from a Mishnah?!
i. (Mishnah): She may sell for food outside of
Beis Din, and she writes, this I sold for food.
ii. Rather, we must say, there is no proof from the
Mishnah, since it could be just a good counsel.
iii. Also, there is no proof from the Beraisa, since
it could be just a good counsel!
5. Rejection #2: Perhaps all hold that the property
stands by the orphans; R. Yosi holds as Abaye
Kashisha.
i. (Abaye Kashisha): A parable for R. Yosi - a
dying man said, 'Give 200 Zuz to Ploni my
creditor' - Ploni can take the money as his
debt, or as a gift.
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