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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 104
1) THE DAY REBBI EXPIRED
(a) The day Rebbi expired, Chachamim had decreed a fast, and
were praying for him.
1. They said - whoever will say, 'Rebbi's soul rested'
will be stabbed.
(b) Rebbi's slave went on the roof. 'The higher beings want
Rebbi, and also the lower beings - it should be Hash-m's
will that the lower beings' request is done.'
1. When she saw how often Rebbi had to go to relieve
himself, and remove his Tefilin, and put them on
again, and his pain - she said, 'It should be
Hash-m's will that the higher beings' request is
done.'
i. Chachamim continued to pray that Rebbi live.
She took pottery and threw it to the ground.
Chachamim stopped praying, and Rebbi died.
(c) Chachamim told Bar Kapara to check how Rebbi was. He
found that he had died. He tore his clothes, and folded
them back so they would not appear torn.
1. Bar Kapara: Angels and Tzadikim grabbed the Holy Ark
- the angels overpowered, and took the Ark.
2. Chachamim: Rebbi died?!
3. Bar Kapara: You said it, not me.
(d) When Rebbi died, he stuck his 10 fingers towards Heaven.
'Hash-m, you know that I toiled with all 10 fingers in
Torah, and did not enjoy even as my small finger - it
should be your will that I will have Shalom in my eternal
rest.'
1. A voice from Heaven proclaimed, "He will come to
Shalom, they will rest on their beds".
2. Question: It should say, 'On your bed'!
3. Answer: This supports R. Chiya Bar Gamda.
i. (R. Chiya Bar Gamda): When a Tzadik leaves this
world, angels tell Hash-m; Hash-m commands the
Tzadikim to greet him - afterwards, they return
to their beds.
(e) (R. Elazar): When a Tzadik leaves this world, 3 groups of
angels greet him. One groups says, 'Come in Shalom'; one
group says, 'He goes straightly'; the 3rd says, "He will
come to Shalom, they will rest on their beds";
(f) When an evil person leaves this world, 3 groups of
damaging angels greet him. One groups says, "Hash-m said
to the wicked, there is no Shalom"; one says, "In sadness
you will lie down"; the 3rd says, "Descend and lie with
the uncircumcised".
2) HOW LONG MAY A WIDOW COLLECT HER KESUVAH?
(a) (Mishnah - R. Meir): The entire time a widow is in her
father's house, she may always collect her Kesuvah; if
she is in her (late) husband's house, she can collect
until 25 years, for in 25 years, she does favors (with
the orphans' money) equivalent to her Kesuvah;
(b) Chachamim say, the entire time she is in her husband's
house, she may always collect her Kesuvah; if she is in
her father's house, she can collect until 25 years;
1. If she died, her heirs mention her Kesuvah within 25
years.
(c) Question (Abaye): The poorest in Yisrael does favors
equal to her Kesuvah in 25 years, and also the richest?
(d) Answer (Rav Yosef): The cost of the favors she does is
proportional to her Kesuvah.
(e) Question: According to R. Meir, if she requests her
Kesuvah within 25 years, do we deduct proportionally for
the favors she has done?
1. This question is unresolved.
(f) Chachamim say, the entire time ...
(g) Question (Abaye): If she requests her Kesuvah before dark
(on the last day of the 25 years), she collects; if she
comes after dark, she does not collect?!
(h) Answer (Rav Yosef): All measures of Chachamim are that
way!
1. A person can immerse in 40 Sa'im of water - if a
tiny amount is lacking from this, his body will not
fit?!
(i) (Rav Yehudah): R. Yishmael b'Rebbi Yosi testified, the 25
year limit only applies if she does not have her Kesuvah
(the document) - but if she has her Kesuvah, she can
always collect;
(j) (R. Elazar): Even if she has her Kesuvah, she can only
collect until 25 years.
(k) Question (Rav Sheshes - Beraisa): A creditor collects
even though he never mentioned the debt.
1. Question: What is the case?
i. Suggestion: If he has no document - with what
does he collect?
2. Answer: Rather, he has a document - and only a
creditor collects without having mentioned the debt,
since he would not pardon the debt, but we would
assume that a widow pardoned the Kesuvah!
(l) Answer (Rav Sheshes): Really, the creditor has no
document - the case is, the borrower admits that he never
paid.
(m) Question: But R. Ilai taught a Beraisa - A divorcee is as
a creditor!
1. Question: What is the case?
i. Suggestion: If she does not have her Kesuvah -
with what does she collect?
2. Answer: Rather, she has her Kesuvah - and only a
divorcee collects, since she would not pardon the
Kesuvah, but we would assume that a widow pardoned
the Kesuvah!
(n) Answer: Here also, she does not have the Kesuvah - the
case is, the husband admits that he never paid.
(o) (Rav Nachman - Beraisa): If she demanded payment of the
Kesuvah, she gets another 25 years; if she has her
Kesuvah, she can always collect.
104b---------------------------------------104b
(p) Questions (Rav Nachman Bar Rav Chisda): Do the Tana'im
argue when she has the Kesuvah, or when she doesn't? As
whom is the law?
(q) Answer (Rav Nachman): They argue when she does not have
the Kesuvah; the law is as Chachamim.
(r) (Rav Dimi): The 25 year limit is only for the basic
Kesuvah (100 or 200) - but she may always collect any
addition to the Kesuvah.
(s) (R. Avahu): Even the addition may only be collected for
25 years.
1. (R. Aibo): Conditions of the Kesuvah are as the
Kesuvah.
(t) (R. Aba citing Rav Huna citing Rav): The 25 year limit is
only for the basic Kesuvah, but she may always collect
any addition to the Kesuvah.
1. R. Aba: Did Rav really say that?
2. Rav Huna: Do you dispute me, or commend me?
3. R. Aba: I dispute you.
3) OTHER CASES WHEN THE KESUVAH IS PARDONED
(a) The mother-in-law of R. Chiya Arichta married his
brother; the brother died, and she lived by her father.
He fed her there for 25 years; she demanded that he still
feed her.
1. R. Chiya Arichta: You are no longer entitled to
food.
2. The widow: Give me my Kesuvah.
3. R. Chiya Arichta: You are not entitled to food, nor
the Kesuvah.
(b) They came before Rabah Bar Shila.
1. R. Chiya Arichta: I fed her for 25 years - I swear,
I personally carried the food on my shoulder!
2. Rabah Bar Shila: The reason Chachamim say that she
may always collect in her husband's house is because
she is too embarrassed to demand the Kesuvah - the
same applies here - go pay her!
(c) R. Chiya Arichta did not comply; Rabah Bar Shila wrote an
Adrachta (a document authorizing her to collect from his
property). They came in front of Rava.
1. R. Chiya Arichta: Do you see how he judged me!
2. Rava: He judged you properly.
3. The widow: If so, he should return the fruit of the
property from the time the Adrachta was written.
4. Rava noticed that the Adrachta did not say 'It
became known to us that this property belonged to
the deceased'; he ruled that it was invalid.
5. The widow: At least give me fruits from the end of
the auction of the property until now.
6. Rava: You are only entitled to them if the Adrachta
had no mistake - here, it was an error, you do not
receive the fruits!
7. The widow: But you yourself hold that if
responsibility to compensate (if sold land is taken
by a creditor) is omitted from a document, we say
this was a mistake of the scribe, and we view the
document as if responsibility is written in it!
8. Rava: Here, we cannot say it is a scribe's oversight
- Rabah Bar Shila himself thought it makes no
difference which property of R. Chiya Arichta is
used to pay the Kesuvah (even though there was only
a lien on what he inherited from his brother).
i. This is a mistake - if she collects from
property on which there was no lien, she may
improve the property, and the property with the
lien may depreciate, and the heir will take
back his improved property, and give her the
depreciated property!
ii. This will cause people to look down on Beis Din
(for not protecting the widow).
***** PEREK SHNEI DAYANEI GEZEIROS *****
4) JUDGES THAT MADE DECREES
(a) (Mishnah): There were 2 judges in Yerushalayim that made
decrees, Admon and Chanan Ben Avishalom. Chanan said 2
laws; Admon, 7.
(b) A man went overseas; his wife is demanding food. Chanan
says, she swears when she collects the Kesuvah in the
end, not at the beginning; the sons of Kohanim Gedolim
said, she swears at the beginning and the end;
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