POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 108
1) GIVING FOOD TO A WIFE WHOSE HUSBAND IS AWAY
(a) (Gemara - Mishnah): If a vow forbids Reuven from
benefiting Shimon - Reuven may give the half-Shekel for
Shimon; he may pay Shimon's debt; he may return an object
Shimon lost;
1. In a place where one receives money for returning a
lost object, this amount is given to Hekdesh.
(b) We understand, he may give his half-Shekel - this is a
Mitzvah!
1. (Mishnah): When half-Shekels are taken (from the
chamber) for buying sacrifices, they have in mind
people whose half-Shekels were lost, collected, or
will be collected.
(c) We also understand, he returns his lost object - this is
also a Mitzvah.
(d) Question: Why is he allowed to pay his debt - this saves
him money!
(e) Answer #1 (R. Oshiya): This Mishnah is as Chanan, who
says (that one who feeds his friend's wife) threw away
his money (here also, there is no need to repay one who
pays his debt).
(f) Answer #2 (Rava): The Mishnah can even be as Chachamim -
the case is, the loan was on condition that the lender
could not demand payment.
1. We understand, Rava did not answer as R. Oshiya - he
prefers to establish the Mishnah even as Chachamim.
2. Question: Why didn't R. Oshiya answer as Rava?
3. Answer #1: Granted, repaying such a loan is not like
giving him money - but he does spare him shame.
108b---------------------------------------108b
4. Answer #2: Also in Rava's case, he benefits him - he
spares him shame.
2) WHEN GIRLS ARE FED BEFORE BOYS
(a) (Mishnah): Admon said 7 laws. The 1st is: A man died
leaving sons and daughters - if the estate is great, the
sons inherit and the daughters are fed; if the estate is
small, the daughters are fed and the sons beg for their
food;
(b) Admon: Because I am a male, I lose?!
1. R. Gamliel: I agree with Admon.
(c) (Gemara) Question: What is Admon's astonishment?
(d) Answer #1 (Abaye): Because I am a male, and fitting to
learn Torah, I lose?!
1. Objection (Rava): One who engages in Torah inherits,
one who does not engage in Torah should not
inherit?!
(e) Answer #2 (Rava): Rather: Because I am a male, and fit to
inherit when there is much property - I lose when there
is sparse property?!
3) A PARTIAL ADMISSION
(a) (Mishnah): Reuven claims that Shimon owes him barrels of
oil; Shimon admits that he owes barrels - Admon says,
since he admits to part of the claim, he must swear;
(b) Chachamim say, the admission is not from the species he
claimed.
1. R. Gamliel: I agree with Admon.
(c) (Gemara): From Chachamim, we learn that if Reuven claims
wheat and barley, and Shimon admits that he owes barley,
he need not swear that he does not owe wheat.
(d) Question: This refutes Rav Nachman!
1. (Rav Nachman): If Reuven claims wheat and barley,
and Shimon admits to one of them, he must swear.
(e) Answer #1 (Rav Yehudah): No, in our Mishnah he claimed a
measure of oil, not barrels.
1. Rejection: If so, why do Chachamim say he must
swear?
(f) Answer #2 (Rava): All agree, if Reuven said, I have the
volume of 10 barrels of oil in your pit, he only claims
oil, not barrels;
1. If he said, I have 10 barrels full of oil by you, he
claims oil and barrels;
2. They argue when he said, I have 10 barrels of oil by
you.
i. Admon says, this language includes the barrels;
Chachamim say, it does not.
(g) Question: If Chachamim would agree that the language
includes the barrels, they would admit that he must swear
- this refutes R. Chiya Bar Aba!
1. (R. Chiya Bar Aba): If Reuven claims wheat and
barley, and Shimon admits to one of them, he need
not swear.
(h) Answer #1 (Rav Simi Bar Ashi): Claiming barrels and oil
is like claiming a pomegranate and its peel (i.e. they
are as 1 species).
1. Rejection (Ravina): A pomegranate cannot last at all
without its peel - but oil can last without barrels!
2. Answer #2 (Ravina): The case is, he said, 'I have 10
barrels of oil by you'; Shimon denied having any of
his oil, but admitted to having 5 barrels.
i. Admon says, this language (10 barrels of oil)
includes the barrels - once Shimon must swear
about the barrels, he must also swear about the
oil.
ii. Chachamim say, the language does not include
the barrels; Shimon totally denied the claim,
and need not swear.
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