ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Kesuvos 107
Questions
1)
(a) According to Rav, if a man travels overseas for an extended period of
time, Beis-Din will arrange for his wife to be fed from his property whilst
he is away. Shmuel (who disagrees on principle with Rav) points out that Rav
will agree with him for the initial three-month period after her husband's
departure - because a man who travels overseas does not tend to leave an
empty house.
(b) According to Rav Z'vid, Shmuel's reason for saying that they do not
arrange for her to receive Mezonos is because we are afraid that perhaps
'Tzoreri Atf'sah' - meaning that he may have left her bundles of money to
pay for her Mezonos.
(c) Rav Papa gives the reason of Shmuel as being - that he may have said to
her prior to his departure 'Tze'i Ma'aseh Yadayich bi'Mezonosayich' (with
her consent), thereby exempting himself from the need of feeding her.
(d) One of the differences between the two reasons is in the case of a
Gedolah who does not manage to produce enough to live on (where Rav Z'vid's
reason will apply but not Rav Papa's) - the other is in the case of a
Ketanah (whom a husband would not normally give 'Tzareri'), but who is
capable of producing enough to live on (in which case, Rav Papa's reason
will apply).
2)
(a) Shmuel concedes that if we heard that her husband died, Beis-Din will
arrange for her to receive Mezonos - because then, even if her husband left
her Tzareri, she will anyway have to swear that she does not have anything
of her husband's, when she comes to claim her Kesuvah; and as for Rav Papa's
suspicion, she is anyway no longer obligated to give the work of her hands
to her husband.
(b) Nor are we afraid that, seeing as she is now obligated to the Yesomim,
perhaps they will say to her 'Tz'i Ma'aseh Yadayich bi'Mezonosayich' -
because they can only say this with her consent, just as her husband could
have done when he was alive, but not against her will.
3)
(a) The B'nei Kohanim Gedolim argue with Chanan in our Mishnah as to whether
the woman whose husband went overseas needs to swear at the beginning. They
all agree however, that, on principle, she does receive Mezonos. According
to Shmuel, this speaks - when we heard (through one witness) that her
husband died.
(b) They repeat their Machlokes in a Beraisa, which concludes 've'Im Ba
ve'Amar Pasakti Lah Mezonos, Ne'eman'. What he is saying is - that he gave
her Tzareri, and he is only believed with a Shevu'ah.
(c) Shmuel will explain the Beraisa too - when one witness testified that he
had died, only it transpired later that the witness had erred and that he
was still alive.
4)
(a) Another Beraisa discusses the case of Beis-Din arranging Mezonos for a
woman whose husband went overseas. This arrangement however - does not
extend to children.
(b) Rav Sheishes tries to establish the Beraisa (according to Shmuel) when
her husband undertook to feed her through an agent (who subsequently
retracts). By explaining it this way - he gains the fact that, when he
retracts, there is no reason to suspect that her husband gave her Tzareri,
nor will he have said to her 'Tze'i Ma'aseh Yadayich bi'Mezonosayich'.
(c) We reject Rav Sheishes explanation - on the grounds that, if that is so,
why on earth should his children not receive Mezonos too?
(d) So Rav Papa establishes it when we heard that her husband died through
one witness. Consequently - the Almanah, who is permitted to marry on their
testimony, also receives Mezonos on their testimony; whereas the children,
who are not permitted to take possession of their father's property on the
basis of one witness, will not receive Mezonos because of him either.
5)
(a) When the Tana of the Beraisa stated earlier that the children are not
fed from the husband's property, he added 've'Lo Davar Acher'. According
to Rav Chisda, this refers to make-up and ornaments. According to Rav
Yosef - it refers to the Tzedakah that her husband would normally be
obligated to give alongside the other members of the community, when
Beis-Din assess how much each person is obligated to give.
(b)
1. Rav Chisda agrees with Rav Yosef - because if, as he maintains, the woman
does not receive ornaments, she certainly will not receive Tzedakah.
2. ... Rav Yosef does not agree with Rav Chisda though - because the husband
might not want his wife to give Tzedakah from his property, but he certainly
wants her to look respectable.
107b---------------------------------------107b
Questions
6)
(a) The Tana of a Beraisa states that, for the first three months, a Yevamah
is fed from her husband's property. After that - she does not receive
Mezonos at all, neither from her husband nor from the Yavam?
(b) She is fed from the Yavam's property - in the event that he runs away
after she demanded in Beis-Din that he either performs Yibum with her or
Chalitzah.
(c) If a woman returns from overseas with the news that her husband died -
she has the choice of either claiming her Kesuvah or Mezonos.
(d) Should she claim that her husband divorced her, she may only claim
Mezonos up to the amount of her Kesuvah - because a woman is not believed
(le'Kula) to say that her husband divorced her. Consequently, she may
continue to claim Mezonos up to the sum of her Kesuvah, which she is
entitled to, should she not be divorced, but no more than her Kesuvah
(because she is believed le'Chumra to lose her rights to Mezonos), which she
would be entitled to in any event.
7)
In the previous case, which Shmuel establishes when they heard that her
husband died - she may indeed claim her entire Kesuvah at once, should she
so wish. Only she probably prefers to claim now in the form of Mezonos, so
that, should her husband turn up, her entire Kesuvah will still be intact
(see Maharsha).
8)
(a) As long as a Mema'enes is living with her husband, she receives Mezonos.
What the Tana of the Beraisa says 'Mema'enes Ein Lah Mezonos' - he means
that in the event that she borrows money for the purpose of Mezonos and
then, when her husband returns, she makes Miyun, she cannot claim the money
back from her husband.
(b) Had she not made Miyun - she would have been entitled to reclaim the
money to pay her loan.
(c) Shmuel explain this Beraisa together with its inference - when she heard
that her husband had died, in which case she will be permitted to borrow at
her husband's expense (if there is no property from which to claim).
9)
(a) Rav Dimi cited an incident that occurred with Rebbi, who arranged for
the wife of a man who went overseas, to receive Mezonos from his property.
When he was faced with a similar case - Rebbi Yishmael declined to do so.
(b) Ravin inverted the opinions - Rebbi Yishmael permitted it, and Rebbi
forbade it.
(c) Rebbi Yishmael according to Rav Dimi, and Rebbi according to Ravin,
explain our Mishnah (where both the B'nei Kohanim Gedolim and Chanan agree
that a woman whose husband went overseas does receive Mezonos) - when they
heard that her husband had died.
(d) We finally rule like Rav - that she is in fact, entitled to Mezonos from
her husband's property.
10)
(a) We also issue two more rulings (even though they are not directly
connected with our Sugya). We rule like Rav Huna Amar Rav (regarding the
work that a woman produces), and like Rav Z'vid (regarding the possibility
of Kashering earthenware vessels). Rav Huna Amar Rav says that a woman who
wants to earn an independent income - is entitled to say to her husband
'Eini Nizones ve'Eini Osah'.
(b) Rav Z'vid permits earthenware vessels that have been covered with white
or black lead (according to Tosfos, they have been glazed), but not green -
because the latter contains alum, which instead of smoothening the
earthenware, makes it turn sharp, causing it to absorb even through the
lead.
(c) Besides Chametz on Pesach - used vessels obtained from Nochrim and
vessels that were used for non-Kasher wine, are affected by this ruling.
(d) Even white and black earthenware vessels will be forbidden however - if
there are cracks in the glazing.
11)
(a) According to Chanan in our Mishnah, if a man goes overseas and someone
voluntarily feeds his wife, he has lost his money. The B'nei Kohanim Gedolim
say - that he is entitled to swear how much he spent on the woman and
reclaim it from her husband.
(b) Rebbi Dosa ben Horkinus agreed with the B'nei Kohanim Gedolim. Raban
Yochanan ben Zakai maintained - that Chanan was right.
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