REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Kesuvos 78
KESUVOS 75-80 - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving
memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Mr Irving
Grunberger helped many people quietly in an unassuming manner and is sorely
missed by all who knew him. His Yahrzeit is 10 Sivan.
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***** ha'Ishah she'Naflu *****
1)
Beis Shamai and Beis Hillel agree that a betrothed woman is permitted to
sell or give away property that she inherited before she was betrothed
(Nechsei mi'Lug). According to Beis Shamai, the same applies to property
that she inherited after the betrothal. What do Beis Hillel say there ...
- ... Lechatchilah?
- ... Bedi'eved (if she did go ahead and sell)?
2)
(a) What does the Mishnah say about a woman who sold property that she
inherited after she married?
(b) Rebbi Yehudah quotes the Chachamim, who asked Raban Gamliel that, if the
Chasan acquires the woman, why should he not acquire the property? What
did Raban Gamliel reply?
(c) We just saw that, in the opinion of Raban Gamliel, if after she is
marriage, a woman sold property that she inherited beforehand, the sale is
valid. What did Rebbi Chanina ben Akavya ask him?
(d) What did Raban Gamliel reply?
3)
(a) What distinction does Rebbi Shimon make between a woman who sells
property of which her husband is aware, and property of which he is not?
(b) We initially contend that, in the Reisha, the woman is permitted to sell
property that she inherited *before* her betrothal, because she is not yet
in her husband's domain, whereas in the Seifa, she is not permitted to sell
property that she inherited *after* her betrothal, because has already
entered his domain. On what grounds do we reject this contention?
(c) How then, *do* we explain the difference between the Reisha and the
Seifa?
4)
(a) We ask whether Rebbi Yehudah (who quotes the Rabbanan as saying that if
a Chasan acquires the woman once they are betrothed, surely he should
acquire her property) is referring to Lechatchilah or Bedieved. What are
the two sides to the She'eilah?
(b) We resolve the She'eilah from Rebbi Yehudah in a Beraisa, where he is
more specific. What does he say there?
Answers to questions
78b---------------------------------------78b
5)
(a) According to Rebbi Chananya ben Akavya in a Beraisa, when the Rabbanan
asked Raban Gamliel why the sale of an Arusah should be valid, he did not
give the response that the Tana of our Mishnah quotes in his name ('we are
already embarrassed with the first ones ... '), because he had a better
answer. What response *did* he give them? Which three advantages does
Nisu'in have over Eirusin (in this regard)?
(b) In which case then, did Raban Gamliel give the response quoted by the
Tana of our Mishnah?
(c) How does Rav Z'vid reconcile Raban Gamliel in this latter case in the
Beraisa, where he says 'Mocheres ve'Nosenes ve'Kayam' (Lechatchilah), with
his words on our Mishnah, where, in the equivalent case, he says 'Im Machrah
ve'Nasnah, Kayam' (Bedieved)?
6)
(a) Rav Papa maintains that Raban Gamliel's opinion is actually a Machlokes
Tana'im: According to Rebbi Chananya ben Akavya in the Beraisa, Raban
Gamliel holds 'Mocheres ve'Nosenes ve'Kayam', whereas according to Rebbi
Yehudah in our Mishnah, he holds 'Im Machrah ve'Nasnah, Kayam'. Does this
mean that Rebbi Chananya ben Akavya follows the opinion of Beis Shamai (in
the Reisha of our Mishnah)?
(b) But the opinion of Rebbi Chananya ben Akavya is quoted in our Mishnah.
Does that not imply that he agrees with Rebbi Yehudah's interpretation of
Raban Gamliel's opinion?
(c) Rav and Shmuel both agree that even if a married woman sold the Nechsei
mi'Lug which she inherited before or after the betrothal, her husband can
reclaim it from the buyers. What is the problem with this ruling (see
Tosfos DH 'Lo')?
(d) So how do we establish Rav and Shmuel?
7)
(a) Rebbi Yossi b'Rebbi Chanina cites Takanas Usha. What is Takanas Usha?
(b) We do not know for sure whether or not, Takanas Usha is mentioned in the
Mishnah (or whether it is cited for the first time by the Amora, Rebbi Yossi
b'Rebbi Chanina). Why is there no proof for Takanas Usha from our Mishnah,
which explicitly states that if a married woman sold the Nechsei mi'Lug that
she received after her betrothal, her husband can reclaim it from the
buyers.
8)
(a) We learned in our Mishnah that Rebbi Shimon differentiates between
property which the husband knows about and property which he does not. Rebbi
Yossi b'Rebbi Chanina classifies the former as Karka, and the latter, as
Metaltelin. What is the reason for this distinction?
(b) Rebbi Yochanan considers both of these to be 'known' property. What
then, does Rebbi Shimon call property that the husband does not know about?
Answers to questions
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