OUTLINES OF HALACHOS FROM THE DAF
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) FROM WHAT DO WE COLLECT PARNASAH?
Other Halachos relevant to this Daf:
1. 66b: Rav Nechemyah brei d'Rav Yosef instructed Rabah
bar Rav Huna to authorize a certain girl to collect
a tenth of her father's estate (for her dowry), even
from the frame around a millstone. (It is considered
2. (Rav Ashi): In Rav Kahana's academy, we collected
even from rental of houses.
3. Kesuvos 50b (R. Chiya bar Yosef): Rav was Zan from
4. Possibility #1: 'Zan' refers to Parnasah (dowry).
'Aliyah' refers to the estimation of how much the
father would have given, like Shmuel;
i. (Shmuel): We assess the father's generosity to
determine how much Parnasah to give to his
daughters (from his estate after he died).
5. Possibility #2: 'Zan' literally means fed. 'Aliyah'
refers to nice teachings said in the attic:
i. (R. Yitzchak bar Yosef): In the attic, they
enacted that daughters be fed (also) from
6. 69b (Rava): The Halachah is, food for a widow and
daughters, a Kesuvah, and Parnasah are collected
only from land, but not from Metaltelim:
1. Rif and Rosh (Kesuvos 30b and 6:19): The Halachah
is, Kesuvah, food and Parnasah are taken only from
land, but not from Metaltelim. Nowadays, Chachamim
of the Yeshivos enacted to collect the Kesuvah even
from Metaltelim, so also food is collected from
Metaltelim, for we hold that Tanai (stipulations of
the) Kesuvah are like the Kesuvah. Parnasah is not a
Tanai Kesuvah, so its initial law remains (it is
collected only from land).
i. Ran (DH Bas): When we assess the father's
intent, it is based on his land and Metaltelim.
Even when we do not assess, we give a tenth of
all property, including Metaltelim. There is no
reason to give a tenth only of land, but to
allow paying with money or land. Rather, the
orphans owe a tenth of all his property, but
they pay only from land. Why does the Rambam
say that it is a tenth only of the land?!
2. Rosh: Rebbi taught that we collect food from
Metaltelim, and all the more so we collect Parnasah
from Metaltelim. That is letter of the law. Nowadays
we collect from Metaltelim only due to an enactment.
This is only for what was enacted. However, if a man
married off a daughter in his lifetime and gave to
her Metaltelim, we assess his intent and give to
other girls from Metaltelim. 'Parnasah is collected
only from land' does not mean that she gets only a
tenth of the land. Rather, she gets a tenth of all
the property. One normally gives a dowry according
to (all) his wealth, i.e. land and Metaltelim. The
debt is paid only from land, like the Kesuvah and
i. Tiferes Shmuel (2): I say that since Chachamim
enacted the Shi'ur (of a tenth), even though it
is not Tanai Kesuvah, and we see that Chachamim
were stringent to collect it from sold
property, without concern for buyers, all the
more so Ge'onim enacted to collect from
Metaltelim also for Parnasah, without concern
for heirs. Tosfos (51a DH mi'Mekarka'i) says
3. Rambam (Hilchos Ishus 20:2): The tenth for a dowry
is not a Tanai Kesuvah, so even after the
Acharonim's enactment, it is collected only from
i. Magid Mishneh: It is a tenth only of the land.
For Parnasah, we ignore Metaltelim. This is
clear from Halachah 12. The Ramban and Rashba
hold that when we assess the father's intent,
it is based on his land and Metaltelim. This is
like Rav in Kesuvos 50b. It seems that the
Rambam agrees, for he distinguishes land from
Metaltelim only regarding a tenth.
4. Rambam (ibid): It can be collected from rental of
land. If the brothers wanted to give to her money in
place of a tenth of the land, they may.
i. Magid Mishneh: The Rashba says that presumably,
we collect from rental of land when the father
rented it out and died before the rental was
due. Since rental is due only at the end, it is
like land, like the house itself. The father
already acquired rental for the time that the
tenant lived there, just it is not due until
the end. This is why it says even rental.
ii. Rambam (12): If an orphan girl's mother or
brothers married her off and gave to her 100
Zuz, when she matures they must pay proper
Parnasah, either our estimate of her father's
intent, or a tenth of the land.
iii. Nimukei Yosef (Bava Basra 35b DH Garsinan):
Rental is like land when the father rented out
land and died before it was due at the end of
the year. It is like Peros that must remain
attached to the land a while longer. If the
heirs rented it out after the father died, this
is Ra'uy (destined to be collected). Kesuvah
and Parnasah are not collected from Ra'uy. If
the father rented out land and payment was due
before he died, this is like Metaltelim!
iv. Tosfos (50b DH Mai): We estimate to give less
than a tenth, but not more. Our estimate can
help the girl only to collect from Metaltelim.
1. Shulchan Aruch (EH 113:2): Parnasah is not a Tanai
i. Chelkas Mechokek (1 and Beis Shmuel 5):
Therefore, if a woman pardoned her Kesuvah, her
daughter did not lose Parnasah, even according
to the Rambam, who says that she lost food.
Also, a man can command not to give it, for it
is not his obligation. It is his sons'
obligation, provided that their father was
2. Shulchan Aruch (ibid): Therefore, even after the
enactment of Rishonim and Acharonim, it is collected
only from land.
i. Beis Yosef (DH u'Mah she'Chosav b'Shem): Sefer
ha'Terumos and Tosfos (51a DH mi'Mekarka'i) say
that nowadays even Parnasah is collected from
Metaltelim. We can testify that a man wants to
marry off his daughter from Metaltelim. This is
like when we know a man's nature. Rava says
that the Halachah follows R. Yehudah then (that
we give based on our estimation). The Rif and
Rambam say that Parnasah is only from land, but
perhaps they merely gave the law according to
3. Shulchan Aruch (ibid): It can be collected even from
rental of land (Rema - if the orphans did not yet
collect it) and from what is Ra'uy.
ii. Rebuttal (Darchei Moshe 6): Since the Rif and
Rambam did not distinguish like they
distinguished other Tanai Kesuvah, this shows
that they hold that it is not collected from
Metaltelim even nowadays.
iii. Chelkas Mechokek (7): They did not enact for
Parnasah, therefore, there is no lien on the
orphans' Metaltelim. The girls collect only
from land, even though they are like creditors
of the boys.
i. Chelkas Mechokek (8): Obviously, it is
collected from rental after the father died,
for once he died there was a lien on all his
land. Rather, even what was owed (for the time
the tenant lived there, if payment was not due
yet) is like Peros still need the land, which
are like land. If the time (for payment) passed
in the father's lifetime, the rent owed is not
like land. The Rema means that it was not
suitable to be collected yet.
4. Shulchan Aruch (ibid): If the brothers wanted to
give to her money in place of a tenth of the land,
ii. Beis Shmuel (8): Once payment was due, the owed
rental is Metaltelim. The Rema means that if
they collected for the first part of the year,
even though it was not due until the end, still
it becomes Metaltelim. The Nimukei Yosef says
that girls do not collect from what they rented
out after he died, for it is Ra'uy. The Rosh
and Mordechai say that they collect from Ra'uy.
The Mordechai says that a creditor collects
from Ra'uy. Chachamim were lenient about
Kesuvah and food, but not for Parnasah. The
Rosh holds that a creditor does not collect
from Ra'uy. Parnasah is different, for the
brothers owe her and they are alive. Maharam
Lublin (15) says that the Rosh holds that a
creditor collects from Ra'uy. This is
iii. Chelkas Mechokek (9): If the father owed to
her, she would not collect from Ra'uy, e.g.
property that was later inherited from her
father's father. Rather, her brothers owe her,
therefore she collects from it. However, she
gets only a tenth of what her father had when
5. Rema: It is collected only from land, but when
assessing the property to calculate a tenth, we
assess also Metaltelim and collect a tenth from
land. This is only when we give to her a tenth. When
we assess the father's intent, we give according to
our estimation from Metaltelim and from land. Some
say that even when we assess his intent, we give
only from land.
i. Gra (12): Kesuvos 50b shows that Metaltelim
affect the amount given only when we assess the
father's intent. One could say that Rava argues
with Shmuel, but there no source for this
CAN ONE CHAZAKAH ACQUIRE MULTIPLE FIELDS? (Bava Kama 12)
Index to Halachah Outlines for Maseches Bava Basra