POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
KESUVOS 91 - Dedicated in memory of Irene Edelstein, by Josh R. Danziger of Cliffside Park, New Jersey.
1) WHEN THE HUSBAND DIED IN THE MIDDLE (cont.)
(a) Explanation #1: They argue about whether the extra Dinar
must be land, or if it can even be Metaltelim.
1. The first Tana holds that it must be land. R. Shimon
holds that it can even be Metaltelim.
(b) Rejection (the coming Mishnah - R. Shimon): Even if there
is extra Metaltelim, the enactment applies only if there
is an extra Dinar of land.
(c) Explanation #2: They argue about whether or not the extra
Dinar may be sold land, or if it must be Bnei Chorin.
1. The first Tana requires Bnei Chorin. R. Shimon
allows sold land.
(d) Objection: If so, why does R. Shimon say 'if there is
an extra Dinar...'? He should say 'because there is an
(e) Explanation #3: They argue about whether a full extra
Dinar is required, or if even less than a Dinar suffices.
1. The first Tana requires a full Dinar; R. Shimon
allows even less than a Dinar.
(f) Objection: R. Shimon says that there must be an extra
Dinar! (This connotes a full Dinar.)
(g) Suggestion: Perhaps we misunderstood the Beraisa. Really,
the first Tana says that the enactment applies (even with
less than a Dinar), and R. Shimon says that it applies
only when there is a (full) extra Dinar!
1. (Rashi - the first Tana means, (even) this (i.e. the
first) woman's sons collect her Kesuvah after her
death (due to Kesuvas Benin Dichrin), even without
an extra Dinar. Tosfos - the first Tana said that
there is no enactment when there is no excess. When
there is any excess, it applies.)
(h) Rejection: In the coming Mishnah, R. Shimon and the
Chachamim who argue with him agree that a Dinar is
(i) Defense of Explanations #1 and #2: We switch our
understanding of the Beraisa. The first Tana says that
the enactment applies even if the extra Dinar is
Metaltelim, or (in Explanation #2) sold land. R. Shimon
says that it applies only if the extra Dinar is of land
(in Explanation #1 it must be Bnei Chorin).
(j) (Mar Zutra): The Halachah is, Kesuvas Benin Dichrin
applies when the husband dies in the middle. The Halachah
is, a Kesuvah is considered like an extra Dinar.
(k) Question: We understand why it was not enough to say only
that Kesuvas Benin Dichrin applies when he dies in the
middle, for we might have thought that a Kesuvah is not
considered like an extra Dinar;
1. Why didn't he just say that a Kesuvah is considered
like an extra Dinar? We could deduce that Kesuvas
Benin Dichrin applies when he dies in the middle!
(l) Answer: One might have thought that the case is that he
married three women, two of whom died before him and the
third died after him, and she left only a daughter (and
the collection of her Kesuvah counts as an extra Dinar);
1. However, if a woman who left sons died after him
there is no enactment, lest there be quarrels! Mar
Zutra teaches that this is not so.
2) WHEN DOES THE ENACTMENT APPLY?
(a) (Mishnah): If a man married two women and died after
them, and the orphans demand the Kesuvah of their mother
and there is enough only to pay the Kesuvos, the heirs
split the estate equally;
(b) If there is a Dinar more than the Kesuvos, the sons of
each mother receive their mother's Kesuvah. If orphans
(of one mother) request to accept property at an inflated
price, in order that the estate will be considered to
have an extra Dinar, we do not accede. Rather, Beis Din
evaluates the property.
(c) Property that was destined to fall to the father is not
part of the calculation;
(d) R. Shimon says, even if there is extra Metaltelim, it
means nothing. We require an extra Dinar of land.
(e) (Gemara - Beraisa): If the Kesuvos are 1000 and 500, if
there is an extra Dinar, each woman's sons receive their
mother's Kesuvah. If not, they split the property
(f) Obviously, if there was an extra Dinar when he died, but
the property depreciated (and when it is appraised, there
is not an extra Dinar), the orphans (whose mother had the
larger Kesuvah) already merited. (The enactment applies.)
(g) Question: If there was not an extra Dinar when he died,
but the property went up in value, does the enactment
(h) Answer: Such a case came before Rav Amram. He told the
sons (whose mother had the small Kesuvah) to appease the
sons of the other mother; if not, he will excommunicate
1. They came before Rav Nachman. He said that just like
when there was an extra Dinar and the property
depreciated, the orphans already merited, so too
when there was not an extra Dinar and the property
rose in value (Rashi - the sons whose mother had the
small Kesuvah merited that the enactment does not
apply. Tosfos - the sons whose mother had the large
Kesuvah merited that the enactment applies.)
3) COLLECTION OF DEBTS
(a) A man owed 1000 Zuz. He had two mansions, and sold each
for 500 Zuz (to the same man).
(b) The creditor took one mansion, and was about to take the
other. The buyer took 1000 Zuz cash and said 'if one
mansion is worth 1000 to you, consider one mansion full
collection. If not, take 1000 Zuz.'
(c) (Rami bar Chama): This is like our Mishnah. If the
orphans offer to accept the value of the property above
its true value (we do not heed them).
(d) Objection (Rava): No. There, there is a loss (to the
children of the mother with the small Kesuvah). Here, the
creditor lent 1000 and receives 1000!
(e) Question: (According to Rava, if the creditor accepted
one mansion as payment,) when we write a document saying
that the buyer's land was taken to pay the debt (and the
seller owes him for it), for how much do we write it?
(f) Answer #1 (Ravina): We write for 1000 Zuz.
(g) Answer #2 (Rav Avira): We write for 500 Zuz.
(h) The Halachah is, we write for 500 Zuz.
(i) A man owed 100 Zuz, and had two small plots of land. He
sold each for 50 Zuz (to the same man).
(j) The creditor took one plot, and was about to take the
other. The buyer took 100 Zuz cash and told him, if one
plot is worth 100 to you, consider one plot full
collection; if not, take 100 Zuz.
(k) (Rav Yosef): This is like our Mishnah. If the orphans
offer to accept the value of the property above its true
value (we do not heed them).
(l) Objection (Abaye): No. There, there is a loss (to the
children of the mother with the small Kesuvah). Here, the
creditor lent 100 and receives 100!
(m) Question: (According to Abaye, if the creditor accepted
one plot as payment,) when we write a document saying
that the buyer's land was taken to pay the debt, for how
much do we write it?
(n) Answer #1 (Ravina): We write for 100 Zuz.
(o) Answer #2 (Rav Avira): We write for 50 Zuz.
(p) The Halachah is, we write for 50 Zuz.
(q) A man owed 100 Zuz. He died, and the only land he left
was a plot worth 50 Zuz. The creditor took it as partial
payment. The orphans gave him 50 Zuz (and took the land
back); the creditor took it again for final payment.
(r) (Abaye): It is a Mitzvah for orphans to pay the debt of
their father. The 50 Zuz they gave the creditor was
l'Shem Mitzvah. The creditor was entitled to take the
1. This is only if the orphans did not say that the 50
Zuz is the value of the land. If they said this,
they expel him from the land (and he cannot collect
any more, since the father didn't leave any other
4) FOR WHAT DOES A PERSON ACCEPT RESPONSIBILITY?
(a) Levi sold his mother's Kesuvah for Tovas Hana'ah (a small
amount, since the buyer does not get anything until she
is widowed or divorced, and gets nothing if she dies
before her husband or if Levi dies before her). Levi
stipulated that he will not give compensation if his
mother protests. (A second explanation in Rashi says that
after his father died, Levi sold land of his father that
had been designated to pay the Kesuvah, for Tovas
Hana'ah. The sale would be valid as long as his mother
did not take the land.)
1. His mother never protested, and she died (after her
husband). The son protested (the buyer should not
(b) (Rami bar Chama): He is in place of his mother (and he
stipulated not to compensate if she protests).
(c) Objection (Rava): Granted, he did not accept Acharayos
(responsibility to compensate) for her protest, but for
his own, he certainly did!
Index to Outlines for Maseches Kesuvos