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ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
daf@dafyomi.co.il, www.dafyomi.co.il
Rosh Kollel: Rabbi Mordecai Kornfeld
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KESUVOS PEREK 4 |  Next |
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(a) The Tana Kama rules that the Boshes, the P'gam and the K'nas of a Na'arah who has been enticed - goes to her father.
(b) When he adds 've'Tza'r bi'Tefusah' (See Tos. Yom-Tov), he means - that in the case of an Anusah, the Tza'ar goes to the father too.
(c) These rulings apply - even in the event that the father dies after Beis-Din have ruled that the man is Me'aneis/Mefateh is Chayav.
(d) If he dies before that - then they all go to her (See Tos. Yom-Tov).
(e) ... because before Beis-Din have issued a ruling, it is not Mamon to pass on to his children (See Tos. Yom-Tov).
(a) If in the above cases, instead of her father dying, she becomes a Bogeres- exactly the same set of Dinim apply.
(b) In a case where the father died (or she became a Bogeres) after Beis-Din have obligated the man to pay but before he has actually paid, Rebbi Shimon rules - then the payments belong to her.
(c) He learns it from the Pasuk in Ki Seitzei "Venasan ha'Ish ... la'Avi ha'Na'arah" - which implies that the money only belongs to the father once he receives it.
(d) The Halachah is - like the Tana Kama.
(a) Work that a daughter produces (or the wages that she earns) when she still lives with her father - belongs to her father.
(b) The Tana now rules that the work that she produced before her father died (or the wages ... ), if he subsequently died - goes to his heirs.
(c) When he says 'even though she has not claimed it' - he means even if she worked for someone who had not yet paid her by the time her father died.
(d) This makes no sense with regard to her findings. Consequently, the Tana inserts 'Metzi'asah' to teach us that - what she produces after her father's death, just like what she finds (See Tos. Yom-Tov), she retains (and her father's heirs cannot claim them [See Tos. Yom-Tov]).
(a) The Tana Kama rules that - whereas if a man betroths his daughter, who subsequently becomes divorced or widowed receives her Kesuvah, if he actually took her under the Chupah - he does not.
(b) This Tana clearly holds that - an Arusahis entitled to a Kesubah (See also Tos. Yom-Tov).
(c) When Rebbi Yehudah says 'ha'Rishonah shel Av', he means - that we go after the time the first Kesubah is written (i.e. before the wedding), in which case her father receives her Kesubah in the latter case too.
(a) The Chachamim's final comment is - 'Once he marries her off, he forfeits his right to her Kesubah ...
(b) ... because we go after the time the Kesubah is claimed, not after the time it is written.
(c) The Halachah is - like the Chachamim.
(a) The Mishnah discusses the daughter of a Giyores who converted (before the age of three- when she still has a Chezkas Besulah) together with her mother and who committed adultery after becoming betrothed.
(b) One would have expected her to receive - S'kilah (like a regular Na'arah ha'Me'urasah)
(c) In fact - she is subject to Chenek (like a married woman).
(d) We learn this from the word Pasuk in Ki Seitzei (in connection with a Na'arah Me'urasah) "be'Yisrael" (in the Pasuk in Ki Seitzei)... ki Nevalah As'sah be'Yisrael" - which is superfluous, and which therefore comes to preclude a Giyores from the Din of S'kilah.
(a) Based on the same source, the Mishnah presents two other issues where the young Giyores is different than a regular Jewess. One of them is that she is not subject to 'Pesach Beis Avihah' - meaning that she is not put to death at the entrance of her father's house ...
(b) ... the other - that she is not subject to the K'nas of a hundred Sela (of Motzi-Shem-Ra, if her husband accuses her falsely of adultery the morning after their wedding).
(c) From the word "va'Meisah" (in the Pasuk there "u'Sekaluhah ba'Avanim va'Meisah"), we learn - that if the same girl is born after her mother converted she is subject to S'kilah (even though she was conceived beforehand [See Tos. Yom-Tov]).
(d) The Din of 'Pesach Beis Av' and K'nas (Me'ah Selah) - remains the same as in the previous case ...
(e) ... since the D'rashah is confines to the Din of Misah.
(a) If the same girl was not only born after her mother converted but was also conceived then - she is a fully-fledged Jewess regarding all the above Dinim.
(b) Despite the fact that the Pasuk writes "Pesach Beis Avihah" (in connection with the S'kilah of a Na'arah ha'Me'urasah), a Na'arah ha'Me'urasah who commits adultery will receive S'kilah - even if she has no father or if there is no Pesach Beis ha'Av ...
(c) ... because the Torah only mentions it Lechatchilah.
(a) The three things listed by the Mishnah that a father acquires with regard to his daughter's Kidushin are - Kesef, Sh'tar and Bi'ah.
(b) He acquires them - whilst she is a Ketanah and a Na'arah, but not once she becomes a Bogeres.
(c) We learn 'Kesef' from the words "Ein Kasef" (in the Pasuk in Mishpatim [in connection with an Amah ha'Ivriyah] "Veyatz'ah Chinam Ein Kasef") - from which we extrapolate 'Ein Kesef le'Adon Zeh, Aval Yesh Kesef le'Adon Acher'.
(d) When the Tana says that the father acquires the rights with regard to ...
1. ... Sh'tar, he means - that he is entitled to acquire the Sh'tar Kidushin on her behalf (See also Tiferes Yisrael).
2. ... Bi'ah, he means - that he has the authority to hand her over to anybody body he chooses to betroth her with Bi'ah.
(e) We learn this from the word "Vehaysah" (in connection with Kidushin) - that Sh'tar and Bi'ah have the same Din as Kesef in this regard.
(a) A father acquires the rights to his daughter's findings - on the basis of a Takanas Chachamim, to avoid discord between a father and a daughter who is eating at his table.
(b) And we learn from ...
1. ... the Hekesh of "Bito" to "Amah" (in the Pasuk in Mishpatim "ve'Chi Yimkor Ish es Bito le'Amah") - that just as the work that an Amah Ivriyah produces belongs to her master, so too, does the work that a daughter produces belongs to her father (See Tos. Yom-Tov).
2. ... the Pasuk in Matos (in connection with Nedarim) "bi'Ne'urehah Beis Avihah" - that a father has the right to anul his daughter's Nedarim (See Tos. Yom-Tov).
3. ... the Hekesh (in connection with divorce) "ve'Yatz'ah ve'Haysah" - that a father has the right to receive his daughter's Get just as he has the right to accept her Sh'tar Kidushin.
(c) And when the Tana says that ...
1. ... the father does not eat the fruit during her life-time, he is referring to - he is referring to the fruit which grows on land that she inherited from her maternal grandfather (See Tos. Yom-Tov).
2. ... if she marries, her husband has an advantage over her father? Which advantage, he means - that he is permitted to do so (See Tos. Yom-Tov).
(a) The Mishnah adds three obligations that a husband is Chayav once he is married which a father is not: Mezonos, Purkanah (redeeming her in the event that she is captured) and Kevurah (See Tos. Yom-Tov).
(b) The Chachamim instituted the obligation to bury one's deceased wife - to balance the fact that he inherits her should she die.
(c) Rebbi Yehudah obligates a man (even if he the poorest in Yisrael) - to hire the minimum of two flautists and a female woman who sings dirges to mourn his deceased wife if that is his family custom.
(d) The Chachamim maintain - that he is not obligated to do so, unless it is her family custom, too (See Tos. Yom-Tov).
(a) The stage at which ...
1. ... a man become obligated to sustain his betrothed 'wife' is - when the date which they fixed for the wedding arrives.
2. ... a bas Yisrael who is marrying a Kohen is permitted to eat T'rumah is - after she has been handed over into his domain in order to go under the Chupah (See Tos. Yom-Tov).
(b) A girl whose father has handed her over to the Chasan's Sh'luchim - is in his domain (and is permitted to eat T'rumah [See Tos. Yom-Tov]).
(c) If her father or his Sh'luchim ...
1. ... accompanied his Sh'luchim to his house - she remains in her father's domain, whereas if they ...
2. ... met his Sh'luchim and handed her over to them - she is in the domain of her Chasan (See Tiferes Yisrael).
(a) The Mishnah rules - that a father is not obligated to sustain his daughters ...
(b) ... or his sons ...
(c) ... once they reach the age of six.
(d) If he has children who are below that age - Beis-Din force him to feed them (even if he is not well-off [See Tos. Yom-Tov]).
(a) Beis-Din force a father to sustain his children even if they above the age of six - if he is well-off.
(b) If he is not - Beis-Din curse him and tell him what a cruel man he is, words than the wild beasts in the jungle who feed their young.
(a) Rebbi Elazar ben Azaryah Darshened before the Chachamim in the 'vineyard' in Yavneh. The Mishnah refers to the Sanhedrin as 'a vineyard' - because, like the vines in a vineyard, the Chachamim sat in rows.
(b) The statement 'The sons inherit; the daughters are sustained' - is the wording of the T'na'ei Kesubah (the conditions of the Kesubah).
(c) The inheritance mentioned by the Tana - is the Kesubas 'B'nin Dichrin' (the rights of the sons of each of his wives to inherit their mother's Kesubah).
(d) Rebbi Elazar ben Azaryah learns - that just as the sons only inherit their mother's Kesubah after their father's death, so too, are the daughters' sustained only after their father's death.
(a) If a man who failed to write his wife a Kesubah divorces her or dies, assuming he married her when she was ...
1. ... a Besulah - she is entitled to claim her K'subah of two hundred Zuz, and if she was ...
2. ... an Almanah - one hundred Zuz.
(b) If he writes out a field worth one hundred Zuz for the Kesubah of a Besulah when he marries her, without stating that all his property is Meshubad to her - she is nevertheless entitled to claim the full two hundred Zuz fromhis property (See Tos. Yom-Tov).
(c) The reason for both of these rulings (and of the subsequent Mishnahs) is - because Kesubah is aT'nai Beis-Din (which is not subject to his conditions.
(a) A Yisrael inserts in his wife's Kesubah that if she is captured, he will redeem her and take her back. A Kohen writes - that he will also return to her father's house ...
(b) ... both of which he is obligated to do whether he specifically wrote it or not.
(c) Despite the fact that he is forced to divorce her - he is obligated to give her her Kesubah (See Tos. Yom-Tov).
(a) The Tana rules that if the husband hands his captured wife a Get and her Kesubah, instructing her to pay her own way out - we ignore his instructions and obligate him to fulfill his obligation.
(b) A husband is Chayav to pay for his wife's doctor's fees if she is sick - because it is included in Mezonos.
(c) Consequently, if he hands her a Get and her Kesubah, with instructions to pay the doctor's fees herself - he is Patur ...
(d) ... since a husband is not obligated to sustain his divorced wife (See Tos. Yom-Tov).
(a) K'subas B'nin Dichrin too, is a T'nai Kesubah, and applies even if the father failed to insert it in the Kesubah (See Tos. Yom-Tov). 'K'subas B'nin Dichrin' is - the right of the children that each man's wife bears him to inherit his mother's Kesubah over and above his share in his father's inheritance, in the event that his mother is no longer alive when his father dies.
(b) Despite the fact that all one's children are due to receive it, the ramifications of the Takanah are there where, either one wife's Kesubah differs from the other or where one has more children that the other.
(c) The children are entitled to claim 'K'subas B'nin Dichrin' - from Karka, but not from Metalt'lin.
(d) They can only claim it - if the father leaves at leaves one Dinar (as inheritance) over and above the total value of all the combined Kesuvos.
(a) A man's daughters are also subject to T'nai Kesubah- inasmuch as they are entitled to continue to live in their father's house after his death (See Tos. Yom-Tov) and to be sustained from his property (Tos. Yom-Tov) until ...
(b) ... either they become betrothed ...
(c) ... or they become Bogros.
(a) The Mishnah finally discusses the T'nai Beis-Din - in connection with the Mezonos to which his wife is entitled after his death.
(b) The men of Yerushalayim used to write 'as long as you are widowed'. The men of Yehudah used to add - 'until my heirs decide to pay you your Kesubah ...
(c) ... giving them the authority to pay her her K'subah at any time and to become exempt from sustaining her from their father's property.
(a) The men of Galil used to follow the practice of the men of Yerushalayim ...
(b) ... which is the Halachah.
(c) What gives a widow the authority - to sustain herself from her deceased husband's property and to continue living in his house (See Tos. Yom-Tov) as she did previously.
(d) Apart from marriage, claiming her Kesubah will cause a woman to lose them.
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