REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


Previous Daf
KESUVOS 101

Ask A
Question

SUMMARY

A Ketanah who receives a Get must wait three month before remarrying. (1)
 
A Mema'enes is permitted to the husband's relatives and to a Kohen, but if she is given a Get she becomes Pesulah to his relatives and to a Kohen.
 
Rebbi Eliezer: The husband of a Ketanah does not receive her handiwork or Metzi'os, he may not annul her Neder, and he does not inherit her.
 
Rebbi Yehoshua: The husband of a Ketanah receives her handiwork and all of the other benefits.
 
A Mema'enes and an Ailonis receive the worn- out clothing that she brought into the marriage if it still exists when the marriage is dissolved, whether it is Nichsei Tzon Barzel or Nichsei Melug. (2)
 
A Mema'enes does not receive payment for the worn-out clothing that no longer exist, but an Ailonis receives payment for the clothing of Nichsei Melug. (3)
 
A Sheniyah receives payment for the worn-out clothing of Nichsei Tzon Barzel, but not for that of Nichsei Melug. (4)
 
The Amora'im disagree about whether wearing a garment of Nichsei Melug is regarded as using the fruit or the principal.
 
A Mema'enes, Sheniyah, and Ailonis receive the Tosefes Keusvah but not the principal Kesuvah. (5)
 
An Overes Al Da'as (a rebellious wife who acts promiscuously) receives neither the Kesuvah nor the Tosefes Kesuvah.
 
The Chachamim rule that if a wife is being divorced because she was Mezanah, she has the right to take the worn- out clothing of Nichsei Melug.
 
If the husband was aware that his wife was an Ailonis, she receives the Kesuvah.
 
If the Kohen Gadol was unaware that his wife was a widow, she does not receive the Kesuvah.
 
If a husband guaranteed his wife that he would feed her daughter for five years, he is obligated to fulfill his commitment even after he divorces his wife and she marries someone else. (6)
 
If the second husband made the same guarantee, one of them feeds the daughter, and the other one provides the money that the food costs.
 
If the daughter marries within the five years, they must provide her with money that the food costs, and her husband feeds her.
 
If a person admits to a Chov, he is Chayav only if he says, "You are my witnesses that I am Chayav."
 
The Amora'im disagree about whether a person is Chayav to pay if he writes in a Shtar that he owes money.

A BIT MORE

1. Even though the reason for the requirement to wait three month is the possibility that is pregnant from her first husband, and this reason certainly does not apply to a Ketanah, the Chachamim did not differentiate in their Takanah between a Ketanah and a Gedolah.
 
2. Nichsei Tzon Barzel is the dowry that she brought into the marriage and the husband guarantees them in the Kesuvah. Nichsei Melug is the property that she brought in to the marriage that was not written in the Kesuvah. The wife retains ownership of the property, but the husband has the right to its fruit.
 
3. A Mema'enes does not receive payment for the clothing since she exited the marriage on her own accord. However, an Ailonis does receive payment for the clothing of Nichsei Melug which her husband wore out, because he had no right to wear out the clothing, as he was entitled only to eat the fruit of the Nichsei Melug but not the principal. However, he does have the right to wear the clothing of Nichsei Tzon Barzel since he guaranteed them in the Kesuvah. Since the marriage of an Ailonis is a Mekach Ta'us and she does not receive a Kesuvah, she also does not receive payment for the worn-out Tzon Barzel.
 
4. It really should be the opposite: the clothing of Nichsei Melug should be paid to the wife because the husband had no right to wear them out, while the clothing of Nichsei Tzon Barzel should not be paid back because the husband had the right to wear them out. However, the Chachamim penalized both the husband and the wife, and therefore both of them lose what should be theirs.
 
5. The Tosefes Kesuvah is considered a gift for the Chibas Bi'ah. Therefore, even though they do not receive a Kesuvah, they do receive the Tosefes Kesuvah.
 
6. If the husband dies, the daughters that they had together receive Mezonos only from Bnei Chorin, while the daughter that was guaranteed five years of food receives the food even from Meshubadim, because she has the status of a Ba'al Chov.

BRIEF INSIGHT

OBLIGATING ONESELF WITH A SHTAR
 
Rebbi Yochanan rules that if a person writes in a Shtar that he owes money to someone, he is Chayav. Rabeinu Tzirfat says that even if both parties admit that he has no monetary obligation, he still is obligated to pay the amount written in the Shtar, because the Shtar itself obligates him.

QUICK HALACHAH

MARRYING A KETANAH
 
A man who marries a Ketanah receives her handiwork and her Metzi'ah, and he is obligated to feed her and to ransom her as long as she remains with him. However, if he went overseas and she borrowed money for food or for her ransom and she subsequently did Mi'un, he is not obligated to pay back her debt. (Shulchan Aruch EH 155:10)

Next Daf

Index to Revach for Maseches Kesuvos


MAIN KESUVOS PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links