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|KESUVOS 109 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David Shpira) and aunt (Charne bas Yakov Mordechai, the wife of Reb Moshe Aryeh Cohen zt'l). Their Yahrzeit is observed on 4 Sivan.|
12th CYCLE DEDICATION
KESUVOS 106-110 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.
Chachamim: If the Chasan was promised a dowry and the offer was retracted, the Chasan may delay the marriage indefinitely. Admon: The Chasan must either marry her or give her a Get, because it is not her fault that her father rescinded the offer.
Rebbi Yosi b'Rebbi Yehudah: The Chachamim agree with Admon in a case where the father promised to give the money. (1)
If a Ketanah promised money for the dowry and is unable to pay, everyone agrees that the Chasan must either marry her or give her a Get.
Anytime Raban Gamliel says that he "sees the words of Admon," the Halachah follows Admon's view.
Chachamim: If a person signed a purchase document as a witness to a sale of property, and subsequently he claims that the property which the seller sold was actually stolen from him, it is not a valid claim. Once the person signed the document, he cannot subsequently make a claim on the field. Admon: The person may claim that the seller of the field stole the field from him. (2)
If a person signed a document that states that a certain field is a boundary for the field that was sold, he cannot claim that the field was stolen from him. (3)
If a judge ratifies the signatures on a purchase document, he may subsequently make a claim that the field which was sold was stolen from him. (4)
Witnesses may not sign on a Shtar without reading it. Judges, however, may ratify the signatures on a Shtar without reading the Shtar.
If a purchase document states that a certain field is a boundary for the purchased field, the buyer may claim that the field that is used as a boundary was stolen from him. (5)
If a person signed a document that used a certain field as a boundary for the field that was sold, he may claim that the field was stolen from him and his signature is only an admission to one row on the edge of the field. (6)
If one had a path through a field and it is no longer known where the path is, if all four surrounding fields belong to the same person he has the right to the shortest path through the field.
If the four surrounding fields belong to four different people, he has lost his right to his path. (7)
Admon: If one person bought all four surrounding fields from four different people, he has a right to the shortest path through the fields. (8)
Chachamim: If one person bought the four surrounding fields, the buyer may say, "If you do not purchase a path at a discount price, I will return the fields to the original owners." (9)
If a person bequeathed a tree to his daughter, the orphans must give her a tree even if they already divided the property.
If a person bequeathed a tree to his daughter, the orphans may give her two halves of a tree.
A BIT MORE
1. If the father promised to give the money, everyone agrees that the Chasan must either marry her or give her a Get, because it is not her fault that her father rescinded the offer. In a case where the daughter promised the money for the dowry, the Chachamim maintain that the Chasan may delay the marriage indefinitely until she gives him the money. Admon maintains that the Kalah may say, "I thought that my father would give me the money. Now that he did not give me the money, you have to either marry me or give me a Get."
2. The person's signature on the purchase document is no proof that the field was not stolen from him, because he may say, "[After the one selling the field stole it from me,] I preferred that the field be sold because it is easier for me to claim the field from the buyer than it to claim it from the seller."
3. The seller wrote in the Shtar that a certain field which belongs to him is the boundary on one side for the field that is being sold. A person who signed as a witness on the document may not claim that the field was stolen from him, even according to Admon, because if it was stolen from him he should not have signed the Shtar.
4. A judge may ratify the signatures on a Shtar without reading the Shtar. Accordingly, he may well have been unaware that it was his field that was being sold.
5. Even though it states on the purchase document that the field belongs to the seller and it is a boundary for the purchased field, the buyer may say that he agreed to use the Shtar anyway because otherwise the seller would not have sold the field to him.
6. He may make a claim on the entire field with the exception of one row. If he says that, after he signed the Shtar, he bought the row, he may make a claim on the entire field, including that row.
7. This is because each one of the owners of the surrounding four fields may claim, "Your path does not go through my field."
8. This is because he may claim, "My path is definitely in one of your fields, and therefore you must give me a path."
9. Once the fields are returned to their originally owners, he no longer will be able to make a claim on his path, because each owner will claim that the path goes through one of the fields of the others, and not his.
RETRACTING AN OFFER FOR A DOWRY
If the Chasan was promised a dowry and the offer was retracted, the Chasan may delay the marriage indefinitely. This applies only prior to the marriage. Once they are married, it is forbidden for a husband to rebel against his wife for the reason that he is not being given money that was promised to him; he must fulfill all of his obligations toward his wife. (Hagahos Mordechai)
MONEY FOR A DOWRY
If a father promised money to the Chasan of his daughter for a dowry and subsequently traveled to a different country or is unable to fulfill his commitment, the daughter may tell the Chasan, "It was not I who promised the money. Either marry me or dismiss me with a Get." However, if the daughter herself promised the money for the dowry and she is unable to attain the money, she must sit [as an Agunah] until she manages to attain the money, or until she dies. If the daughter who promised the money is a Ketanah, the Chasan must either give her a Get or marry her without the dowry. (Shulchan Aruch EH 52:1)
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