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KESUVOS 46

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KESUVOS 46 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
 


12th CYCLE DEDICATION
KESUVOS 46 (5 Cheshvan) - Dedicated in honor of the third Yahrzeit of Reb Naftali ben Reb Menachem Mendel (Tuli Bodner) Z"L, an Ish Chesed and Ish Ma'aseh who radiated joy and whose Ahavas Yisrael knew no bounds. Dedicated by his son, Mordechai Bodner, of Givat Mordechai, Yerushalayim.

SUMMARY

Someone who vows to pay half of his Erech pays only half of his Erech. Rebbi Yosi bar Yehudah says he must pay his entire Erech. (1)
 
A person should not have immoral thoughts during the day because it will bring him to Tum'ah at night.
 
A judge must not talk softly to one litigant while talking harshly to the other.
 
If a man who was Motzi Shem Ra did not instruct the false witnesses to testify, he does not pay 100 Kesef nor is he punished with Malkus. (2)
 
Rebbi Yehudah says that a person is Chayav for Motzi Shem Ra only if he hired the false witnesses.
 
If a Yavam is Motzi Shem Ra by saying that the Yevamah was Mezanah while married to his brother, the laws of Motzi Shem Ra do not apply.
 
If a woman was Mezanah prior to her Eirusin, she receives only 100 Zuz for her Kesuvah.
 
Tana Kama: The laws of Motzi Shem Ra apply even if he did not have relations with her. Rebbi Eliezer ben Yakov: The laws of Motzi Shem Ra apply only if he had relations with her.
 
A man who is Motzi Shem Ra is Chayav only when he claims that she was Mezanah with a conventional Bi'ah.
 
A father has the rights to the Kidushin, Metzi'ah, and handiwork of his daughter who is a Ketanah or a Na'arah.
 
A father has the rights to annul the vows of his daughter who is a Ketanah or a Na'arah and to accept her Get on her behalf. (3)
 
A husband has the same rights that a father has. He also has the right to eat the fruit from the property of his wife.
 
A husband is obligated to support his wife, to ransom her if she is captured, and to pay for her burial.
 
A Ketanah does not have the right to accept Kidushin for herself, but a Na'arah does have that right.
 
A law of Mamon may not be learned from Isur or from Knas.
 
The father and the Arus together may annul the vow of the Na'arah ha'Me'orasah.

A BIT MORE

1. Rebbi Yosi bar Yehudah says he must pay his entire Erech because of a Gezeirah of a case where he says, "Erech Chatzi Alai"; in such a case, since he says "Erech Chatzi" (the Erech of half of his body) instead of "Chatzi Erech" (half of the value of his Erech), he must pay the entire Erech. The reason why he pays the entire Erech in that case is that he is stating an Erech on half of his body which includes organs which are essential for his life.
 
2. However, if he did instruct the witnesses to testify, even though he did not hire them, he must pay 100 Kesef and he is punished with Malkus.
 
3. The father may accept the Get for her only when she is getting divorced from Eirusin and she is still a Ketanah or a Na'arah.

BRIEF INSIGHT

RELYING ON THE WITNESSES
 
According to the Tana Kama, a man who is Motzi Shem Ra pays 100 Kesef and is punished with Malkus even if he did not have relations with his wife. The Chasam Sofer asks, how can we punish the husband if he is Motzi Shem Ra on his wife without first having relations with her? Since he is relying on the witnesses who are testifying that she is not a Besulah, he should bear no liability for lying; it is the witnesses who are misleading him! The Chasam Sofer answers that the Tana Kama rules like Rebbi Yehudah who maintains that he is Chayav for Motzi Shem Ra only if he hired the witnesses.

QUICK HALACHAH

JUDGING RIGHTEOUSLY
 
The Torah says, "b'Tzedek Tishpot Amisecha" -- "You shall judge your friend righteously." How do they judge righteously? The judge must treat the two litigants equally. The judge should not let one litigant speak his mind, and cut off the other. He should not talk to one of them softly while speaking harshly to the other. (Shulchan Aruch CM 17:1)

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