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|KESUVOS 55 - 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.|
The people of Pumpedisa: The heirs may not collect the Kesuvah from the buyers of their father's property. The people of Masa Mechasyah: The heirs may collect the Kesuvah from the buyers of their father's property. (1)
If movable goods were set aside for the wife's Kesuvah, when the widow collects those objects from the orphans no oath is necessary. (2)
If the movable goods that were set aside for the wife's Kesuvah no longer exist, Pumpedisa says that the widow may collect the Kesuvah from the orphans without an oath. (3)
Land was set aside for the wife's Kesuvah and the four borders were delineated. If the widow collects the land from the orphans, no oath is necessary.
If only one border was delineated for the land that was set aside for the wife's Kesuvah, Pumpedisa says that the widow may collect the Kesuvah from the orph1ans without an oath. (4)
If a person instructs witnesses to write and sign a document and he makes a Kinyan with them, the witnesses do not have to confirm that he wants to go through with the writing of the document.
If a person tells witnesses to write and sign a document and no Kinyan was made, Pumpedisa says that the witnesses do not have to confirm that he wants to go through with the writing of the document. (5)
Rebbi Shimon Shezuri: If a deathly ill man instructs the witnesses to write a Get, they should write and give his wife a Get. (6)
Rebbi Shimon Shezuri: If Terumas Ma'aser of Demai falls back into the Chulin, one is permitted to ask the Am ha'Aretz if he separated the Ma'aser. (7)
Rav: If the gift document of a deathly ill person contains a Kinyan, it has the power of both a regular gift and the gift of a Shechiv Mera. (8)
A BIT MORE
1. According to Pumpedisa, the language of the Tenai Kesuvah is that the sons are *heirs*. According to Masa Mechasyah, the language is that they are *creditors*.
2. Normally, a person may not collect from orphans without an oath because of the concern that the father gave the creditor movable goods for payment of the debt. However, that reasoning does not apply in this case, because the widow is taking the same movable goods that were set aside for this debt.
3. Masa Mechasyah argues and maintains that since the movable goods are no longer in existence, she is no different from any other creditor and she must take an oath before collecting from the orphans.
4. Masa Mechasyah argues and says that since only one border was delineated, it is as if the land was not set aside for her Kesuvah at all, and she is no different from any other creditor. She must take an oath before collecting from the orphans.
5. Masa Mechasyah argues and says that since no Kinyan was made, we must be concerned that perhaps he wants to back out. Therefore, we must confirm that he wants to go through with it.
6. Even though he did not instruct them to give her the Get, we assume that since he is dying he is serious, and when he instructed the witnesses to write a Get he had in mind that they should give it to her.
7. Most Amei ha'Aretz separate Ma'aser. However, the Chachamim were stringent and required us to separated Ma'aser because of the possibility that the Am ha'Aretz failed to separate the Ma'aser. If the Terumas Ma'aser falls back into the Chulin, it is a huge loss because the entire batch may be eaten only by a Kohen. In such a case of great loss, the Chachamim allow us to ask the Am ha'Aretz if he indeed separated the Ma'aser, and we may rely on him if he claims that he separated the Ma'aser.
8. It has the power of a regular gift, and thus if the person recovers he cannot retract the gift, unlike the gift of a Shechiv Mera who may retract if he recovers. It has the power of a gift of a Shechiv Mera such that if he says, "The money I lent to one person should be given to another person," it is a valid gift even though a Kinyan does not help to be Koneh such a loan.
PRODUCE BOUGHT FROM AN AM HA'ARETZ
Rebbi Shimon Shezuri says that if Terumas Ma'aser of Demai falls back into the Chulin, one is permitted to ask the Am ha'Aretz if he separated the Ma'aser. Rashi explains that since it is potentially a huge loss (because the entire mixture will have to be sold to a Kohen at the low price of Terumah), the Chachamim allow us to believe the Am ha'Aretz if he says that he separated the Ma'aser. Tosfos, however, says that the huge potential loss is not the reason why the Am ha'Aretz is believed. Rather, it is because the Amei ha'Aretz have great respect for Terumah, and once we tell him that the Terumah fell into the Chulin he is afraid to lie.
THE TRUSTWORTHINESS OF AN AM HA'ARETZ
If an Am ha'Aretz sees that we separated Terumas Ma'aser from his produce and it subsequently fell into Chulin, whether it fell back into its own Chulin or it fell into other Chulin, if the Am ha'Aretz tells us that he separated the Ma'aser he is believed even during the week, and we may eat the produce. Just as Am ha'Aretz has reverence for Shabbos, he has reverence for Dimu'a (Chulin mixed with Terumah), and he is not suspected of causing someone to eat Dimu'a. (Rambam, Hilchos Ma'aser 12:4)
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