Dafyomi Advancement Forum

יום ו', פרשת עקב
Kesuvos 44

V i e w A l l

(Click 'Read More' to display or hide text)

Summary of the Daf
Rav Nachman says that if a buyer receives two purchase documents for the same property, the second one overrides the first.
Read More
If the second document gives him something extra that is not included in the first document, the buyer has the choice to use either one of the documents.
Read More
If the first document states that the property is a sale and the second document states that it is a gift, both documents are valid.
Read More
If the first document states that the property is a gift and the second document states that it is a purchase, both documents are valid.
Read More
Rebbi Eliezer ben Shimon: The wife may collect the principal Kesuvah from the time of Eirusin. Chachamim: She may not collect if from the time of Eirusin.
Read More
A Na'arah who is a Giyores who is Mezanah while she is an Arusah is punished with Chenek, not Sekilah.
Read More
A Na'arah who is a Giyores whose mother converted prior to her birth is punished with Sekilah even if she is Mezanah while she is an Arusah. A Na'arah who is a Giyores whose mother converted prior to her birth is not punished with Sekilah at the entrance to her father's house.
Read More
Even a Na'arah ha'Me'orasah who does not have a father, or her father does not have a house, is punished with Sekilah if she is Mezanah. A man who is Motzi Shem Ra on a Giyores whose mother was Megayer prior to her birth is not punished with Malkus, nor does he pay 100 Kesef. Rebbi Yosi bar Chanina: One who is Motzi Shem Ra on an orphan is exempt. Rava: He is Chayav. Reish Lakish: One who is Motzi Shem Ra on a Ketanah is exempt. Whenever the Torah states Na'arah without the letter "Heh," it includes a Ketanah.
Read More
Brief Insight
TWO LOAN DOCUMENTS

Rav Nachman says that if a buyer receives two purchase documents for the same property, the second one overrides the first. The Rosh says that this applies only when both documents are a gift, or both are a purchase. If the two document are a loan, both are valid and the borrower must back the sum written in both the first and second documents. The reason is that it is entirely possible that there were two separate loans. (In contrast, when both documents are a purchase or a gift, it is not possible that he sold or gave away the same property twice.)
Quick Halachah
TWO DOCUMENTS ON THE SAME PROPERTY

A buyer has two documents on the same property, and the dates are not the same. If the first document is a gift and the second is a sale, both documents are valid, because the purpose of the second document is in order to accept responsibility in the event that the property is taken from him. If the first document is a purchase and the second document is a gift, both documents are valid, because the purpose of the second document is in order to give the buyer precedence to a neighbor who may want to invoke the Din of Bar Mitzra. (Shulchan Aruch CM 240:1)
Chakirah
Rav Nachman says that if a buyer receives two purchase documents for the same property, the second one overrides the first. According to Rafram, since both the buyer and seller admit that the first document is Pasul, the witnesses who signed that document are Pasul. Why are they Pasul? Is it because the buyer and seller both testify that they are Pasul, or are the witnesses on the second document testifying that the witnesses on the first are Pasul?
~ ~ ~ ~ ~ ~

Dafyomi Study-material Locator

Dafyomi Study-schedule Calculator