יום ו', פרשת עקב
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- Summary of the Daf
- Rebbi Shimon: A person prefers to make a claim on a fixed debt even though it is a Knas. Chachamim: A person does not prefer to make such a claim.
The handiwork of a daughter belongs to her father.
A widow is supported by the sons of her deceased husband, and her handiwork belongs to the sons.
If an inheritance is insufficient to support both the sons and the daughter, the daughter takes precedence.
If an inheritance is insufficient to support both the daughters and the widow, the widow takes precedence.
According to some opinions, a master does not have to provide support for his Nochri servant.
A daughter who is supported by her brothers may keep her own handiwork.
The Kesuvah of a Na'arah or Ketanah who was divorced from Eirusin is given to the father.
The Kesuvah of a Na'arah or Ketanah who was divorced from Nisu'in is given to the daughter.
Rebbi: When a woman has been widowed twice, she may no longer remarry.
If a daughter becomes a Bogeres prior to the Nisu'in, even Rebbi Yehudah agrees that the father does not receive the Kesuvah.
Rav Huna says that the wife may collect the principal Kesuvah from the buyers of the husband's property from the time of Eirusin.
Rav Asi: The wife may collect the Kesuvah from the buyers only from the time of Nisu'in.
A woman has two Kesuvos, one for 200 and one for 300. She may collect 200 from the earlier date or 300 from the later date.
- Brief Insight
According to Rebbi, once a woman is widowed twice she no longer may remarry, because she has a Chazakah that she causes her husbands to die. The Ran says that it is not definite that it is because of her that they died, and it is possible that it was simply their destined time to die. Therefore, the heirs of the second husband cannot say that the marriage was a Mekach Ta'us, and she receives a Kesuvah from the inheritance of the second husband. However, if she marries a third husband without notifying him that her first two husbands died, she does not receive a Kesuvah from him, since it is a Mekach Ta'us as he did not know that she was forbidden to remarry.
- Quick Halachah
A woman who was married twice and both of her husbands died may not get remarried, because she has a Chazakah that she causes her husbands to die. If she does get remarried, she may stay with her husband, and even if she did only Eirusin with him, she may get married and do Nisu'in. (Shulchan Aruch EH 7:1)
It does not matter how her husband died. Even if he did not die from a sickness, she is regarded as a Katlanis and may not get remarried. (Beis Shmuel)
When a woman was married twice and both of her husbands died, is it Asur for her to get remarried, or is it simply good advice from the Chachamim that no one should marry her do to the risk involved?
- Author's Suggestion
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