BAVA KAMA 89 - Dedicated by Rabbi Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) who passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

[89a - 37 lines; 89b - 41 lines]

1)[line 2]טובת הנאת כתובתהTOVAS HA'NA'AS KESUVASAH (TOVAS HANA'AH)

(a)The words "Tovas Hana'ah" denote the trivial benefit (in terms of pleasure or compensation) that a person receives in return for giving away an object or goods to which he has only very limited rights.

(b)A common example of this is selecting a particular individual to be the recipient of a gift that he is obligated to bestow to others. For example, Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah of a Yisrael who separates Terumah or Ma'aser from his produce is the right to give the Terumah or Ma'aser to the Kohen or Levi of his choice.

(c)Another example is selling an object to which one will not have full rights until a later date, or to which one may never gain full rights. For example, a woman only receives a Kesuvah from her husband if the husband dies before her or divorces her. She may sell her rights to collect the Kesuvah for Tovas Hana'ah. Since the possibility exists that she will die before her husband and the purchaser will not receive the Kesuvah, the Tovas Hana'ah of the Kesuvah is worth much less than the Kesuvah itself.

2)[line 4]אומדין כמה אדם רוצה ליתן בכתובה של זו שאם נתארמלה או נתגרשה ואם מתה יירשנה בעלהOMDIN KAMAH ADAM ROTZEH LITEN BI'CHESUVASAH SHEL ZU, SHE'IM NIS'ARMELAH O NISGARSHAH, V'IM MESAH YIRASHENAH BA'ALAH- we assess how much a person would want to pay for this woman's Kesuvah for the chance that she will be widowed or divorced [and he will receive the money of her Kesuvah,] while if she dies [before her husband], her husband will inherit her [and he will not receive the money of her Kesuvah]

3)[line 7]תזבין כתובתה לגמריTAZBIN KESUVASAH L'GAMREI- let her sell her Kesuvah completely (i.e. her property of Nichsei Milug; see Background to Bava Kama 88:17)

4)[line 9]בנכסי צאן ברזלNICHSEI TZON BARZEL

See Background to Bava Kama 88:17.

5)[line 10]הואיל ואתא לידן נימא בה מילתאHO'IL V'ASA L'YADAN NEIMA BAH MILSA- since it has come to our hands, let us say something [additional] about it

6)[line 14]רווח ביתאREVACH BEISA- [so that there is] ample revenue [in the house]

7)[line 19]מבי רבMI'BEI RAV- [from] the house of study

8)[line 33]מיליMILEI- words, instructions (non-tangible entity)

9)[line 33]אלמה לא?ALAMAH LO?- why not?

10)[line 34]שטר חובSHTAR CHOV- a loan document

11a)[line 34]וחזר ומחלוV'CHAZAR U'MACHALO- and then he went back and forgave/annulled the debt

b)[line 35]מחולMACHUL- [the debt] is forgiven/annulled

12)[line 35]אמרי זבוני זבין ותתן ליה ואי מחלה ליה לגבי בעל תמחלהAMRI: ZEVUNEI ZAVIN V'SITEN LEI, I'IY MACHALAH LAH L'GABEI BA'AL TIMCHELAH- they answer: let her surely sell [her Kesuvah] and give it to him (the buyer), and if she forgives it (the debt of the Kesuvah) to the husband, let it be forgiven

13)[line 36]ואפסדיניה לההוא זבינא בידים לא אפסדינהוV'AFSEDINEI LEHA'HU ZAVINA? LO B'YADAYIM AFSEDINHU- Would she really do so, causing the buyer to lose? [Yes,] since she is not causing a direct loss to him.

89b----------------------------------------89b

14)[line 3]ואטרוחי בי דינא בכדי לא מטרחינןV'ATRUCHEI BEI DINA BI'CHEDI LO MATRECHINAN- we do not bother the Beis Din for nothing (there is no point in exerting Beis Din to arrange a sale which will not help the Nizak)

15)[line 14]דנפיש כתובתהD'NAFISH KESUVASAH- the amount of her Kesuvah is greater

16)[line 14]ההוא פורתאHA'HU PURTA- for that small amount [of money]

17)[line 14]לא מפסיד טובאLO MAFSID TUVA- he does not agree to lose a lot [of money]

18a)[line 15]ואי דנפישא כתובתה מכתובה דאורייתאV'IY DI'NEFISHA KESUVASAH MI'KESUVAH D'ORAISA- and if the amount of her Kesuvah is more than the amount of a Kesuvah d'Oraisa

b)[line 16]נוקמא אכתובה דאורייתאNUKMA A'KESUVAH D'ORAISA - let her keep the Kesuvah d'Oraisa (KESUVAH - the Jewish marriage contract)

(a)When a man marries a woman who was a Besulah (virgin) at the time of her Kidushin, he must write her a Kesuvah document in which he promises that she will receive 200 Zuz (the value of 960 grams of silver) from him or his estate if he divorces her or dies. The Tana'im argue whether this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to Kesuvos 10:1.)

(b)When a man marries a widow or a divorcee who had once been married in the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write her a Kesuvah document in which he promises that she will receive 100 Zuz from him or his estate if he divorces her or dies. Even if the woman is still a virgin, the woman is classified as a "Be'ulah" with regard to the amount of her Kesuvah because she was once married and she is not given the Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a widow or divorcee is only mid'Rabanan (Kesuvos 10b - The Gemara there explains that the term for "widow," "Almanah," alludes to her Kesuvah of a "Manah," or 100 Zuz).

c)[line 16]ואידך תזבנה ניהליה בחבליהV'IDACH, TEZABNAH NIHALEI B'CHAVALEI- and the rest, let her sell to him (her husband) for its Tovas Hana'ah (see above, entry #1) and give him that money as payment for the wound she inflicted on him

19)[line 20]עשרים וחמשהESRIM V'CHAMISHAH - twenty-five Sela'im, which is equal to 100 Zuz - the amount of a Kesuvah of an Almanah (see above, entry #18:b) (CURRENCY OF THE TALMUD)

(a)The relationship between the various coins mentioned in the Talmud is as follows:

1.1 Sela = 2 Shekel

2.1 Shekel = 2 Dinar

3.1 Dinar = 6 Me'ah

4.1 Rova Shekel (or Sela Medinah) = 3 Me'ah

5.1 Me'ah = 2 Pundeyon

6.1 Pundeyon = 2 Isar

7.1 Isar = 8 Perutah (or sometimes 6 Perutah - see Kidushin 12a)

(b)Another name for a Dinar is a Zuz. All of the coins listed above are silver, except for the Perutos, which are copper.

20)[line 22]זימניןZIMNIN- sometimes

21)[line 24]לכתובת בנין דכריןKESUVAS BENIN DICHRIN

One of the stipulations of marriage that is imposed by Beis Din and that is written explicitly in the Kesuvah is called "Kesuvas Benin Dichrin." If the wife dies before her husband, her sons inherit the full value of her Kesuvah after he dies (and not the sons of his other wives), aside from the remainder of the estate (which is divided equally among all of the sons).

22)[line 27]זוזי הוא דאנסוהZUZEI HU D'ANSUHA- [the need for] money compelled her [to sell the Kesuvah]

23)[line 30]עבדי מלוגAVDEI MILUG- slaves which are part of the woman's property that she brings into the marriage as Nichsei Milug (see Background to Bava Kama 88:17)

24)[line 31]יוצאין בשן ועיןYOTZ'IN B'SHEN V'AYIN (ROSHEI EIVARIM)

(a)If the owner of an Eved Kena'ani (a Nochri slave) hits his slave and wounds him by taking out the slave's eye or permanent tooth, the slave becomes entitled to his freedom (Shemos 21:26-27). The owner must intentionally wound him, but need not intend to wound him specifically in the eye or tooth (Kidushin 24b).

(b)The same applies if the master dismembers one of the slave's 24 Roshei Evarim (limb-tips) that do not regenerate if they are dismembered. The 24 Roshei Evarim are the ten fingers, ten toes, nose, ears, and the male Ever (RASHI to Gitin 42b). The Gemara (Kidushin 24a-25a) adds more limbs for which this Halachah applies.

(c)The requirement to free the slave under such circumstances is considered a Kenas (a penalty or fine) which is imposed upon the master for unjustly wounding his slave (Bava Kama 74b; see Rashi to Gitin, top of 21b). Therefore, if the owner admits that he is guilty of taking out his slave's tooth or eye, he need not free the slave (Bava Kama ibid.).

(d)Our Gemara discusses the case of a slave who is the wife's property (Kinyan ha'Guf) but the husband has the rights to his work (Kinyan Peiros), and whether the slave goes free when the wife hits him or when the husband hits him.

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