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.

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.

[46a - 53 lines; 46b - 37 lines]

1)[line 3]חצי ערכיCHATZI ERKI (ERCHIN)

(a)See Background to 37:14.

(b)There is no Erech for a limb of a person's body. However, if someone declares that he wants to give the endowment value of a vital organ or limb of a certain person (i.e. an organ or limb that a person cannot live without), Chazal learn from the words "b'Erkecha Nefashos" (ibid. 27:2) that he must give the entire Erech of that person. This is the also the Halachah if someone pledges "Erech Chatzyo" (the endowment value of half of a person). (Erchin 20a).

(c)The Tana'im (ibid.) argue when a person specifies that he pledges "Chatzi Erko," half of the Erech of a certain person. Tana Kama rules that the person who uttered the pledge is obligated to give half of the designated value. Rebbi Yosi b'Rebbi Yehudah claims that the Rabanan instituted that he must give a full Erech of that person, lest his pledge of "Chatzi Erko" be confused with a pledge of "Erech Chatzyo."

2)[line 5]לוקה בערך שלםLOKEH B'ERECH SHALEM- he "gets hit" with an obligation to pay the total Erech

3)[line 7]אבר שהנשמה תלויה בוEVER SHEHA'NESHAMAH TELUYAH BO- a vital organ or limb without which a person or an animal cannot live

4)[line 19]יהרהרYEHARHER- to think lustful thoughts

5)[line 19]ויבא לידי טומאהV'YAVO L'YEDEI TUM'AH- and he will become Tamei with Tum'as Keri

6)[line 28]דלא אגרינהוD'LO AGRINHU- he did not hire them [to give false testimony]

7)[line 30]"ושם לה עלילות דברים...""V'SAM LAH ALILOS DEVARIM..."- "And makes accusations against her, [and brings an evil name upon her, and says, 'I took this woman, and when I came to her, I did not find in her the signs of virginity.]" (Devarim 22:14)

8)[line 35]פשוט מיהא חדאPESHOT MIHA CHADA- answer at least one [of the questions]

9)[line 44]בעלילותB'ALILOS- with accusations

10)[line 44]ואקרב אליה בדבריםVA'EKRAV ELEHA, BI'DEVARIM- and I came close to her, with words [that a husband normally speaks with his wife]

11)[line 46]לא מצאתי לבתך בתוליםLO MATZASI L'BITCHA BESULIM- [after witnesses came to me and told me that my Arusah had forbidden relations,] I was not able to find other witnesses to deny the claim or to prove that the first witnesses were Edim Zomemim (conspiring witnesses, see Background to Kesuvos 19:17), which would have proved that your daughter is indeed a Besulah

12)[line 49]מה ששם להMAH SHE'SAM LAH- that (those accusations) which he put against her (referring to the words "v'Sam Lah..." (Devarim 22:14) and not to the word "Simlah" (ibid. 22:17) - TOSFOS)



See Background to 39:6.

14)[line 9]ובפרקונהUB'PIRKONAH (TENAI KESUVAH)

(a)There are number of stipulations of marriage which are imposed by Beis Din and some of which are written explicitly in the Kesuvah (the Jewish marriage contract). These are in addition to the basic obligations a man has to his wife according to the Torah. Those stipulations which obligate the husband to his wife are:

1.A husband must redeem his wife if she is a taken captive. If he is not a Kohen, he must take her back into his house; if he is a Kohen he must redeem her and divorce her so that she can remarry. He may not (divorce her and) give her the money of the Kesuvah so that she should redeem herself.

2.As long as they are married, he must provide his wife with all the medical care that she needs.

3.If she dies before her husband, her sons inherit the full value of her Kesuvah when he dies (and not the sons of his other wives), aside from the remainder of the estate (which is divided equally between all of the brothers). This is called "Kesuvas Benin Dichrin."

4.After he dies, his daughters must be allowed to live in the house in which he lived, and must be provided for by his household, until they become married.

5.If he dies before his wife, his wife must be allowed to live in the house in which he lived and must be provided for by his household until she remarries. (This stipulation was only made in Yerushalayim and the Galil. In Yehudah, the heirs reserved for themselves the right to give her the value of her Kesuvah and have her find herself a new home.) (Mishnayos Kesuvos 4:7-12)

(b)A husband is obligated to keep these conditions even if he omitted them from the Kesuvah, or did not give his wife a Kesuvah.

15)[line 10]חליליןCHALILIN- (O.F. chalemels) flutes

16)[line 11]ומקוננתU'MEKONENES- and a (female) eulogizer

17)[line 19]שבח נעוריםSHEVACH NE'URIM- the earnings, findings, money of Kidushin, etc. of his daughter. "Shevach" means income or produce, and "Ne'urim" refers to the first six months after the girl develops signs of adulthood (see Background to Kidushin 4:11), after which she reaches the age of Bagrus.

18)[line 22]לאמהL'AMAH (AMAH)

A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."

19)[line 26]ממונא מאיסורא לא ילפינןMAMONA ME'ISURA LO YALFINAN- we cannot derive the Halachos regarding monetary cases (who owns what) from Halachos that apply to Isur v'Heter (what is permitted and what is not)


See Background to 32:1.