KESUVOS 50 - 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.

[50a - 54 lines; 50b - 36 lines]

1)[line 1]ועשיתינהו לזניהV'ASITINHU LI'ZENEI- and I forced him (the son) (orally - TOSFOS) to provide him (the father) with sustenance

2)[line 3]עשיינהו בעיASA'INHU BA'I?- would he have needed to force him?

3)[line 4]המבזבז אל יבזבז יותר מחומשHA'MEVAZBEZ, AL YEVAZBEZ YOSER ME'CHOMESH

The Sanhedrin, while in Usha, enacted a decree that if someone wants to give Tzedakah liberally, he should not give more than a fifth of his possessions

4)[line 11]והא לא דמי עישורא בתרא לעישורא קמאV'HA LO DAMI ISURA BASRA L'ISURA KAMA- but consider [the simple arithmetic]; the second tenth is not equal to the first tenth

5)[line 14]ושמועות הללו מתמעטות והולכותU'SHEMU'OS HALALU MISMA'ATOS V'HOLCHOS- and [the number of Amora'im listed who quote] the preceding teachings [of the scholars or Usha] declines [from three to two to one, from Sugya to Sugya]

6)[line 16]מתגלגל עם בנוMISGALGEL IM BENO- [a father] "rolls" with his son, (using soft, encouraging words as an incentive to train his son to learn Torah properly, without inflicting physical punishment upon him)

7)[line 17]יורד עמו לחייוYORED IMO L'CHAYAV- he should make sure to use physical punishment or meager rations as an incentive to train his son to learn Torah properly

8)[line 19]בציר מבר שיתBATZIR MI'BAR SHIS- less than six years old

9)[line 19]לא תקבילLO SAKBIL- do not accept [as a student]

10)[line 20]וספי ליה כתוראV'SAFI LEI K'SORA- and force-feed him (teach him the Torah in abundance) like one force-feeds an ox

11)[line 24]אמרה לי אםAMRAH LI EM- my "mother" told me (Abaye was an orphan and he called his foster mother "Em")

12)[line 27]דטרקא ליה עקרבאD'TARKA LEI AKRABA- that he was stung by a scorpion

13)[line 27]ביומא דמישלם שיתB'YOMA D'MISHLAM SHIS- on the last day of the sixth year of his life (the day before his sixth birthday)

14)[line 28]לא חייLO CHAYEI- cannot live (without a known cure - RASHI)

15)[line 28]אסותיהASUTEI- his cure

16)[line 28]מררתא דדיה חיורתא בשיכראMARARTA D'DAYAH CHIVARTA B'SHICHRA- the gallbladder of a white vulture (O.F. voltur) in beer

17)[line 29]נשפייה ונשקייהNESHAFYEI V'NASHKEYEI- rub it on him and make him drink from it

18)[line 30]ברשיתB AR SHATA- one year old

19)[line 30]זיבוראZIBURA- a hornet or bee

20)[line 31]אצותא דדיקלאATZVASA D'DIKLA- the fibrous substance just under the surface of the date palm

21)[line 36]חליש וגמירCHALISH V'GAMIR- [he actually becomes] weak and well-learned

22)[line 38]בנכסי מלוגNICHSEI MILUG

A woman brings into her marriage two types of possessions, as follows:

1."Nichsei Tzon Barzel" are possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death. The husband takes full responsibility for these items, such that if he divorces her or dies before she dies, she receives them in return with their full value at the time of the marriage. Since the husband has a higher degree of responsibility for Nichsei Tzon Barzel than he does for Nichsei Milug, he also has a higher degree of ownership in them.

2."Nichsei Milug" are possessions that were not estimated and their values not recorded in the Kesuvah (accordingly, they may have been possessions which the woman owned before marriage, or possessions that she acquired during marriage). In return for the husband's commitment to redeem his wife should she fall into captivity, the Chachamim decreed that he owns the returns of any property belonging to his wife. Although the principal is hers, her husband reaps any gains that it produces while they are married. He may not, however, actively diminish the principal (e.g. by digging trenches in the field or by slaughtering the ox). Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox) (BARTENURA to Yevamos 7:1, and ARUCH Erech Malag).

23)[line 41]באוכלוסא דאושאB'UCHLUSA D'USHA- at a gathering of scholars in Usha

24)[line 43]תנא מיניה ארבעין זימניןTANA MINEI ARBE'IN ZIMNIN- he learned it from him 40 times

25)[line 43]ודמי ליה כמאן דמנחא ליה בכיסתיהV'DAMI LEI K'MAN D'MANCHA LEI B'CHISESEI- and he remembered it very well (lit. and it was similar to him), as if it were placed in his pocket

26)[last line]דלא אתי לאינצוייD'LO ASI L'INTZUYEI- (a) there will not be bickering between the relatives over the person's estate, since everyone knows that the sons inherit the estate when there are living children or grandchildren. Therefore the courts will not have to deal with estate quarrels as long as everyone is blessed with children and grandchildren. (RASHI) (b) There will not be bickering between the children if all of the children have their own children. If one child does not have children, though, there might be bickering, since the father will bequeath a greater portion of his estate to the child that has his own children, and will not leave the estate for them to divide equally. (TOSFOS, cited by the RITVA) (c) There will not be quarreling between the Tzedukim and the judges of Israel over estate law if everyone has children who themselves have sons (as opposed to daughters). If a person has a son and daughter, and the son dies leaving behind a daughter, the Tzedukim ruled that the estate is divided equally among the daughter and granddaughter while the Chachamim ruled that it is given to the granddaughter. If there is a grandson, though, there will be no quarreling, since even the Tzedukim will agree that the grandson gets the entire estate. (ibid.)


27)[line 4]אווש עליה כולי עלמאAVASH ALEI KULEI ALMA- everyone shouted at him

28)[line 7]כתובת בנין דכריןKESUVAS BENIN DICHRIN

One of the stipulations of marriage that is imposed by Beis Din and that is written explicitly in the Kesuvah (see Background to 49:5) 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).

29)[line 9]מחיטי דעלייהME'CHITEI D'ALIYAH- from the wheat [that is stored] in the loft

30)[line 10]פרנסה הויאPARNASAH HAVYAH- [he allotted the wheat to them] as a dowry

31)[line 11]מעילוייא דאבME'ILVAYA D'AV- according to the estimate that Beis Din makes to judge the father's generosity or stinginess (with regard to how much of a dowry he would have given to his daughters had he been alive)

32)[line 22]ודון דייני דנהרדעאV'DON DAYANEI D'NEHARDE'A- and the judges of Neharde'a ruled [that the daughters may receive their Mezonos (sustenance) from the Metaltelin (chattels) of their father's estate]

33)[line 22]ואגבי רב חנא בר ביזנאV'AGVI RAV CHANA BAR BIZNA- and Rav Chana bar Bizna seized and apportioned [Mezonos for the daughters from the Metaltelin of their father's estate]

34)[line 24]מגבינא לכו לאפדנייכו מינייכוMAGVINA LECHU L'APADNAICHU MINAICHU- or I will confiscate your (a) mansion; or (b) courtyard (both sources ARUCH) from you

35)[line 34]מתמרי דעל בודיאMI'TAMREI D'AL BUDYA- from the dates that [have been picked and] are lying on the receiving mats

36)[last line]דחזייא לבודיאD'CHAZYA L'VUDYA- that are almost ready to be picked, but still need to be on the tree