[81a - 32 lines; 81b - 43 lines]

1)[line 1]יורשיה יורשי כתובתהYORSHEHA, YORSHEI KESUVASAH- her heirs who inherit her Kesuvah, i.e. her husband's relatives

2)[line 2]אלמנה ניזונת מנכסי יתומיןALMANAH NIZONES MI'NICHSEI YESOMIM

One of the Tena'ei Kesuvah that was instituted by the Chachamim was that if a man dies before his wife, she 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.) (Mishnah, Kesuvos 52b)

3)[line 3]מנכסי יתומיןMI'NICHSEI YESOMIN- that is, the orphans of her dead husband (who are not the widow's own children) must support the widow, but they need not bury her. Rather, her own children, or immediate family, must bury her. (The Mishnah the Gemara is quoting is not discussing a Shomeres Yavam, since the husband of a Shomeres Yavam would have left no live children after his death. It is discussing a normal widow, whose husband did not die childless. However, the Gemara is implying from the extra words "Yorshei Kesuvasah" that had she been a Shomeres Yavam, her husband's family would have to bury her, since they inherit her Kesuvah - TOSFOS DH Eizehu.)

4)[line 7]"אח אני יורש אשתו אין אני קובר!""ACH ANI YORESH, ISHTO EIN ANI KOVER!"- that is, I am only inheriting the property of my brother, and not the Nichsei Tzon Barzel that my brother received from his wife (i.e. the Shomeres Yavam). Since I have not received any benefits from her, why should I be obligated to bury her? (This Gemara is following the opinion - cited by Rashi 80b DH u'Veis Hillel from Bava Basra 158b - which maintains that the Shomeres Yavam's family retains the Nichsei Tzon Barzel upon her death. TOSFOS DH v'Leima.)

5)[line 11]ואי משום כתובה לא ניתנה כתובה לגבות מחייםV'IY MISHUM KESUVAH, LO NITNAH KESUVAH LIGAVOS ME'CHAYIM- that is, the husband - or his brother, in the case of a Shomeres Yavam - is only required to bury his wife in return for receiving certain benefits through her. If he inherits the Nichsei Tzon Barzel which the wife brought into the marriage, he must bury her. However, if all he keeps from her is the Kesuvah which he promised to give her should he die first, it is not considered as if he received any benefit from her. The Kesuvah always was his; it only becomes hers after he dies (or divorces her). Since he did not die (or, in the case of a Shomeres Yavam, since his brother may still perform Yibum), the Kesuvah was never hers. It is not considered a benefit that he received from her, and it should not obligate his brother, the Yavam, to bury her. (See TOSFOS 53a DH she'Ein; see #9 later on this Daf.)

6)[line 15]שטר העומד לגבות כגבוי דמיSHTAR HA'OMED LIGAVOS K'GAVUY DAMI

(a)Ownership of a Shtar (a document of debt or deed) that gives a person title over property is equated to ownership of the property itself. Just as the person who owns and uses the property has a "Chazakah" over that property, so, too, the person who owns a document that gives him title to property has a "Chazakah" over that property.

(b)Even those who argue and do not consider a normal Shtar strong enough to give its owner a "Chazakah" over the property, admit that a Kesuvah (marriage contract) is stronger than a normal document and gives its bearer a "Chazakah" over the property promised her therein. The reason for this is "Mishum China" (see Background to 84:6).

7)[line 16]שתוSHASU (SOTAH)

See Background to 9:12.

8)[line 22]ספק זנאיSAFEK ZANA'I- there is a doubt as to whether she had illicit marital relations

9)[line 24]והא בעינן כשתנשאי לאחר תטלי מה שכתוב ליכיV'HA BA'INAN KESHE'TINAS'I L'ACHER TITLI MAH SHE'KASUV LICHI- that is, the Kesuvah specifies that she cannot collect it until after he dies and she is permitted to remarry. (This is basically a reiteration of the original question: "The Kesuvah cannot be collected while the husband is alive!" The Gemara is rejecting the proposed answer that "k'Gavuy Dami." Even if that applies to a normal Shtar, it should not apply to a Kesuvah, since the Kesuvah specifies otherwise. The Gemara therefore proposes an entirely new answer: When the childless husband dies, it is as if he became obligated to give his wife the Kesuvah, gave it to her, and his brother re-collected it pending Yibum. Since the woman actually brought this Kesuvah into the marriage (i.e. Yibum relationship) with the Yavam, it is comparable to Nichsei Tzon Barzel, which do obligate the husband to bury his wife. TOSFOS DH V'ha, TOSFOS 80b DH Yorshei)

10)[line 30]הרוצה שימכור בנכסי אחיוHA'ROTZEH SHE'YIMKOR B'NICHSEI ACHIV- that is, the Yavam (both before or after Yibum) may not sell any of the property which can possibly by used towards the payment of the Kesuvah, because it is Meshubad to the Kesuvah. Although property that is Meshubad towards the payment of a Kesuvah (or a debt) normally may be sold, the Chachamim made an exception with regard to the Kesuvah of a Yevamah, and were especially stringent with it (TOSFOS DH ha'Rotzeh).

11)[last line]ויפייסV'YEFAYEIS- and he can coax [her into giving him permission to sell his brother's properties as long as he leaves properties from which she can collect the value of her Kesuvah]

12)[last line]מגרש בגטM EGARESH B'GET- he divorces her with a Get (and sells the extra properties while they are divorced)


13)[line 13]משום איבהMISHUM EIVAH- because of enmity (because she will think that he wants to divorce her)

14)[line 15]בגיטאB'GITA (GET YEVAMIN)

(a)Just as Chazal enacted Kidushei Ma'amar for a Yevamah, so, too, they enacted a Get Yevamim.

(b)If one of the surviving brothers performed Kidushei Ma'amar with the Yevamah and then he decides to release her from the Zikas Yevamim through Chalitzah, he must give her a Get Yevamim besides the Chalitzah.

(c)If the Yavam gives a Get to the Yevamah without first having performed Ma'amar, it becomes prohibited for him mid'Rabanan to perform Yibum with her, and he must perform Chalitzah.

15)[line 27]אטו ר' חנינא בר פפי כיפי תלה לה?ATU REBBI CHANINA BAR PAPI, KEIFEI TALA LAH?- Did Rebbi Chanina bar Papi hang earrings and nose-rings (alt. gems) on it?; i.e. in what way did Rebbi Chanina bar Papi enhance and strengthen what Rav Yosef said?

16)[line 30]נפק רב יוסף דק ואשכחNAFAK RAV YOSEF, DAK V'ASHKACH- (lit. Rav Yosef went out, checked and found) he checked into the sources and found the following Beraisa

17)[line 31]הרי שהיה נושה באחיו ומתHAREI SHE'HAYAH NOSHEH V'ACHIV U'MES...- when a creditor loans his brother a sum of money and the creditor dies childless leaving his widow in need of Yibum from her brother-in-law, the Yavam (the living brother, the debtor) should not say, "Since I will inherit my brother's property when I do Yibum, it can already be considered as if I have collected the debt that I owe him, and I need not pay."

18)[line 34]דלמא דטבא ליה עבדו ליהD ILMA D'TAVA LEI AVDU LEI- perhaps [in this case] they (the Chachamim) were only giving him good advice [and it is not mandatory]

19)[line 39]זו אינה משנהZU EINAH MISHNAH- this Beraisa is not reliable