KESUVOS 87 (17 Kislev) - Today's learning is dedicated in loving memory of Professor Dr. Eugene (Mordechai ben Aharon) Heimler, on his 17th yahrzeit, by his beloved wife, Miriam Bracha. May the Zechus of the Torah being learned around the world be an Iluy for his Neshamah.

[87a - 59 lines; 87b - 47 lines]

1)[line 2]הפוגמת כתובתהHA'POGEMES KESUVASAH- a woman who has received in the past partial payment of her Kesuvah

2)[line 7]למ''ד על אפוטרופיא שנעשית בחיי בעלה איהי מי הות ידעהL 'MAN D'AMAR AL APOTROPYA SHE'NA'ASEIS B'CHAYEI BA'ALAH, IHI MI HAVAH YAD'AH- (The Gemara does not consider the possibility that the husband exempted his wife from a Shevu'ah only after appointing her to be an Apotropos. According to TOSFOS DH Ela, the reason for this is because the Mishnah seems to be referring to a husband who exempts his wife from a Shevu'ah at the time he marries her, and not at a later date. The RAMBAN explains that the Gemara does not consider this possibility for another reason. Had he already made her an Apotropos and then exempted her from a Shevu'ah, Rav Nachman certainly would not have argued with Rav and said that the husband does not intend to exempt his wife from the Shevu'ah of an Apotropos.)

3)[line 11]הלכה מקבר בעלהH ALCHAH MI'KEVER BA'ALAH- ("Kever Ba'alah" does not necessarily refer to the burial of her husband. It seems from the Gemara to follow that one Amora interprets it as the death of her husband, i.e. before the burial.)

4)[line 20]לכרגאL'KERAGA- a head-tax

5)[line 21]אכרזתאACHRAZTA

(a)Before Beis Din sells the property inherited by orphans to pay a debt of their father, they must first estimate the value of the property and then announce for thirty consecutive days or for a period of sixty days on Mondays and Thursdays that they are selling the property of orphans. They make the announcements in the morning and the evening at the time that workers are going to and coming back from work. The announcements in the morning are made so that a prospective buyer asks his worker to evaluate the property on his way to work; the announcements in the evening are made to remind the prospective buyer about the property so that he will ask his worker how much the property produces.

(b)At the time that the announcements are made, the distinguishing marks and the boundaries of the property are announced. Likewise, Beis Din announces the amount that the field produces, the estimated value, and the reason that it is being sold (whether to pay back a loan or to pay the Kesuvah of a widow. Some people prefer to pay a creditor because he will accept imperfect coins as payment, and some people prefer to pay a widow since she usually gets paid in small installments.)

(c)If Beis Din sold the property without a Hachrazah, the sale is invalid and the property has to be sold again with a Hachrazah. However, if Beis Din is selling the property in order to pay the head-tax of the orphans, to pay for the food of the widow or orphans, or to pay for the burial of the father or orphans, they do not make a Hachrazah, because there is no time to spare. (Erchin 21b, RAMBAM Hilchos Malveh v'Loveh 12:8,10-11)

6)[line 21]דלא נדר ודלא שבועהD'LO NEDER UD'LO SHEVU'AH- "without a vow" or "without an oath." That is, a husband who writes these words to his wife indicates that he will not force her to make a vow or take an oath about her dealings with his property.

7)[line 23]נקי נדר נקי שבועהNAKI NEDER NAKI SHEVU'AH- "clean of a vow" or "clean of an oath"

8)[line 25]מנקית משבועתאMANKIS MI'SHEVU'ASA- you are clear of ever having to take an oath

9)[line 29]נקי נפשך בשבועתאNAKI NAFSHAF B'SHEVU'ASA- clear yourself by taking an oath

10)[line 33]מנכסיא איליןMI'NICHSAYA ILEIN- "from these possessions"

11)[line 41]ואיכא דאמרי לה מתניתאV'IKA D'AMREI LAH MASNISA- and there are those who quote the opinion of Aba Shaul ben Ima Miryam from a Beraisa (as opposed to from the Amoraic statement of Shmuel)


12)[line 6]המודה במקצת הטענה ישבעHA'MODEH B'MIKTZAS HA'TA'ANAH YISHAVA

If a person admits that he owes part of a claim, the Torah suspects that the person wants to temporarily postpone part of the payment but does not have the audacity to completely deny the claim. He is therefore required to take an oath on the part he denies (Shemos 22:8).

13)[line 10]אין נשבעין על כפירת שעבוד קרקעותEIN NISHBA'IN AL KEFIRAS SHIBUD KARKA'OS

With regard to claims of land, none of the Shevu'os (oaths) d'Oraisa or d'Rabanan apply. Instead, we rule "ha'Motzi me'Chavero Alav ha'Re'ayah," that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person.

14)[line 11]דפרע דייק דמיפרע לא דייקD 'FARA DAYEIK, D'MIFRA LO DAYEIK- the person who pays is careful (and remembers the exact details); the person who gets paid is not careful

15)[line 15]איתרמויי איתרמי ליהISRAMUYEI ISRAMI LEI- he chanced upon (and availed himself of the services of two witnesses)

16)[line 18]ושכנגדו חשוד על השבועהV'SHE'KENEGDO CHASHUD AL HA'SHEVU'AH- and if a person admits to half of the claim against him requiring him to swear a Shevu'as Modeh b'Miktzas, but we have reason to suspect that he will lie if he swears (because he has a past history of swearing falsely or of gambling or other forms of theft), then the person who made the claim against him may swear that his claim is true and collect what he claimed.

17)[line 18]וחנוני על פנקסוV'CHENVANI AL PINKASO- A person owes his workers money. In lieu of paying them cash, they have him give the amount he owes them to a local storekeeper who will supply them with goods from his store for free, up to the value of their wages. Later, the storekeeper claims that he paid the workers but did not yet receive compensation from their employer, while the workers claim that they never received compensation from either the storekeeper or the employer. Both the storekeeper and the workers swear that they were not compensated, and collect the amount of the wages from the employer.

18)[line 27]פוחתת כתובתהPOCHESES KESUVASAH- a woman who [comes to collect her entire Kesuvah but] claims that the value of her Kesuvah is less than the amount written in her Kesuvah

19)[line 36]אמנה היתה לי ביני לבינוAMANAH HAYESAH LI BEINI L'VEINO- there was a mutual trust between us that [although the Kesuvah of 1000 Zuz is valid, I would collect only a Maneh (100 Zuz)]