KESUVOS 17 - 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.
 

12th CYCLE DEDICATION

 
KESUVOS 16-17 - Generously sponsored by Marsha and Lee Weinblatt of Teaneck, New Jersey. May Hashem bless them with a Kesivah va'Chasimah for a year of health, prosperity and much Yiddishe Nachas from their wonderful children and grandchildren.

1)

DANCING IN FRONT OF THE KALAH

(a)

(Beraisa - Beis Shamai): When dancing in front of the Kalah, praise her like she is;

(b)

Beis Hillel say, we say 'she is pretty and has grace.'

(c)

Beis Shamai: If she is lame or blind, do we say that she is pretty and has grace?! "Stay far from a false matter"!

(d)

Beis Hillel: Don't you agree that when someone buys something, we praise what he bought?!

1.

From here we learn that a person should always be amiable.

(e)

(Rav Dimi): In Eretz Yisrael, they sing in front of a Kalah 'Without eye-color, rouge or braiding, she bears grace!'

(f)

When R. Zeira was ordained, they sang 'Without eye-color, mascara or braiding, he bears grace!'

(g)

When R. Ami and R. Asi were ordained, they sang 'Like these two we consider ordained, but not Sarmisin (people who mix up Halachos) or Sarmitin (rags);

1.

Some say, they said '...but not Chamisin (those who do not say the reason or only a fifth of it, or only learn a fifth of the Masechta) or Turmisin (empty people).'

(h)

When R. Avahu would come from the Beis Medrash to the Kaiser's house, the maidservant would come out to greet him and sing 'A prince of his people, a leader of his nation, a radiant countenance, blessed is your coming in peace.'

(i)

R. Yehudah used to take a myrtle branch and dance in front of the Kalah, saying 'A pretty, graceful Kalah'.

(j)

Rav Shmuel bar Rav Yitzchak used to juggle three branches.

(k)

R. Zeira: The elder is embarrassing us (he belittles the honor of Chachamim)!

(l)

When Rav Shmuel bar Rav Yitzchak died, a pillar of fire separated him from the people.

1.

We have a tradition - this only happens to one or two people in a generation.

(m)

Version #1 (R. Zeira): The myrtle branch helped him merit this.

(n)

Version #2: His acting like a fool helped him.

(o)

Version #3: His view about how to behave helped him.

(p)

Rav Acha would carry the Kalah on his shoulders and dance.

1.

Rabanan: May we do similarly?

2.

Rav Acha: You may, only if she is like a log to you.

(q)

(R. Shmuel bar Nachmani): One may look at the Kalah all seven days, to endear her to the Chasan.

(r)

The Halachah does not follow him.

2)

THE HONOR GIVEN TO THE DECEASED AND TO A KALAH

(a)

(Beraisa): We divert a funeral procession to allow the procession of a Kalah to pass first;

(b)

We divert both of these to allow a Melech Yisrael to pass first.

(c)

King Agripas allowed a Kalah to pass first. Chachamim praised him for this.

(d)

Question: Rav Ashi taught that even the opinion that holds that a Nasi may forego his honor agrees that a king may not!

1.

"Put a king upon you" - his fear should be upon you!

(e)

Answer: There was a fork in the road (so it was not evident that he deferred to the Kalah).

(f)

(Beraisa): We cease learning Torah to escort a Mes or a Kalah. R. Yehudah used to do so.

(g)

If enough people are at the funeral, we remain learning.

(h)

Question: What is considered enough?

(i)

Answer #1 - Version #1 (Rav Shmuel bar Ini): We need 12,000 men and 6,000 Shofar blowers (to announce the funeral).

(j)

Version #2: We need 12,000 men, of whom 6,000 blow Shofaros. (end of Version #2)

(k)

Answer #2 (Ula): We need enough people to reach from the gate of the city to the gravesite.

(l)

Answer #3 (Rav Sheshes): The taking of Torah is like its giving, with 600,000 people.

1.

This applies to one who learned written and oral Torah.

17b----------------------------------------17b

2.

For one who taught, there is no limit.

3)

CUSTOMS AT THE WEDDINGS OF VIRGINS

(a)

(Mishnah): If witnesses say that she went to Chupah with Hinuma...

(b)

Question: What is Hinuma?

(c)

Answer #1 (Surchav bar Papa): It is a dome of myrtle above her.

(d)

Answer #2 (R. Yochanan): It is a veil in which she dozes.

(e)

(Beraisa): In Yehudah, these customs (cited in the Mishnah) prove that she was a virgin.

(f)

Question: What constitutes a proof in Bavel?

(g)

Answer (Rav): (Women put) oil on the heads of the Chachamim.

(h)

Question (Rav Papa): Do Chachamim have warts, for which they need oil?!

(i)

Answer (Abaye): You are an orphan with respect to this custom! Did your mother never do it for you?!

1.

Version #1: Once, a Chacham married his son into the family of Rabah bar Ula. They anointed the Chachamim's heads with oil.

2.

Version #2: This was done when Rabah bar Ula married his son into the family of a Chacham.

(j)

Question: What is done at the wedding of a non-virgin?

(k)

Answer (Rav Yosef): They do not throw parched grain.

4)

ONE WHO CLAIMS THAT HE BOUGHT A FIELD FROM SHIMON'S FATHER

(a)

(Mishnah): R. Yehoshua agrees that if Reuven says to Shimon ('this field belonged to your father and I bought it from him', he is believed).

(b)

Question: (Since this is because 'the ox is not slaughtered in front of you'), why didn't the Tana teach that R. Yehoshua agrees that Reuven is believed to say 'this field was yours, and I bought it from you'?

(c)

Answer: If so, the Seifa would have to say 'if there are witnesses that it used to belong to Shimon, Reuven is not believed.' We cannot teach this if it used to be Shimon's!

1.

If Reuven has a Chazakah on the field (he used it for three years and no one protested, which proves that it is his), he should be believed!

2.

If Reuven has no Chazakah on the field, of course he is not believed!

(d)

Question: The same applies to our Mishnah (when he says 'I bought this field from your father')!

1.

If Reuven has a Chazakah on the field, he should be believed!

2.

If he has no Chazakah on the field, of course he is not believed!

(e)

Answer: Our Mishnah teaches about when Reuven used the field for two years in the life of Shimon's father, and one year after he died and it passed to Shimon (who was a minor. If there are witnesses that it used to belong to Shimon's father, Reuven is not believed.)

1.

This is like Rav Huna, who taught that one cannot make a Chazakah on the field of a child, even after the child grows up.

(f)

Question: Did Rav Huna merely teach the law of our Mishnah?!

(g)

Answer #1: This law is not explicit in the Mishnah, so Rav Huna taught it explicitly.

(h)

Answer #2: His Chidush is that one cannot make a Chazakah, even after the child grows up.

(i)

Question: The Mishnah should teach that Reuven bought the field from Shimon, and used the field two years in Shimon's presence, and one year when Shimon was away, e.g. he fled!

(j)

Answer: No matter why he fled, there is no Chidush!

1.

If he feared for his life, obviously Reuven is not believed! (Since Shimon was afraid to protest, uncontested use of the field is not a Chazakah.)

2.

If he fled for monetary concerns, he should have protested! We hold that a protest not in front of the Machazik (the one who claims that he bought it) is a good protest. (Shimon has a Chazakah, so obviously, he is believed!)

i.

(Mishnah): There are three regions in Eretz Yisrael regarding Chazakah: Yehudah, the other (east) side of the Jordan River, and Galil. A Chazakah is valid only if the Machazik was in the same region.

ii.

Question: If the Tana does not require a protest to be in front of the Machazik, a Chazakah should be valid even if they are in different regions! If he requires a protest to be in front of the Machazik, even if the Machazik is in the same region, it should not be a Chazakah if he is in a different city!

iii.

Answer (R. Aba bar Mamal): (Normally) he does not require a protest to be in front of the Machazik. The Mishnah discusses when there is a Cherem (people are not allowed to travel from one region to the other, so word does not spread).

iv.

Question: If so, why does the Mishnah discuss Yehudah and Galil? (It should discuss regions with a Cherem between them!)

v.

Answer: Our Mishnah teaches that we assume that there is a Cherem between Yehudah and Galil.

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