KESUVOS 47 - 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.

1)

PRIVILEGES A FATHER HAS IN HIS DAUGHTER (cont.)

(a)

(Mishnah): He receive her Metzi'os.

(b)

This is to avoid resentment (which could induce him to cease to feed her or be Mekadesh her to a disgusting person).

(c)

(Rav Huna): We learn that a man receives his daughter's earnings from "When a man will sell his daughter to be a slave".

1.

Just like a slave's earnings belong to her master, a girl's earnings belong to her father.

(d)

Question: This applies only to a minor, whom he can sell. He cannot sell a Na'arah. Perhaps she keeps her earnings!

(e)

Answer #1: Surely, he must receive them. If not, how did the Torah authorize him to send her to Chupah, and interrupt her work!

(f)

Objection (Rav Achai): Perhaps he compensates her for the lost work, or he sends her to Chupah at night or on Shabbos or Yom Tov (when she does not work)!

(g)

Answer #2: The Hekesh (equating her to a slave) is not needed for a minor. Since he can sell her, obviously he owns her earnings!

1.

The Hekesh teaches about a Na'arah.

(h)

(Mishnah): He can annul her vows.

(i)

We learn from "Bi'N'ureha Beis Aviha".

(j)

(Mishnah): He can receive her Get.

(k)

"She was divorced... and became Mekudeshes" equates divorce and Kidushin;

1.

Just like he receives her Kidushin, he receives her Get.

(l)

(Beraisa): A father does not eat the Peiros of his daughter's property in her lifetime;

(m)

R. Yosi bar Yehudah says, he does.

(n)

The first Tana holds that Chachamim enacted only for a husband to eat the Peiros of his wife's property. If not, he might not redeem her if she is captured;

1.

This concern does not apply regarding a father (he would redeem her in any case).

(o)

R. Yosi bar Yehudah says that the same concern applies to a father. He will resent that he did not benefit from her property.

2)

IS A DOWRY COLLECTED IF SHE DIED BEFORE NISU'IN?

(a)

(Beraisa): If a father wrote that he will send his daughter into Nisu'in with fruit, clothing and Kelim and she died during Eirusin, the husband does not receive them;

(b)

R. Nasan says that he does.

(c)

Suggestion: These Tana'im argue like R. Elazar ben Azaryah and Chachamim:

1.

(Mishnah): If she was widowed or divorced, whether from Eirusin or Nisu'in, she collects the entire Kesuvah;

2.

R. Elazar ben Azaryah says, if it was from Nisu'in she collects the full Kesuvah. If it was from Eirusin she collects only the basic Kesuvah (100 or 200).

i.

Anything above this was written only on condition that he make Nisu'in.

47b----------------------------------------47b

3.

Chachamim of the Beraisa say that he does not receive the dowry, like R. Elazar ben Azaryah. R. Nasan says that he receives it, like Chachamim of the Mishnah.

(d)

Rejection: No, even R. Nasan holds like R. Elazar ben Azaryah;

1.

R. Elazar ben Azaryah said only that the husband pays Tosefes only if he did Nisu'in, but he could agree that her father gives even if they never have Nisu'in;

2.

The father gives because the families become united, and this happens through Kidushin.

3)

THE OBLIGATION TO FEED ONE'S WIFE

(a)

(Beraisa): Chachamim enacted that a man feed his wife, to compensate for receiving her earnings;

(b)

He must bury her, in exchange for inheriting her;

(c)

Therefore, he eats the Peiros of her property.

(d)

Objection: The Beraisa did not mention Peiros!

(e)

Answer: The Beraisa is abbreviated. It means as follows:

1.

Chachamim enacted that a man feed his wife, to compensate for receiving her earnings. He redeems her, in exchange for the Peiros of her property. He buries her, in exchange for inheriting her;

2.

Therefore, he eats the Peiros of her property.

(f)

Question: Why does it say 'therefore'?

(g)

Answer: One might have thought that he should not eat the fruit, rather it should be stored;

1.

This is not good, for when it does not suffice to redeem her he might refrain from paying the difference.

(h)

Question: Why don't we say oppositely (that he feeds her in exchange for her Peiros, and redeems her in exchange for her earnings)?

(i)

Answer (Abaye): Chachamim enacted what is common in exchange for what is common (food for earnings), and what is rare in exchange for what is rare (redemption for Peiros).

(j)

(Rava): The following Tana holds that the Torah obligates a man to feed his wife:

1.

(Beraisa): "She'erah" is food, like it says "Va'Asher Ochlu She'er Ami (they ate the flesh of my people)";

2.

"Kesusah" is understood simply (clothing);

3.

"Onasah" is the frequency of Bi'ah that the Torah commands, like it says, "If Ta'aneh (you will refrain from Bi'ah with) my daughters";

4.

R. Elazar says, "She'erah" is Bi'ah at the proper frequency, like it says "A man will not have Bi'ah with his She'er (relatives)";.

5.

"Kesusah" is understood simply;

6.

"Onasah" is food, like it says, "Va'Ya'ancha (He afflicted you and made you hungry)".

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