KESUVOS 48 - 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)

THE OBLIGATION TO FEED ONE'S WIFE (cont.)

(a)

R. Elazar ben Yakov says, "She'erah Kesusah" - give to her clothing according to her age;

1.

Do not give to a girl clothing fitting for an older woman, nor clothing fitting for a girl to an older woman;

(b)

"Kesusah v'Onasah" - give clothing fitting for the season;

1.

Do not give new clothing in summer, nor worn clothing in winter.

(c)

(Rav Yosef - Beraisa): "She'erah" - he should have Bi'ah without clothing, unlike the Persians who have Bi'ah clothed.

(d)

This supports Rav Huna, who said that if a man agrees to have Bi'ah only clothed, he must divorce his wife and pay a Kesuvah (if she desires).

(e)

(Mishnah - R. Yehudah): Even the poorest Yisrael must have two flutists and a woman to arouse wailing at his wife's funeral.

(f)

Inference: The first Tana does not require this.

(g)

Question: What is the case?

1.

If it is her family's custom to have this, the first Tana should agree!

2.

If it is not her family's custom to have this, why does R. Yehudah require it?

(h)

Answer: It is his family's custom, but not her family's;

1.

All agree that she rises with him (when his family's customs are greater) but does not descend (when his customs are lower). The first Tana holds that this applies only in her lifetime, but not after her death;

2.

R. Yehudah holds that she rises with him even after her death.

(i)

(Rav Chisda): The Halachah follows R. Yehudah.

2)

FOR WHAT DO SPEND MONEY OF ONE WHO WENT AWAY?

(a)

(Rav Chisda): If a man went insane, Beis Din takes from his property to feed his wife and children, and for something else (this will be explained).

(b)

Question (Ravina): Why is this different than the following?

1.

(Beraisa): If a man went overseas and his wife demands food, Beis Din takes from his property to feed her, but not to feed his children or for something else.

(c)

Answer (Rav Ashi): We distinguish between one who left intentionally and one who left unintentionally.

(d)

Question: What is 'something else'?

(e)

Answer #1 (Rav Chisda): It is cosmetics (for his wife).

(f)

Answer #2 (Rav Yosef): It is Tzedakah.

(g)

Rav Chisda, who says that we do not give to her cosmetics, certainly agrees that we do not give Tzedakah from his property;

1.

Rav Yosef, who says that we do not give Tzedakah from his property, would say that we give to her cosmetics. Her husband does not want her to become repulsive.

(h)

(R. Chiya bar Avin): If a man went overseas and his wife died, Beis Din takes from his estate to bury her, according to his honor.

(i)

Question: Do we bury her according to his honor, but not according to hers?!

(j)

Correction: Rather, we bury even according to his honor.

1.

This teaches that she ascends with him and does not descend, even after she dies.

(k)

(Rav Masnah): If one said 'if my wife dies (after me), do not bury her', we heed his words.

(l)

Question: Do his words cause his property to fall to his heirs? Even had he said nothing, this would happen (and surely, they need not bury her)!

(m)

Correction: Rather, if he says 'do not bury me from my property (Rashi - rather, from Tzedakah)', we ignore his words;

1.

He cannot benefit his children by imposing on the congregation.

3)

ENTERING THE HUSBAND'S RESHUS

(a)

(Mishnah): A girl is always in her father's Reshus (jurisdiction), until she enters her husband's Reshus for Nisu'in;

48b----------------------------------------48b

(b)

If her father gave her over to her husband's Sheluchim, she is in her husband's Reshus;

(c)

If the father or his Sheluchim went with her husband's Sheluchim, she is in her father's Reshus;

(d)

If her father's Sheluchim gave her to the husband's Sheluchim, she is in her husband's Reshus.

(e)

(Gemara) Question: Why does it say she is always in her father's Reshus?

(f)

Answer: This shows that our Mishnah disagrees with the original version of the Mishnah:

1.

(Mishnah): If the time that an Arus and his Arusah set for Nisu'in came and they were not married, she eats Terumah (if he is a Kohen) and is fed from his property.

2.

'Always' shows that our Mishnah argues.

4)

FOR WHAT IS SHE GIVEN OVER?

(a)

(Mishnah): If her father gave her over to the husband's Sheluchim, she is in her husband's Reshus.

(b)

(Rav): She is given over for all laws, except for eating Terumah.

(c)

(Rav Asi): She is given over even for Terumah.

(d)

Question (against Rav Asi - Rav Huna - Beraisa): She is always in her father's Reshus, until she enters the Chupah.

(e)

Objection (Rav): Do not challenge a teaching based on your understanding of a Mishnah or Beraisa that can be learned differently!

1.

Rav Asi can say that giving her over to the Sheluchim is entering Chupah!

(f)

(Shmuel): After she is given over, the husband becomes her heir.

(g)

(Reish Lakish): Giving her over is considered like Chupah regarding the Kesuvah.

(h)

Question: What does this mean?

1.

If it means that he inherits the Kesuvah if she dies, this is just like Shmuel!

(i)

Answer (Ravina): If she remarries (after becoming widowed or divorced) her Kesuvah from the new husband is 100.

(j)

(R. Yochanan): She is given over for all laws of marriage, even Terumah.

(k)

Question (Beraisa): If the father or his Sheluchim went with the husband's Sheluchim, or if she entered her courtyard with her husband to lodge, if she dies, her father inherits her. This is even if the husband has (the Metaltelim (movable objects) designated for) the Kesuvah (dowry);

1.

If the father or his Sheluchim gave her over to the husband's Sheluchim, or if she entered the husband's courtyard with him for Nisu'in, if she dies, her husband inherits her. This is even if her father has the Kesuvah.

2.

This applies only to inheritance. She may not eat Terumah until Chupah.

3.

This refutes all the Amora'im (other than Shmuel).

(l)

Question: Contradictory inferences can be made from the Beraisa.

1.

'If she entered her courtyard with him to lodge' implies that Stam (unspecified), it is for Nisu'in!

2.

'If she entered his courtyard with him for Nisu'in' implies that Stam, it is to lodge!

(m)

Answer (Rav Ashi): The Beraisa teaches the Stam cases;

1.

We assume that entering her courtyard is to lodge. Entering his is for Nisu'in.

5)

CAPITAL PUNISHMENT

(a)

(Beraisa): If her father gave her to the husband's Sheluchim and she was Mezanah, she is strangled.

(b)

(Rav Ami bar Chama): "To be Mezanah in her father's house" excludes this case (from stoning).

(c)

Question: Perhaps it excludes a girl that had Chupah without Bi'ah!

(d)

Answer (Rava citing Ami): Another verse teaches that she is not stoned after Chupah:

1.

"Na'arah Besulah Me'orasah" excludes a Bogeres, a non-virgin and a Nesu'ah.

i.

If 'Nesu'ah' truly refers to a full Nesu'ah (after Chupah and Bi'ah), "Besulah" excludes her!

2.

Rather, "Me'orasah" excludes Chupah without Bi'ah.

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