KESUVOS 55 - 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)

STIPULATIONS OF THE KESUVAH ARE LIKE THE KESUVAH

(a)

(Tosefes and other) stipulations of the Kesuvah are like the Kesuvah also regarding:

1.

Collecting from improvements made to his land after he died;

2.

An oath (to collect them);

3.

Collecting them after Shemitah;

4.

A man who wrote all his property to his sons (and something to his wife. We say that she pardoned her lien on his property);

5.

Collecting (only) from land;

6.

Collecting from lowest quality land;

7.

A widow living in her father's house (if she did not mention the Kesuvah in 25 years, she pardoned it);

8.

Kesuvas Benin Dichrin. (Each woman's sons receive her Kesuvah, including the Tosefes.)

2)

DISPUTES BETWEEN PUMBEDISA AND MASA MACHSIYA

(a)

(Chachamim of Pumbedisa): Kesuvas Benin Dichrin is not collected from land that was sold. The Mishnah says 'they will inherit.' (Heirs do not collect land that their father sold.)

(b)

(Chachamim of Masa Machsiya): It is collected from land that was sold. The Mishnah says 'they are owed.' (A creditor collects from sold land.)

(c)

The Halachah is, it is not collected.

(d)

If Metaltelim were designated to pay the Kesuvah and they are around, she collects them without an oath;

(e)

(Chachamim of Pumbedisa): Even if they are not around, she collects without an oath;

(f)

(Chachamim of Masa Machsiya): She must swear.

(g)

The Halachah is, she does not swear.

(h)

If land designated to pay the Kesuvah was delimited in all four directions, she collects it without an oath;

(i)

(Chachamim of Pumbedisa): Even if only one border was specified, she collects without an oath;

(j)

(Chachamim of Masa Machsiya): She must swear.

(k)

The Halachah is, she does not swear.

(l)

If Reuven told witnesses 'write, sign and give a deed (of land) to Ploni', if they acquired (through Chalipin, transferal of a garment) on behalf of Ploni, they fulfill the command without consulting with Reuven again.

(m)

(Chachamim of Pumbedisa): (Even) if they did not acquire for Ploni, they need not consult again;

(n)

(Chachamim of Masa Machsiya): They must consult.

(o)

The Halachah is, they must consult.

3)

DO WE FOLLOW ASSESSMENT?

(a)

(Mishnah - R. Elazar ben Azaryah): (If she was widowed or divorced from Eirusin, she does not receive Tosefes, for this was on condition that they have Nisu'in.)

(b)

Rav and R. Nasan argue about whether or not the Halachah follows R. Elazar ben Azaryah.

(c)

Suggestion: R. Nasan is the one who says that the Halachah follows R. Elazar ben Azaryah, since he follows estimation.

1.

(R. Nasan): The Halachah follows R. Shimon Shezuri regarding the following:

i.

One who is about to die. (If he commanded to write a Get for his wife, but neglected to say to give it, we assume that he wanted to give it.)

55b----------------------------------------55b

ii.

Terumas Ma'aser of Demai. (If one separated Terumas Ma'aser from doubtfully tithed produce and it became mixed with Chulin, we believe the seller to say that the produce was tithed.)

(d)

Question: Also Rav follows estimation!

1.

(Rav): If a Shechiv Mera (a sick person who fears lest he die) wrote a gift document that says that an acquisition was made, this gives the recipient both advantages:

i.

It is like the gift of a healthy person, in which the giver cannot retract;

ii.

It is like the gift of a Shechiv Mera, in which the giver can transfer a loan owed to him.

2.

(Shmuel): I do not know how to judge this.

i.

Perhaps he intended that the gift should take effect only through the document (and Chalipin), which cannot work after he dies.

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