1)

WHO BURIES A SHOMERES YAVAM? (cont.)

(a)

Support (Abaye - Mishnah): A widow is fed from the orphans' property. They receive her earnings, and need not bury her. Her heirs who inherit her Kesuvah must bury her.

1.

Question: Which widow has two sets of heirs? (The Mishnah needed to specify which heirs, i.e. those who inherit her Kesuvah!)

2.

Answer: It is a Shomeres Yavam.

(b)

Question (Rava): Why can't the Yavam say 'I inherit my brother (including the 200 Zuz he was prepared to pay if necessary. I do not inherit a dowry from her, so) I will not bury his wife'?

(c)

Answer (Abaye): Her heirs can force him to accept one of the following terms:

1.

Do you say 'I inherit my brother (and the Kesuvah was never due to be paid, for I am in place of him, so it is as if she died first)'? If so, you must bury her (like he would have had to bury her)!

2.

If you will not bury her, you must pay her Kesuvah!

(d)

Question (Rava): (He need not accept either of these. Even though he is not totally like his brother,) her Kesuvah was never due to be paid in his brother's lifetime (because she was never permitted to marry someone else)!

(e)

Answer (Abaye): Only Beis Shamai expound the text of the Kesuvah (that it is due to be paid only when she may remarry). They consider a document destined to be collected as if it was collected!

1.

(Mishnah - Beis Shamai): If a Sotah's husband died before she drank, she receives her Kesuvah;

2.

Beis Hillel say, either she drinks or does not receive her Kesuvah.

3.

Objection: She cannot drink, for we cannot fulfill "The man will bring his wife"!

4.

Correction: Rather, since she does not drink, she does not receive a Kesuvah.

5.

Question: Why do Beis Shamai say that she receives her Kesuvah? Her claim to a Kesuvah is Safek (if she is guilty she deserves nothing), but his heirs surely inherit!

6.

Answer: Beis Shamai consider a document destined to be collected as if it was collected.

(f)

Question: Why do they consider the Kesuvah as if it was collected? The Kesuvah says 'When you will (be permitted to) marry another (man), you will collect.' A Shomeres Yavam cannot marry another!

(g)

Answer (Rav Ashi): The Yavam is considered 'another'.

2)

IS THE KESUVAH CONSIDERED TO BE COLLECTED IN HIS LIEFTIME?

(a)

Question (Rava, against Abaye): A Kesuvah is not considered to be collected in the lifetime of the Yavam!

1.

(Beraisa - R. Aba): If a Yavam wants to sell property that he inherited from his brother:

i.

If he is a Kohen, he should appease his wife so she will agree;

ii.

If he is a Yisrael, he can divorce her and remarry her.

81b----------------------------------------81b

2.

If we consider the Kesuvah to be collected in his lifetime, he could designate an amount sufficient to pay the Kesuvah and sell the rest!

3.

Counter-question (Abaye): Why didn't you ask from the Mishnah?

i.

(Mishnah): He (a Yavam) should not tell her 'Your Kesuvah is on the table.' Rather, there is a lien on all his property to pay the Kesuvah.

4.

Answer: That is merely good advice (Ri - lest he be quick to divorce her; Rashba - lest he be unable to spend the money; Rashi - lest he spend it and need to write a new Kesuvah).

5.

Support (Seifa): Similarly, a man should not tell his wife 'Your Kesuvah is on the table.' Rather, there is a lien on all his property to pay the Kesuvah.

i.

Surely a married man can sell his property! Rather, this is just advice. Also regarding the Yavam, it is just advice.

(b)

The Beraisa is still difficult (if he could designate enough for the Kesuvah, surely this is better than divorcing her)!

(c)

Answer: Also that is good advice, to avoid resentment. (Designating money for the Kesuvah makes it look like he plans to divorce her. If he divorces her and immediately remarries her, she realizes that this was only to be able to use the money.)

3)

CAN A YAVAM SELL THE PROPERTY OF THE DECEASED?

(a)

A woman fell to Yibum in Pumbedisa. Levi planned to give to her a Get (which forbids her mid'Rabanan to all the brothers), to prevent his older brother Reuven from doing Yibum.

1.

Reuven: Do you seek to prevent me from (doing Yibum and) inheriting our brother's property myself? I will split it with you!

(b)

(Rav Yosef): Since Chachamim said that the property may not be sold, Reuven's sale (or gift) is void.

1.

(Beraisa): If a woman fell to Yibum, even if the Mes left 100 Maneh and the Kesuvah is only one Maneh, there is a lien on all the property. The Yavam may not sell any of it.

(c)

Question (Abaye): Sometimes Chachamim forbade selling, but b'Di'eved the sale is valid!

1.

(Mishnah - Beis Shamai): (If property fell to an Arusah,) she may sell it;

2.

Beis Hillel say, she may not sell it.

3.

They agree that if she sold or gave it, the sale or gift stands.

(d)

Answer (R. Chanina bar Papi): Rav Yosef's ruling is correct.

(e)

Abaye: What good is his answer? He did not give any reason!

(f)

Rav Minyomi brei d'Rav Nechumi agreed with Abaye, but asked if Rav Yosef could find support for his ruling.

(g)

Support (Rav Yosef for himself - Beraisa): Reuven owed money to his brother Levi. Levi died and his wife fell to Yibum. Reuven cannot say 'since I inherit, the money will stay by me.' Rather, we take the money from him, buy land with it, and he eats the Peiros.

(h)

Objection (Abaye): Perhaps the Beraisa is merely good advice.

(i)

Answer (Rav Yosef): It says 'we take from him.' You cannot say that this is just good advice!

(j)

Rav Minyomi: Rav Nachman said that this Beraisa is erroneous.

(k)

Question: What is wrong?

1.

Suggestion: A loan is like Metaltelim, and a Kesuvah is not collected from Metaltelim.

2.

Rejection: Perhaps the Beraisa is like R. Meir, who says that a Kesuvah is collected from Metaltelim!

3.

Suggestion: He can say to her 'you have no claim against me.'

4.

Rejection: Perhaps the Beraisa is like R. Nasan!

i.

(Beraisa - R. Nasan): "v'Nasan la'Asher Asham Lo (to whom the principal belongs)" teaches that if Shimon owes to David and David to Moshe, we take from Shimon to pay Moshe.

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