Kesuvos 103 (Shmini Atzeres) - l'Iluy Nishmas Chaim Noach ben ha'Chaver Reb Yehudah (Kruskal). Dedicated by his son and family.

1)

ONE WHO DOES NOT NEED LIKE HE STIPULATED [line 2]

(a)

(Mishnah): Both husbands cannot say...

(b)

A case occurred in which Reuven rented a mill to Shimon. They agreed that in lieu of paying, Shimon would grind Reuven's grain. Reuven waxed rich, and bought a mill and a donkey to grind.

1.

Reuven: Until now, you were grinding for me. Now (I do not need this, so) pay me money.

2.

Shimon: No, I will continue to grind for you.

(c)

(Ravina): This is like our Mishnah. The husbands cannot say 'we will feed her together.' Rather, one feeds her, and the other gives to her the monetary equivalent.

(d)

Rejection (Rav Avira): The cases are different! A girl has no use for two portions of food. Shimon can tell Reuven, use your grinder to grind and sell to others, and I will grind for you!

1.

This is only if Shimon cannot find people who will pay him to grind for them. If he could find such people, we do not allow Midas Sedom. (He can help Reuven without losing himself by grinding for others instead of for Reuven, so we force him to do so.)

2)

THE WIDOW REMAINS WHERE SHE WAS LIVING [line 15]

(a)

(Mishnah): If a widow does not want to leave the house of her deceased husband, the orphans cannot say 'Return to your father's house; and we will feed you there.' Rather, they feed her, and give to her living quarters according to her honor;

(b)

If she says 'I want to stay in my father's house' the orphans can say 'we will feed you only if you are by us';

1.

If she claims that she must stay in her father's house (to avoid suspicion) because both she and they are young, they feed her in her father's house.

(c)

(Gemara - Beraisa): She lives in the house like in her husband's lifetime. The same applies to using slaves, pillows and blankets, and gold and silver Kelim.

1.

Her husband wrote in the Kesuvah 'You will live in my house and be fed from my property your entire widowhood.'

(d)

(Rav Yosef - Beraisa): He wrote 'in my house' - not in my hut. (If his dwelling was small, he did not write that she will expel his children to live there.

(e)

(Rav Nachman): If orphans sold a widow's quarters, the sale is invalid.

(f)

Question: Why is this different than R. Asi's law?

1.

(R. Asi): If orphans sold property of a small estate (i.e. the estate will not suffice to feed the children until the daughters grow up), the sale is valid.

(g)

Answer: There, there was no lien on the property in the father's lifetime. Here, there was.

(h)

(Abaye): The Halachah is, if a widow's quarters fell, the heirs need not rebuild it.

1.

Support (Beraisa): If a widow's quarters fell, the heirs need not rebuild it. Further, if she wants to rebuild it herself, they can stop her.

(i)

Question (Abaye): If she strengthened it before it fell, what is the law? (Rashi; Tosfos - may she strengthen it before it falls?)

1.

This question is unresolved.

(j)

(Mishnah): If she said (... they need not feed her unless she is with them).

(k)

Question: The orphans should feed her there!

(l)

Answer: The Mishnah supports Rav Huna:

1.

(Rav Huna): (More) Berachah rests on a bigger household.

(m)

Question: They should feed her and deduct the loss due to the smaller household!

(n)

Answer: Indeed, they do.

(o)

(Rav Huna): Chachamim teach how to obtain Berachah (like we taught), wealth, and cures;

1.

Wealth - (Mishnah): If Reuven is buying produce and he took it to his Reshus but did not measure it, he acquired it. If he measured it but did not pull it, he did not acquire it.

i.

If he is clever, he rents the place where the produce is (and acquires it right away).

2.

Cures - (Mishnah): A person may not chew wheat on Pesach and put it on a wound, because the wheat will become Chametz.

3)

REBBI'S PASSING [line 38]

(a)

(Beraisa): When Rebbi passed away, he instructed his sons: be careful to honor your mother, and leave a light burning in my place, and the table and bed set. Yosef of Chaifa and Shimon of Efrat served me in my lifetime; they will serve me in my death.

1.

Question: Why did he need to tell them to honor their mother? This is mid'Oraisa!

2.

Answer: He referred to his wife (she was not their mother).

3.

Question: This is also mid'Oraisa!

i.

(Beraisa): "Kaved Es Avicha v'Es Imecha l'Ma'an Ya'arichu Yamecha" - the first "Es" includes your father's wife. The second includes your mother's husband. The 'Vav' (in v'Es) includes your older brother.

4.

Answer: The Torah commands to honor a parent's spouse in the parent's lifetime.

(b)

(Beraisa): Leave a light burning in my place, and the table and bed set.

(c)

Question: Why did Rebbi request this?

(d)

Answer: Every week, when Shabbos entered, Rebbi returned to his house.

1.

Once, a neighbor called on the porch and Rebbi's slave asked her to be quiet, lest she disturb Rebbi.

2.

Rebbi stopped coming, lest (it become known that he was returning and) people look down on previous Tzadikim who did not return.

(e)

(Beraisa): Yosef of Chaifa and Shimon of Efrat served me in my lifetime; they will serve me in my death.

(f)

People thought that Rebbi meant that they would serve him in this world (in his burial). When they saw that Yosef and Shimon died before Rebbi, they realized that he meant that they will serve him in the world to come.

1.

He knew that they would die before him. He feared lest people suspect that Yosef and Shimon did not have merits of their own and lived only in Rebbi's merit (and therefore they did not merit to engage in his burial).

2.

To disprove this, he made it known that they would serve him in the next world.

(g)

Rebbi charged Chachamim 'Do not eulogize me in medium cities. Thirty days after my death, people should learn. My son Shimon is the Chacham, my son Gamliel will be the Nasi, and Chanina bar Chama will head the academy.

103b----------------------------------------103b

1.

People thought that Rebbi did not want to exert them to eulogize him in medium cities (rather, in villages).

2.

When they saw that he was eulogized in the great cities and everyone came, they realized that he intended to make it more honorable.

(h)

'Thirty days after my death, people should learn.' He reasoned that people should not mourn over him longer than over Moshe Rabeinu - "Bnei Yisrael cried over Moshe... for 30 days".

1.

For 30 days, they eulogized Rebbi day and night. After that, he would be eulogized by day and they learned at night, or vice-versa.

2.

This continued for 12 months.

(i)

The day Rebbi passed away, a voice from Shamayim proclaimed that all who were at the passing of Rebbi are prepared for the world to come.(without any punishment).

1.

There was a launderer who used to come in front of Rebbi every day. The day Rebbi expired, he did not come. When he heard, he jumped off the roof out of anguish.

2.

A voice from Shamayim declared that also the launderer is prepared for the world to come.

(j)

Question: What did Rebbi mean when he said 'My son Shimon is the Chacham'?

(k)

Answer: Even though Shimon is the bigger Chacham, Gamliel will be the Nasi.

(l)

Question (Levi): Did Rebbi really need to say this?

(m)

Answer (Shimon): Yes!

(n)

Question: Why? "He gave the kingship to Yehoram, since he was the firstborn".

(o)

Answer: Yehoram replaced his father (he was as qualified as any of his brothers), but Gamliel did not.

(p)

Question: If so, why did Rebbi make him Nasi?

(q)

Answer: Gamliel did not replace his father regarding Chochmah, but regarding fear of sin, he did.

4)

THE LEADERS AFTER REBBI [line 21]

(a)

Rebbi said 'Chanina bar Chama will head the academy', but Chanina refused, because R. Efes was two and a half years older.

(b)

R. Efes led the academy, and R. Chanina sat outside (he did not want to be inside and need to be submissive to R. Efes). Levi learned with R. Chanina outside.

(c)

R. Efes died. R. Chanina then led the academy, and Levi had no one to learn with (Levi did not want to be inside and need to be submissive to R. Chanina), so he went to Bavel.

(d)

They told Rav 'a great Chacham arrived in Nehardai. He limps, and he permits wearing a Kalah's crown outside on Shabbos. (Only distinguished women wear it, so we are not concerned lest she take it off to show others.) '

1.

Rav: It must be that R. Efes died, R. Chanina led the academy, and Levi had no one to learn with, so he came to Bavel.

2.

Question: How did Rav know this? Perhaps R. Chanina died, and Levi had no one to learn with, so he came to Bavel!

3.

Answer #1: Levi would sooner have been submissive to learn in the academy under R. Efes rather than come to Bavel.

4.

Answer #2: Since Rebbi said that R. Chanina would head the academy, it had to happen - "(A Tzadik) decrees and it will be fulfilled."

(e)

Question: R. Chiya was around. Why didn't Rebbi appoint him to lead the academy?

(f)

Answer #1: R. Chiya had already died.

(g)

Objection: But R. Chiya said 'I saw Rebbi's coffin and cried over it'!

(h)

Answer: We must switch that (Rebbi cried over R. Chiya's coffin).

(i)

Objection: R. Chiya said 'The day Rebbi died, Kedushah ended!'

(j)

Answer: We must switch that.

(k)

Objection (Beraisa): When Rebbi got sick, R. Chiya came to visit him and found him crying.

1.

R. Chiya: Why are you crying?!

i.

(Beraisa): If one dies amidst laughter, it is a good sign. If he dies amidst crying, it is a bad sign.

ii.

If his face is up, it is a good sign. If his face is down, it is a bad sign.

iii.

If he is facing the people, it is a good sign. If he is facing the wall, it is a bad sign.

iv.

If his face is green, it is a bad sign. If his face is radiant and red, it is a good sign.

v.

If he dies on Erev Shabbos, it is a good sign; after Shabbos is a bad sign;

vi.

If he dies on Erev Yom Kipur, it is a bad sign; after Yom Kipur is a good sign;

vii.

If he dies from stomach sicknesses, it is a good sign, since most Tzadikim die from stomach sicknesses.

2.

Rebbi: I am crying because of the Torah and Mitzvos I will no longer have.

(l)

Answer: The Beraisa must be switched.

(m)

Answer #2 (to Question (e)): We need not switch anything. Rebbi did not appoint R. Chiya to lead the academy, lest it distract him from Mitzvos.

1.

R. Chanina claimed precedence over R. Chiya, because he was learned enough to return Torah to Yisrael if it would be forgotten;

2.

R. Chiya claimed precedence over R. Chanina, because he ensured that Torah would not be forgotten!

i.

R. Chiya planted flax, set traps, caught deer, fed the meat to orphans, made parchments from the skin, and he went to a city without teachers for children. He wrote each Sefer of the Torah on a parchment. He took five children, and taught to each one Sefer. He took six children, and taught one Seder of the Mishnah to each.

ii.

He told each child to teach what he knew to the others.

3.

Rebbi: How great are the deeds of R. Chiya!

4.

Shimon (Rebbi's son): Are they greater even than your deeds?

5.

Rebbi: Yes.

6.

R. Yishmael b'Rebbi Yosi: Are they greater than my father's deeds?

7.

Rebbi: That will never happen.

(n)

Before he died, Rebbi taught to Shimon how Chachamim should act.

(o)

Before he died, Rebbi taught Gamliel how the Nasi should act:

1.

Sit among the great Chachamim, and instill fear in the Talmidim.

2.

Objection: We learned that "He will honor those who fear Hash-m" refers to Yehoshafat, who would rise from his throne to hug and kiss Chachamim, and would greet them 'Rebbi, Rebbi, my teacher, my teacher'!

3.

Answer: That was in private. In public, one instills fear in them.

(p)

(Beraisa): Rebbi was in Tzipori, and his grave was prepared in Beis She'arim.

(q)

Question (Beraisa): "Pursue justice" - go to (an expert judge, like) Rebbi in Beis She'arim.

(r)

Answer: Rebbi was in Beis She'arim. When he got sick, they took him to Tzipori, since it is elevated and has good air.