KESUVOS 49 - 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.
 


12th CYCLE DEDICATION
KESUVOS 49 (7 Cheshvan) - in honor of ha'Gaon Rav Meir Shapiro, creator of the Dafyomi study cycle. (See www.dafyomi.co.il/dafyomi.htm for more on the Rav and his Yahrzeit.)

1)

(a)In which way is the Pasuk in Matos "v'Neder Almanah u'Gerushah ... Yakum Alehah" superfluous?

(b)What is it therefore coming to teach us?

(c)How does ...

1. ... Rav Papa substantiate this Derashah from the Mishnah in Sanhedrin: 'ha'Ba al Na'arah ha'Me'orasah, Eino Chayav ad she'Tehei Na'arah, Besulah, Me'orasah, v'Hi b'Veis Avihah'?

2. ... Rav Nachman bar Yitzchak substantiate it from the Mishnah there: "ha'Ba al Eshes Ish, Keivan she'Nichnesah li'Reshus ha'Ba'al, af-al-pi she'Lo Niv'elah, ha'Ba Alehah Harei Zeh b'Chenek'?

1)

(a)The Pasuk "v'Neder Almanah u'Gerushah ... Yakum Alehah" is superfluous - inasmuch as, seeing as she has no father and no husband to nullify her vows, why would we have thought otherwise?

(b)The Pasuk therefore comes to teach us - that a woman who became a widow (or was divorced) after having been handed over to the Chasan's Sheluchim without having been under the Chupah, does not return to the domain of her father.

(c)Rav ...

1. ... Papa substantiates this Derashah from the final phrase in the Mishnah in Sanahedrin: 'ha'Ba al Na'arah ha'Me'orasah, Eino Chayav ad she'Tehei Na'arah, Besulah, Me'orasah, v'Hi b'Veis Avhihah', which can only be coming to preclude such a case (seeing as we already preclude Bogeres, Be'ulah and Nesu'ah from 'Na'arah', 'Besulah' and 'Me'orasah' respectively).

2. ... Nachman bar Yitzchak substantiates it from the Lashon of the Mishnah there: "ha'Ba al Eshes Ish, Keivan she'Nichnesah li'Reshus ha'Ba'al (but not 'she'Nichnesah l'Chupah'), Af Al Pi she'Lo Niv'elah, ha'Ba Alehah Harei Zeh b'Chenek'.

2)

(a)What did Rebbi Elazar ben Azaryah in our Mishnah, Darshen in front of the Chachamim in Yavneh from the wording of the two Takanos 'ha'Banim Yirshu, v'ha'Banos Yazunu' (both contained in the Kesuvah)?

(b)On what occasion did he make this Derashah?

(c)Why is the Sanhedrin referred to as 'Kerem'?

(d)What is the Takanah of 'ha'Banim Yirshu'?

2)

(a)From the wording of the two Takanos 'ha'Banim Yirshu, v'ha'Banos Yazunu' (both contained in the Kesuvah) Rebbi Elazar ben Azaryah in our Mishnah, Darshened in front of the Chachamim in Yavneh - that the obligation for daughters to be fed from one's property only applies after death, in the same way as sons only inherit after their father's death.

(b)He made this Derashah - on the day that he was appointed Nasi of the Sanhedrin.

(c)The Sanhedrin is referred to as 'Kerem' - because the Dayanim sat in rows like trees in a vineyard (a particularly apt Mashal, seeing as the deep understanding of Torah is compared to wine).

(d)The Takanah of 'ha'Banim Yirshu' - refers to 'Kesuvas Benin Dichrin' (that the male sons born to the woman from her husband inherit her Kesuvah).

3)

(a)According to Rebbi Meir in a Beraisa, it is a Mitzvah (though not an obligation) for a man to feed his daughters, 'Kal va'Chomer' his sons; according to Rebbi Yehudah, it is a Mitzvah to feed his sons, 'Kal va'Chomer' his daughters. Why is it a 'Kal va'Chomer' to feed ...

1. ... one's sons, according to Rebbi Meir?

2. ... one's daughters, according to Rebbi Yehudah?

(b)What does Rebbi Yochanan ben Berokah hold? What does 'Chovah' mean?

(c)Which two inferences can we make from our Mishnah 'ha'Av Eino Chayav bi'Mezonos Bito, that does not seem to conform with any of the opinions in the Beraisa?

3)

(a)According to Rebbi Meir in a Beraisa, it is a Mitzvah (though not an obligation) for a man to feed his daughters during his lifetime, 'Kal va'Chomer' his sons; according to Rebbi Yehudah, it is a Mitzvah to feed his sons, 'Kal va'Chomer' his daughters. It is a 'Kal va'Chomer' to feed ...

1. ... one's sons, according to Rebbi Meir - because they are obligated to study Torah.

2. ... one's daughters, according to Rebbi Yehudah - because it is more degrading for a woman to go begging than it is for a man.

(b)Rebbi Yochanan ben Berokah holds - that it is a Chovah (an obligation) for a man's daughters to be fed after his death, but not even a Mitzvah for him to feed them during his lifetime.

(c)We can infer from our Mishnah 'ha'Av Eino Chayav bi'Mezonos Bito - that he is Chayav to feed his sons during his lifetime, and that even though he is not obligated to feed his daughters then, it is nevertheless a Mitzvah to do so. This does not seem to conform with any of the opinions in the Beraisa.

4)

(a)How do we reconcile our Mishnah with the opinion of ...

1. ... Rebbi Meir? Why does the Tana mention 'daughter', and not 'son' (what would we have thought had he mentioned 'son')?

2. ... Rebbi Yehudah? Why does the Tana mention 'daughter' and not 'son' (what would we have thought had he mentioned 'son')?

3. ... Rebbi Yochanan ben Berokah?

(b)According to Rebbi Yochanan ben Berokah, why does the Tana mention specifically 'daughter', and why does he say 'Chayav'?

4)

(a)We reconcile our Mishnah with the opinion of ...

1. ... Rebbi Meir - by equating 'son' and 'daughter' in the initial statement ('ha'Av Eino Chayav bi'Mezonos Bito'), from which we can infer that feeding even his daughter is a Mitzvah. Had the Tana mentioned 'son' (rather than 'daughter'), we would have inferred that it is a Mitzvah to feed his sons (who are obligated to study Torah) but not his daughters.

2. ... Rebbi Yehudah - (as well) by equating 'son' and 'daughter' in the initial statement. Had the Tana mentioned 'son', we would have said that as far as a daughter is concerned, he is even obligated to feed her (to avoid her embarrassment).

3. ... Rebbi Yochanan ben Berokah - (too) by equating 'son' and 'daughter' in the initial statement. Nor is there even a Mitzvah to feed them, and the reason the Tana uses the Lashon 'Eino Chayav' (rather than 'Ein Mitzvah') is in order to balance with the Seifa, where he says that, after the father's death, there is a Chiyuv.

(b)According to Rebbi Yochanan ben Berokah, the Tana mentions specifically 'daughter' - because it his daughter who must be fed after his death, and that explains why he says 'Chayav' in the Reisha.

49b----------------------------------------49b

5)

(a)What ruling did the Beis-Din in Usha issue with regard to feeding one's children, according to Rebbi Ila'a Amar Resh Lakish Mishum Rebbi Yosi b'Rebbi Chanina?

(b)What did ...

1. ... Rav Yehudah say about a serpent, when they asked him about feeding one's children?

2. ... Rav Chisda used to declare about a man who refuses to feed his children?

(c)He would instruct them to overturn a mortar and to make the declaration on it. If not the Shaliach Tzibur (in charge of community affairs), who might be the one to stand on the mortar and make the declaration?

(d)What do we prove by citing Rav Yehudah and Rav Chisda?

5)

(a)According to Rebbi Ila'a Amar Resh Lakish Mishum Rebbi Yosi b'Rebbi Chanina - the Beis-Din in Usha issued a ruling obligating one to feed one's children.

(b)

1. When they asked Rav Yehudah about feeding one's children - he replied that a serpent leaves its children to be fed by others, intimating that someone who does not feed his children is no better than a serpent.

2. Rav Chisda used to declare - that a man who refuses to feed his children is worse that a raven, who (in spite of its cruel nature) feeds its young.

(c)He would instruct them to overturn a mortar and to make the declaration on it. If not the Shaliach Tzibur (in charge of community affairs) - then it was the man himself who might be the one to stand on the mortar and make the declaration.

(d)By citing Rav Yehudah and Rav Chisda - we prove that the Halachah is like Rebbi Ila'a Amar Resh Lakish Mishum Rebbi Yosi b'Rebbi Chanina (that a person is obligated to feed one's children).

6)

(a)What do we learn from the Pasuk in Tehilim "li'Venei Orev Asher Yikra'u"?

(b)So how could Rav Yehudah intimate that ravens do feed their young?

(c)What would Rava ask someone who declined to feed his children?

6)

(a)We learn from the Pasuk "li'Venei Orev Asher Yikra'u" - that ravens do not feed their young.

(b)Rav Yehudah intimated that ravens do feed their young - speaks after they have grown a little and turned black. The Pasuk is speaking about very young ravens, who are pale-colored, as a result of which the parents hate them and refuse to feed them.

(c)Rava would ask someone who declined to feed his children - whether he would like his children to be fed from Tzedakah.

7)

(a)When does one even go so far as to force a man to feed his children?

(b)What did Rava force Rav Nasan bar Ami to do?

(c)How is this connected to the previous Halachah?

7)

(a)One even goes so far as to force a man to feed his children - if he is well-off, and can easily afford it.

(b)Rava forced Rav Nasan bar Ami - to give four hundred Zuz for Tzedakah.

(c)This is connected to the previous Halachah - because there too, feeding one's children is no different than giving Tzedakah (even if they would not be his children - and certainly now that the Pasuk in Mishlei writes "u'mi'Besarcha al Tis'alem" - 'Charity begins at home').

8)

(a)What did Beis-Din institute in Usha with regard to a man who wrote out all his property to his son in his lifetime, according to Rebbi Ila'a Amar Resh Lakish?

(b)Rebbi Zeira (or Rebbi Shmuel bar Nachmeni) queries this from a letter that Ravin sent, stating that if a man dies, leaving behind a widow and a daughter, the widow is fed from his property. What does he say in the event that the daughter gets married?

(c)Why ought she not to?

(d)Then why does she?

8)

(a)According to Rebbi Ila'a Amar Resh Lakish, Beis-Din instituted in Usha that, if a man wrote out all his property to his son in his lifetime - he and his wife are nevertheless sustained from that property.

(b)Rebbi Zeira (or Rebbi Shmuel bar Nachmeni) queries this from a letter that Ravin sent, stating that if a man dies, leaving behind a widow and a daughter, the widow is fed from his property. In the event that the daughter gets married - the widow continues to be fed from his property.

(c)She ought not to - because the property is mortgaged (i.e. Nechasim Meshubadim) to his son-in-law, and a widow is not fed from Nechasim Meshubadim.

(d)She nevertheless does, because, due to the widow's loss, they gave him the Din of an heir (in this case only [in whose property she does have rights]).

9)

(a)What did Rebbi Yehudah, Rebbi Yosi bar Chanina's nephew testify with regard to the same case, in the event that the married daughter dies?

(b)Why might we have thought otherwise?

(c)What Kashya does Rebbi Zeira (or Rebbi Shmuel bar Nachmeni) now ask from there on Rebbi Ila'a Amar Resh Lakish?

(d)How do we answer the Kashya? How do we justify Rebbi Ila'a's need to present this case, despite Ravin's letter?

9)

(a)In the event that the married daughter dies - Rebbi Yehudah, Rebbi Yosi bar Chanina's nephew testified that he was involved in precisely such a case, and the Beis-Din ruled that the widow continues to be fed from his property.

(b)We might otherwise have thought - that since the daughter is no longer alive, her husband can no longer be considered an heir, only a purchaser, in whose property, the widow has no rights.

(c)Rebbi Zeira (or Rebbi Shmuel bar Nachmeni) now asks from here on Rebbi Ila'a Amar Resh Lakish - now asks that if the man's widow is fed from his property (in spite of the above-mentioned principle), then how much more so the man himself together with his wife during their lifetime? (So why did Rebbi Ila'a need to mention the Takanas Usha?)

(d)Rebbi Ila'a's need to present this case despite Ravin's letter is justified however - because we might have thought that, as long as the father is still alive, let him work and sustain himself and his wife (and it is only his widow who cannot fend for herself, who is fed from his property even after his daughter's death).

10)

(a)What did a certain man do to Rebbi Yonasan that surprised Rebbi Chanina?

(b)Why did he do that?

(c)How do we prove from there that the Halachah is not like Rebbi Ila'a Amar Resh Lakish?

10)

(a)Rebbi Chanina was surprised when a certain man came and kissed Rebbi Yonasan feet.

(b)He did so - because the latter had forced the man's children to feed him after he had given them all his property.

(c)We prove from there that the Halachah is not like Rebbi Ila'a Amar Resh Lakish - because 'forcing the sons to feed their father' together with the father's reaction suggests that Rebbi Chanina did the father a big favor by making the sons go beyond the letter of the law.

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