REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


Previous Daf
KESUVOS 12

Ask A
Question

SUMMARY

One who eats a Se'udah with his future in-laws in Yehudah without witnesses may not claim later that his wife has no Besulim. (1)
 
Different places in Yehudah had disparate Minhagim regarding whether the Chasan and Kalah were secluded prior to the Chupah.
 
Originally, in Yehudah the Minhag was that the Chasan and Kalah would go into seclusion one hour before the Chupah. (2)
 
Originally, in Yehudah the Minhag was that the Chasan and Kalah would both be accompanied at the Chupah. (3)
 
Any place where there is a Minhag for the Chasan and Kalah to go into seclusion, the Chasan may not claim a Ta'anas Besulim.
 
The Beis Din of the Kohanim collected 400 Zuz for the Kesuvah of a Besulah and the Chachamim did not protest.
 
At first they made an enactment to collect 100 Zuz for a Bas Kohen who is a widow. After changing it to 200, they reverted back to the original Takanah. (4)
 
If the prominent families want to institute the same Takanah as the Kohanim and collect 400 for the Kesuvah of a Besulah, they have the right to do so.
 
When the wife claims that she was raped after the Eirusin and the husband claims that it occurred prior to the Eirusin, the Tana'im disagree about who is believed. (5)
 
When a claimant says that the borrower owes him 100 Zuz and the defendant says that he is unsure about it, the Amora'im disagree about whether the defendant must pay. (6)
 
If a single woman is pregnant and she claims that the father is a Kohen, Raban Gamliel and Rebbi Eliezer say that she is believed.

A BIT MORE

1. One who eats a Se'udah with his future in-laws in Yehudah without witnesses may not claim later that his wife has no Besulim.
 
2. They did this so that the Chasan and Kalah would become comfortable with each other.
 
3. This is done in order to ensure that the Kalah does not bring in a cloth with drops of blood, and to ensure that the Chasan does not make the cloth with the blood disappear. However, this Minhag was only in a place where they did not have the custom to allow the Chasan and Kalah to go into seclusion before the Chupah. In a place where the Chasan and Kalah would go into seclusion, the Chasan cannot make a claim of Ta'anas Besulim.
 
4. When the Chachamim saw that people made light of a widowed Bas Kohen because her Kesuvah was only 100 Zuz, they changed it to 200 Zuz. After they saw that people refrained from marrying them at all because of the large Kesuvah, they changed it back to 100.
 
5. Raban Gamliel and Rebbi Eliezer: She is believed, and she receives her Kesuvah. Rebbi Yehoshua: The husband is believed and the marriage is regarded as a Mekach Ta'us, and she does not receive her Kesuvah unless she brings proof that it occurred after the Kidushin. Rav Nachman says that the reason why Raban Gamliel rules that the wife is believed to say that she was raped after the Kidushin is that she has a Migu or a Chazakah. She has a Migu that she could have said that she is a Mukas Etz, in which case she would have been fit for Kehunah, and instead she says that she was raped and is no longer fit for Kehunah. She also has a Chazakah that she was a Besulah until the last possible moment.
 
6. Rav Huna and Rav Yehudah: He is obligated, because the lender is making a definite claim while the borrower is making an uncertain claim. Rav Nachman and Rebbi Yochanan: He is exempt, because we leave the money with its Chazakah. However, he must make a Shevu'as Heses to affirm that he really does not know.

BRIEF INSIGHT

THE KESUVAH OF A BAS KOHEN
 
The Mishnah says that the Beis Din of the Kohanim collected 400 Zuz for the Kesuvah of a Besulah, and the Chachamim did not protest. Tosfos says they may collect the 400 only if it is written in the Kesuvah as a Tosefes Kesuvah. However, the Ritva says that even if they did not write it into the Kesuvah, they have the right to collect 400. The reason is that once they instituted the practice to collect 400, anyone who marries into one of their families does so on condition to pay 400 for the Kesuvah.
 
.

QUICK HALACHAH

TA'ANAS BESULIM
 
Whenever the Kesuvah is 200 Zuz, the husband has the right to make a claim regarding the Besulim, and anytime the Kesuvah is 100 Zuz, he has no right to make a claim of Ta'anas Besulim. If the Chasan was secluded with his Kalah prior to the Eirusin, he does not have the right to claim a Ta'anas Besulim. (Shulchan Aruch EH 67:1)

Next Daf

Index to Revach for Maseches Kesuvos


MAIN KESUVOS PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links