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12th CYCLE DEDICATION
KESUVOS 104-105 (5 Teves) - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.
At the time of his death, Rebbi lifted his fingers and said that he worked with all ten fingers for the Torah and never benefited even from the smallest finger.
At the time that a Tzadik passes away, the ministering angels say in front of Hashem that a Tzadik is coming.
When a Tzadik passes away, three groups of ministering angels go out to greet him. For a Rasha, three groups of destructive angels go out to greet him.
The first group of angels says to the Tzadik, "Come in peace." The second group says, "Go straight ahead." The third says, "Come in peace and rest upon your resting place."
The first group of angels says to the Rasha, "'There is no peace,' Hashem says to the Resha'im." The second group says, "Rest in sadness." The third says, "Go down and rest with the uncircumcised."
Rebbi Meir: A widow who is living in her husband's house may collect the Kesuvah for up to 25 years. (1)
Chachamim: A widow who is living in her husband's house collects the Kesuvah forever, but if she is living in her father's house she may collect for up to 25 years. (2)
If the widow dies, her heirs must make a claim on the Kesuvah within 25 years.
Anytime the Chachamim establish a Shi'ur, it is an exact Shi'ur without any deviation. (3)
Rebbi Yosi: A widow who has her Shtar Kesuvah may collect the Kesuvah even after 25 years. Rebbi Elazar: Even if she has her Shtar Kesuvah, she may collect only up to 25 years.
A Ba'al Chov and a divorcee may collect their debt and Kesuvah even after 25 years.
If a widow makes a claim for the Kesuvah, she may collect for 25 years from the time of the claim.
Bar Kapra: A widow loses only her Kesuvah after 25 years, but not the Tosefes Kesuvah. Rebbi Yochanan: She loses both.
Rabah: From the time a Ba'al Chov receives the Adrachta (the document from Beis Din that authorizes him to confiscate property of the borrower for his Chov), he eats the fruit of the property. Rava: The Ba'al Chov may start eating the fruit from the property that he collects only when Beis Din completes the auction of the land.
Rava: A Ba'al Chov may collect from Meshubadim even if the lien is not written in the loan document. (4)
A BIT MORE
1. Once she has been living there for 25 years, she has used up her entire Kesuvah by virtue of taking bread and salt from the orphans over the years and giving it to the neighbors.
2. The Chachamim maintain that when 25 years have passed and she has not claimed her Kesuvah, she has been Mochel it. However, if she is living in her husband's house, she may be embarrassed to claim the Kesuvah because the orphans display honor towards her. Therefore, her failure to claim it is not regarded as a Mechilah, even if she does not claim it for 25 years.
3. A widow who claims her Kesuvah even one second after 25 years have passed loses her Kesuvah. A Mikvah missing even one drop from the minimum requirement of forty Se'ah is Pasul.
4. We assume that the omission was the mistake of the scribe and not an intentional forfeiture of the lender of his right to collect from Meshubadim. A person does not lend money unless he is assured that he will be able to collect from Meshubadim.
BENEFITING FROM EDOM
At the time of his death, Rebbi lifted his fingers heavenward and said that he worked with all ten fingers for the Torah and never benefited with even the small finger. The Ben Yehoyada explains that the thumb represents Klal Yisrael, while the other four fingers represent the four kingdoms which subjugated Yisrael. The pinky finger represents Edom. Rebbi had a good relationship with the Caesar of Edom (Antoninus) who frequently sent Rebbi very valuable gifts. For this reason, Rebbi commented that he did not benefit even from his small finger, meaning that he did not benefit from the gifts that were sent to him by Edom.
COLLECTING THE KESUVAH
A widow may collect the Kesuvah forever if the Shtar Kesuvah is in her possession, whether she is being given Mezonos in her father's house or in her husband's house. She may collect the Kesuvah with a Shevu'ah even after she remarries. Shemitah does not affect the Chov unless she already collected part of the Kesuvah, or unless the Kesuvah was turned into a loan. If the widow does not have her Kesuvah and she is collecting it based on the Tenai Beis Din (in a place where the Minhag is not to write a Kesuvah), if she is being given Mezonos in the house of her father, or if she remarried, she may collect only the Kesuvah for up to 25 years. (Shulchan Aruch EH 151:1)
Shemitah does not affect any Chov other than a loan. Therefore, if one has credit in a store or wages owed to a worker, he must pay it even after Shemitah. (Chelkas Mechokek)
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