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|KESUVOS 110 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.|
12th CYCLE DEDICATION
KESUVOS 106-110 - 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.
Admon: If Reuven is holding a Shtar that states that Shimon owes him money, and Reuven sold Shimon a field, Shimon does not have to pay back the loan. (1)
Chachamim: Shimon does have to pay back the loan, because Reuven can say, "I sold you the field so that I would have something from which to collect." (2)
In a place where the Minhag is for the buyer of a field to give the money prior to the writing of the Shtar, everyone agrees that Reuven cannot collect the loan. (3)
Admon: If two people each have a loan document against each other, the one whose loan document has the later date may claim, "If I really owe you money, why did you borrow from me?" (4)
Rav Nachman: If two people each have a loan document against each other for the same amount, the loans are collected. Rav Sheshes: The loans are not collected. (5)
If orphans collect Karka for the Chov if their father, a Ba'al Chov of the father may collect his Chov from that Karka.
A Ba'al Chov of the father who is collecting from the orphans may collect only from Ziboris.
A Chasan may not force his Kalah to move from one province in Eretz Yisrael to another. (6)
A Chasan may not force his Kalah to move from a small city to a large city, or vice versa, even within the same province in Eretz Yisrael.
A change in lifestyle is the beginning of intestinal illness.
A husband or wife may force the family to move to Eretz Yisrael or Yerushalayim, but not to move away from Eretz Yisrael or Yerushalayim.
Tana Kama: If a couple was married in Eretz Yisrael and divorced in Kaputkiya or vice versa, the Kesuvah is paid with money of Eretz Yisrael. (7)
Raban Shimon ben Gamliel: A Kesuvah is paid with money of Kaputkiya. (8)
If a servant runs away from Chutz la'Aretz to Eretz Yisrael, his master must sell him to someone who lives in Eretz Yisrael.
If "Bavel" is written in a Shtar Chov, the debt is collected with money of Bavel. If "Eretz Yisrael" is written in a Shtar Chov, it is collected with money of Eretz Yisrael. (9)
A person should live in Eretz Yisrael, even in a city whose residents are mostly Nochrim. One should not live in Chutz la'Aretz, even in a city whose residents are mostly Jews.
Anyone who lives in Eretz Yisrael is regarded as having a G-d. Anyone who lives in Chutz la'Aretz is regarded as though he serves Avodah Zarah.
A BIT MORE
1. If the date of the sale of the field is after the date of the Shtar, Shimon may claim, "If I really owed you money, you would not have given me the field; you should have taken the money that I gave you for the field as payment for your loan instead." Even in a place which has the Minhag to write the Shtar prior to the transfer of the money, he still has a claim that the seller should have written a Shtar Moda'ah that says that "I am selling the field only so that I can collect my loan from this field."
2. The borrower was hiding his movable goods and the lender had no way to collect his debt without selling this field to him. The Chachamim maintain that even though he did not write a Shtar Moda'ah, it is a valid claim because he was afraid that had he written a Shtar Moda'ah, the potential buyer would have found out about it and would have backed out of the deal.
3. He should have held on to the money as payment for the loan, and he should not have given the Karka.
4. Instead of borrowing the money, he should have taken it as payment for the loan. The Chachamim disagree with Admon and say that both of them may collect their loans.
5. When both parties have Karka that is Beinonis, Rav Nachman and Rav Sheshes agree that the loans are not collected, because they simply will be trading the same Karka back and forth. The Machlokes is when one of them has Beinonis and Idis and the other has Ziboris. Rav Nachman says that the loans are collected, because he maintains that the status of the quality of the Karka depends on the person in possession of it. Consequently, the owner of the Ziboris collects Beinonis, while the owner of Ziboris cannot turn around and collect the Beinonis back from because it is his best field and is thus regarded as Idis. Rav Sheshes maintains that the status of the quality of the Karka depends on the market value of the field. Consequently, if the owner of Ziboris collects the Beinonis, the other owner can turn around and collect the Beinonis back from him, even though it is his best field. Since its market value is Beinonis, it has the status of Beinonis (even though it is the best field in that person's possession). For this reason, Rav Sheshes maintains that there is no reason to collect the loans, because the creditors will just end up trading back and forth the same Karka.
6. There are three provinces in Eretz Yisrael: Yehudah, Ever ha'Yarden, and Galil.
7. The money of Eretz Yisrael is not as valuable as the money of Kaputkiya. Since the Tana Kama maintains that a Kesuvah is mid'Rabanan, the husband is not obligated to pay with the money of Kaputkiya. However, if both the marriage and divorce took place in Kaputkiya, he must pay the Kesuvah with the money of Kaputkiya.
8. Raban Shimon ben Gamliel maintains that a Kesuvah is mid'Oraisa.
9. When there is no mention of the place in the Shtar, if the Shtar is collected in Bavel, it is collected with the money of Bavel. If it is collected in Eretz Yisrael, it is collected with the money of Eretz Yisrael.
Anyone who lives in Eretz Yisrael is regarded as having a G-d, and anyone who lives in Chutz la'Aretz is regarded as if serving Avodah Zarah. The Maharal explains that Hashem is called "the G-d of the land of Eretz Yisrael," and the other lands were placed under the auspices of [heavenly] powers. Anyone who lives in Chutz la'Aretz is considered as though he is serving the powers that are authorized over those lands, and by placing himself under their auspices it is as if he is serving Avodah Zarah.
There are three provinces in Eretz Yisrael which are regarded as separate lands with regard to marriage, and the different lands in Chutz la'Aretz are also regarded as separate lands, such as Eretz Kena'an, Eretz Mitzrayim, and Eretz Teiman. A man from one land who marries a woman from a different land may force his wife to live with him in his homeland. If she refuses, he may divorce her without a Kesuvah or Tosefes Kesuvah, because they were married on that condition even if he did not spell it out. (Shulchan Aruch EH 75:1)
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