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12th CYCLE DEDICATION
KESUVOS 16-17 - Generously sponsored by Marsha and Lee Weinblatt of Teaneck, New Jersey. May Hashem bless them with a Kesivah va'Chasimah for a year of health, prosperity and much Yiddishe Nachas from their wonderful children and grandchildren.
If there are witnesses that a field belonged to a person's father, and someone claims that he bought it from him, he is not believed.
If there is a dispute between the wife and the husband about whether she was married as a Besulah or as a widow, the husband is believed even according to Raban Gamliel. (1)
Most women get married as Besulos.
Raban Gamliel: If a single woman is pregnant and she claims that the father is a Kohen, she is believed. Rebbi Yehoshua: She is not believed.
Raban Gamliel: If the wife claims that she was a Mukas Etz and the husband claims that she was Mezanah, she is believed. Rebbi Yehoshua: She is not believed.
Raban Gamliel: If the wife claims that was raped after the Eirusin and the husband claims that it occurred prior to the Eirusin, she is believed. Rebbi Yehoshua: She is not believed.
Rebbi Yehoshua follows a Migu only when there is nothing that compels the person to make the claim. (2)
Most of the time, there is a Kol when a woman gets married as a Besulah. (3)
Rebbi Avahu: If a woman does not give the husband the Kesuvah document at the time that she collects the money, we write him a receipt. (4)
If a woman's Kesuvah was destroyed in a fire and there are witnesses that at the wedding they danced in front of her, she collects 200 Zuz for her Kesuvah.
In a place that they do not have the custom to write a Kesuvah document, everyone agrees that we write a receipt for the husband so that the woman does not collect the Kesuvah twice. (5)
In some places they had the custom of passing a cup of wine of Terumah in front of a Besulah. (6)
Rebbi Yehudah says they would pass a closed barrel of wine in front of a Besulah and an open barrel of wine in front of a Be'ulah.
A BIT MORE
1. Even though in the cases of the first Perek, Raban Gamliel maintains that the woman is believed, in those cases her claim is a Bari and the husband's is a Shema. In this case, both have Bari claims.
2. A woman who claims that she was raped after the Nisu'in has a Migu that she could have claimed that she was a Mukas Etz and thereby would not have been Pasul from Kehunah. Even though she has a Migu, Rebbi Yehoshua rules that she is not believed because her claim is like a "Shor Shachut" -- she is compelled to make some sort of claim since she was found not to have Besulim. However, in a case of a person who claims that "this field belongs to your father but I bought it from him," Rebbi Yehoshua rules that he is believed with a Migu that he could have said nothing. The reason why Rebbi Yehoshua follows the Migu in this case is that it is not a case of "Shor Shachut" -- nothing compelled him to say anything at all.
3. Even though there is a Rov that most women get married as Besulos, if there is no Kol it detracts from the Rov.
4. Rav Papa says that the Mishnah's statement that she collects her Kesuvah even without presenting the Kesuvah document applies only in a place that no Kesuvah document is written. However, in a place that a Kesuvah is written, the woman cannot collect her Kesuvah unless she presents the Kesuvah document to her husband.
5. This is in order to prevent the woman from bringing witnesses to one Beis Din and collecting her Kesuvah there, and then bringing witnesses to another Beis Din to testify that she was married with a Hinuma and collecting her Kesuvah a second time.
6. This is in order to symbolize that she is "Reishis," just like Terumah.
A MARRIAGE THAT HAS A KOL
The Gemara says that most women marry as Besulos, and, usually, when a woman marries as a Besulah, there is a Kol. The Chasam Sofer says that if in fact there is a Kol that she was married as a Besulah, she would not need witnesses in order to collect 200 Zuz for her Kesuvah, since there is a Rov that must women get married as Besulos. Even Shmuel -- who says that one cannot extract money from others even if a Rov supports his claim -- would agree in this case, because two Rovs support the fact that she was married as a Besulah. The first Rov is that most women get married as Besulos. The second Rov is that if she had been previously married, three would have been a Kol, since most of the time, when a woman marries as a Besulah, there is a Kol. Since, in this case, there is no Kol that she was previously married as a Besulah, she must not have been previously married.
MARRIAGE AS A BESULAH
The woman says that she was married as a Besulah and thus should receive 200 Zuz for the Kesuvah, and the husband or the heirs claim that she married as a widow and she should receive only 100. If she has witnesses that she was married in the method of a Besulah, she receives 200. Even if one of the witnesses was a Katan at the time of the marriage, he may testify if he has become a Gadol in the interim. If she has no witnesses, she receives only 100, and the husband must take an oath. According to some opinions, he must make a Shevu'ah d'Oraisa, and according to others he must make a Shevu'ah d'Rabanan. (Shulchan Aruch EH 96:15)
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