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|KESUVOS 51 - 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.|
Produce that is ready to be picked is regarded as if it has already been picked. (1)
Rebbi: Support for a widow and orphan daughters may be collected from movable objects.
Rebbi Shimon ben Elazar: Support for a widow and orphan daughters may be collected only from land.
If the inheritance does not suffice to support the children until the daughters turn twelve and a half, the inheritance is given to the daughters.
Rava: The Halachah is that the support and dowry of an orphaned daughter and the Kesuvah of the widow may be collected only from land.
Even if the husband did not write a Kesuvah, he is obligated for the Kesuvah and all of its stipulations. (2)
All of the husband's property is collateral for the Kesuvah, even if it was not stated in the Kesuvah.
If a man's wife is taken captive, he must ransom her. (3)
If a man's wife becomes ill, he must provide her with medical care. (4)
Rebbi Meir: If anything is subtracted from the Kesuvah, the Bi'ah that he has with his wife is regarded as a Bi'as Znus.
Rebbi Yehudah: A wife may be Mochel a portion of the Kesuvah.
Rebbi Meir: If one finds a loan document which states that the borrower's property is collateral for the loan, he may not return it. (5)
Chachamim: A loan document that is found may not be returned even if the borrower's property is not collateral for the loan. (6)
Avuha d'Shmuel: A woman who was raped is forbidden to her husband. (7)
Rava: A woman who was raped is permitted to her husband even if she ended up consenting.
The wife of a Kohen who was raped is forbidden to her husband.
If a Kidushin was conditional and the condition was not fulfilled, the wife may walk away without a Get.
If a captured woman was released and chose to stay, she is forbidden to her husband.
If a woman was taken captive by the king, she is permitted to her husband.
If a woman was taken captive by bandits, she is permitted to her husband unless she was captured by a very successful bandit such as ben Netzer. (8)
A BIT MORE
1. Therefore, completely ripe fruit is regarded as movable objects, not as land.
2. This is because the Beis Din obligates the husband for all of the stipulations that are written in a standard Kesuvah.
3. The husband may not divorce her, give her the Kesuvah, and tell her to ransom herself.
4. The husband may choose to divorce her, give her the Kesuvah, and tell her to pay for her own care.
5. Even if the borrower admits that the loan is outstanding, the document may not be returned to the lender because of the concern that the loan was already paid and the borrower and lender have conspired together to try to extract property from the buyers of the borrower's property.
6. The opinion of the Chachamim is the opinion of Rebbi Yehudah who maintains that omission in the document of the clause that the borrower's property is collateral for the loan was a mistake on the part of the scribe.
7. We are concerned that perhaps it started as a rape and ended up being consensual. However, if she screamed in protest from the beginning until the end, she is permitted to her husband since it is obvious that it was not consensual at all.
8. Since he is a very successful bandit, the captive woman may have consensual relations with him in the hope that he marries her. However, if she is taken captive by the king, she has no illusions that he will ever marry her.
A RAPE THAT ENDS UP BEING CONSENSUAL
Avuha d'Shmuel says that a woman who was raped is forbidden to her husband because we are concerned that perhaps it started as a rape and ended up being consensual. Tosfos asks that according Avuha d'Shmuel, why was Esther ha'Malkah permitted to Mordechai after she had relations with Achashverosh? The Nesivos ha'Mishpat answers that this stringency applies only if it was possible for the woman at some point during the rape to get away and she did not take advantage of the opportunity. Only in that case is she forbidden to her husband. However, if it was impossible for her to get away at any point, even if in her mind she decided that she consents, she is not forbidden to her husband. Therefore, in the case of Esther, who was perpetually forced because of fear of the king, she was permitted to Mordechai even according Avuha d'Shmuel.
COLLECTING THE KESUVAH
According to the ruling of the Gemara, the Kesuvah may be collected only from land. However, the Ge'onim decreed that it may be collected from movable objects. (Shulchan Aruch EH 100:1)
Even a divorcee who collects from the husband may collect only from land, and certainly a widow who is collecting form the orphans may collect only from land, because all creditors who collect from orphans may collect only from land. (Chelkas Mechokek)
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