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|KESUVOS 53 - 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.|
A person should not take away the inheritance from his son, even if he is following the wrong path. (1)
Even if the wife sells her Kesuvah, her sons will inherit it. (2)
If a woman is Mochel her Kesuvah to her husband, her sons do not inherit it.
If a woman remarries on the basis of false testimony from a single witness who testifies that her husband died, her sons do not inherit her Kesuvah. (3)
If a woman is Mochel her Kesuvah to her husband, she does not receive food from the heirs after she is widowed.
If an Arusah dies, the Arus is not an Onen. If he is a Kohen, he may not become Tamei for her. (4)
If an Arusah dies, the Arus does not inherit her, but if the Arus dies the Arusah is paid the Kesuvah.
If an Arusah dies the Arus is not obligated to pay for her burial.
The daughters are given food from the heirs of their father's property until they become Bogeros.
Rav: Once a daughter becomes an Arusah, she is no longer provided with food from the heirs.
Levi: An Arusah is provided with food.
Rav agrees with Levi that an Arusah who is widowed from Eirusin receives food from the heirs. (5)
Tana Kama: An orphan who performs Mi'un receives food from the brothers. Rebbi Yehudah: She does not receive food from the brothers.
The Gemara is in doubt about whether the daughter of a Yevamah receives food from her brothers after the death of her father. (6)
A BIT MORE
1. This is because of the possibility that the wayward son will have G-d-fearing descendants.
2. Even if she sells the Kesuvah to her husband, her sons will inherit it, because it was her desperation for money that forced her to sell the Kesuvah and it was not because she was Mochel it to her husband.
3. The Rabanan penalize her for not investigating carefully before she remarried.
4. If the Arus dies, the Arusah is not an Onenes and is not obligated to become Tamei to him.
5. Even if her Chasan has a brother and she is a Shomeres Yavam for that brother, she is provided with food while she is a Shomeres Yavam.
6. Since the Kesuvah is not paid by her father, perhaps she has no right to food from her brothers, since her right to the food is a Tenai Kesuvah. On the other hand, perhaps the father is liable for the Tenai Kesuvah and she receives food from her brothers after the death of her father since, if the deceased brother did not leave enough property to cover the Kesuvah, her father must pay the Kesuvah.
A WOMAN WHO IS MOCHEL HER KESUVAH
The Gemara says that if a woman is Mochel her Kesuvah to her husband, she does not receive food from the heirs after she is widowed. How can a woman be Mochel her Kesuvah? It is forbidden for a woman to live with her husband if she does not have a Kesuvah! The Re'ah answers that she was Mochel it when the husband was about to die and thus she never lived with her husband without a Kesuvah.
THE TENAI KESUVAH
One of the Tenai Kesuvah is that the daughter shall be fed from the property of the father after his death until she is betrothed (with Eirusin) or until she becomes a Bogeres. Even if the father did not write in the Kesuvah that the daughter will be fed after his death, the orphans are obligated to feed her. (Shulchan Aruch EH 112:1)
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