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|KESUVOS 56 - 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.|
Rebbi Yosef: According to Rebbi Elazar ben Azaryah, the Chasan writes the Tosefes Kesuvah only for the endearment of the first night.
Marital relations are permitted during the day in a dark house.
Rebbi Yehudah: If a debt is partially paid, a new document is written for the remainder. Rebbi Yosi: A receipt is written for what was paid and given to the borrower. (1)
According to Rebbi Yehudah, a wife may be Mochel the Kesuvah only in writing, but not with an oral agreement. (2)
Rebbi Meir: If a man is Mekadesh a woman on condition that he will not feed, clothe, or have relations with her, the Kidushin is valid and the condition is void. (3)
Rebbi Yehudah: A monetary condition is valid even if it contradicts the Torah.
Rebbi Yehudah: A Kesuvah is mid'Rabanan, and the Rabanan gave it a status stronger than something that is mid'Oraisa. (4)
The Rabanan decreed that a husband eats the fruit of the Nichsei Melug of his wife.
Rebbi Yehudah: The husband always eats the fruit of the Nichsei Melug of his wife, unless he writes that he is forfeiting it. (5)
The Rabanan gave their decrees an especially strong status only with respect to something that is common.
If two peddlers praise each other's merchandise, they are not believed when they claim that the other peddler separated Ma'aser. (6)
Rebbi Meir: A Kesuvah is Min ha'Torah, and a Tenai that reduces the Kesuvah is void. (7)
Rebbi Meir: A condition that contradicts a decree from the Rabanan is valid.
Rebbi Yosi: A person may make a Tenai that reduces the Kesuvah.
It is forbidden to set aside movable goods for payment of the Kesuvah, unless the husband takes responsibility for them.
Rebbi Yosi: Even if the husband takes responsibility for them, it is forbidden to set aside movable goods because they fluctuate in price.
A BIT MORE
1. Rebbi Yehudah: It is preferable to write a new document because otherwise the borrower will be forced to guard the receipt. Rebbi Yosi: It is preferable to write a receipt because a new document will limit the lender from collecting the remainder of the loan to properties which the borrower had at the date of the second document.
2. Because an oral agreement is a condition against the decree of the Rabanan that a wife receives a Kesuvah and therefore it is not valid.
3. The condition is void because it is a condition that contradicts the Torah.
4. Therefore, even though Rebbi Yehudah maintains that a monetary condition is valid even if it contradicts the Torah, if it contradicts an enactment of the mid'Rabanan it is void.
5. In order to forfeit it, he must write to his wife that he has "no Din u'Devarim in her property, fruit, and fruit of the fruit forever."
6. This is because we are concerned that they have a pact between them to take turns praising each other's merchandise. However, Rebbi Yehudah maintains that they are believed and he is not concerned that they have a pact.
7. Even though a Tenai that reduces the Kesuvah is void, the Bi'ah is a Bi'as Znus because she thinks she is getting less than the full Kesuvah.
THE CONDITIONS OF GAD AND REUVEN
Rebbi Meir says that if a man is Mekadesh a woman on condition that he will not feed, clothe, or have relations with her, the Kidushin is valid and the condition is void. The condition is void because it is it is a condition that contradicts the Torah. Tosfos explains that in order for a condition to be valid, it must be similar to the condition that the tribes of Gad and Reuven made with Moshe Rabeinu for the right to receive the land of Ever ha'Yarden. Just as the condition of Gad and Reuven did not contradict the Torah, all conditions may not contradict the Torah.
CHUPAH HA'RA'UY L'VI'AH
As soon as the couple goes under the Chupah, she is regarded as his wife even though they did not yet have relations and she collects the principal Kesuvah and the Tosefes Kesuvah if she is widowed or divorced. This is the case, however, only if the Chupah was fit for Bi'ah, but if she was a Nidah and they went under the Chupah and went into seclusion, she is not regarded yet as his wife and she remains with the status of an Arusah. Some opinions say that only with regard to collecting the Tosefes Kesuvah she is regarded as an Arusah, but with regard to all other laws she attains the status of a Nesu'ah. (Shulchan Aruch EH 61:1)
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