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12th CYCLE DEDICATION
KESUVOS 91 - Dedicated in memory of Irene Edelstein, by Josh Rebbi Danziger of Cliffside Park, New Jersey.
Rebbi Shimon: The Mosar Dinar required in order for the sons to inherit the Kesuvah of their mother must be Karka, not Metaltelin.
Even if the only money left for the inheritance is used to pay off the Kesuvah, it is regarded as a Mosar Dinar.
The payment of the Kesuvah to one of the wives is regarded as a Mosar Dinar.
If one wife predeceases her husband and a second wife outlives him, the sons of the first wife inherit the Kesuvah of their mother.
Money owed to the father at the time of his death is not regarded as a Mosar Dinar.
If, at the time of the death, there was a Mosar Dinar, and the property devalued to less than a Dinar, the sons inherit the Kesuvah of their mother.
Rav Nachman: If, at the time of the father's death, there was not a Mosar Dinar, and the property value increased to a Dinar, the property is divided equally.
If a creditor is owed 100 Zuz and he appropriated one house worth 50 and he wants to take another house worth 50, the buyer may stop him from taking the second house by offering him the entire 100 Zuz. (1)
Orphans inherited land, and the creditor of the father took the land as partial repayment of his debt. If the orphans buy back the land from him, he may take it again as payment for the rest of the debt. (2)
A BIT MORE
1. If the Ba'al Chov decides to keep the house instead of taking the 1000 Zuz it is a Machlokes Amora'im whether the person who bought the house form the borrower has the right to be compensated for 500 Zuz which is the true value of the house or for 1000 Zuz which is the amount the Ba'al Chov took it for.
2. However, if at the time the orphans bought back the land from him they tell him that the money they are giving is a payment for the land, he no longer may take the land from them.
LAND BOUGHT AFTER THE DEATH OF THE FATHER
Orphans inherited land, and the creditor of the father took the land as partial repayment of his debt. If, at the time the orphans buy back the land from him, they say it is a payment for the land, he no longer may take the land from them. The Ritva says that once the orphans buy the land back, no other creditor of the father may take that land as payment for his debt because it is regarded as land that the orphans bought after the death of their father, and it is no longer Meshubad the debt of their father.
INFLATING THE VALUE OF THE PROPERTY
If the orphans say that they wish to inflate the value of their inheritance so that they can inherit the Kesuvah of their mother, we do not heed them. Rather, we evaluate the property in accordance with its worth at the time of the death of the father. If the property rose in value or dropped in value after the death of the father, we evaluate it according to its worth at the time of the death of the father. However, this applies only if the property was devalued or was damaged, but if it turns out that some of the property did not belong to the father, then there was never a Mosar Dinar in the first place. (Shulchan Aruch EH 111:5)
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