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|KESUVOS 94 (18 Iyar, Lag b'Omer) - dedicated by Avi and Lily Berger of Queens, N.Y., in memory of Lily's father, Mr. Benny Krieger (Chananel Benayahu ben Harav Yisrael Avraham Aba), zt"l, who passed away on Lag ba'Omer 5763. Mr. Krieger exemplified Ahavas Chesed, Ahavas Torah and Ahavas Eretz Yisrael.|
Rebbi Nachman: Ben Nanas requires the fourth wife to swear because of the concern that she will ruin the property. (1)
Abaye: The Shevu'ah of Ben Nanas is not a Shevu'ah to the other wives; rather, it is a Shevu'ah to the orphans of her husband.
Abaye Kashisha: When a person collects a debt from orphans, he must make a Shevu'ah even if the orphans are Gedolim.
Rav Huna: If one partner loses a Din Torah involving shared property, the other partner cannot claim that his partner does not represent him. (2)
Rav: If two people both hold Shtaros for the same piece of land, dated on the same day, they divide the land. Shmuel: The dispute is resolved by Shuda d'Dayanei. (3)
Rav rules like Rebbi Meir who says that the signatures on the Shtar are essential. Shmuel rules like Rebbi Elazar who says that the witnesses who saw the giving over of the Shtar are essential. (4)
Rav: The Halachah follows the opinion of Rebbi Elazar only with regard to Shtaros. Shmuel: The Halachah also follows his opinion with regard to Gitin.
If a Shtar was written for one person and was not given to him until a different Shtar was given to a second person, the second person is Koneh. (5)
Chachamim: If a person sends money to someone and the Shali'ach cannot find the recipient and the sender dies, the money is divided between the heirs of the sender and the recipient.
The Sages in Bavel: The Shali'ach is empowered to do with the money as he sees fit.
If one person has a Shtar dated the fifth of Nisan and another person has a Shtar dated just Nisan, the Shtar dated the fifth of Nisan has precedence. (6)
A BIT MORE
1. Since we do not make her swear when she collects her Kesuvah, she will realize that if the property is taken away from the first wife, she will lose her property to the first wife. Since she realizes that her possession of the property may be short-lived, there is a concern that she will abuse the property.
2. However, this is true only if he was in the same city when the Din Torah took place, because if the partner had a valid claim he should have showed up at the Din Torah. If the partner was not in the same city as the Din Torah, in such a case he is not bound by the Din Torah of his partner.
3. Shuda d'Dayanei means that the judges decide to whom to give it.
4. Rebbi Elazar maintains that the signatures on a Get are only a Takanas Chachamim; the witnesses who saw the husband give the Get to his wife are essential for the Get. The Machlokes between Rebbi Meir and Rebbi Elazar apply not only to a Get but to all Shtaros.
5. This is in accordance with Rebbi Elazar, who maintains that the witnesses who saw the Mesirah of the Shtar are essential, and not the witnesses who signed on the Shtar.
6. The Shtar dated Nisan without a day of the month may have been written on the twenty- ninth day of Nisan. Therefore, the other Shtar, dated on the fifth of Nisan, has precedence.
DIN TORAH FOR A PARTNERSHIP
Rav Huna says that if one partner loses a Din Torah involving their shared property, the other partner cannot claim that his partner does not represent him. The Mordechai says that this applies only if the partners are a making a claim on somebody else. If there is a claim against the partners, one partner is not liable for the other partner's loss in Beis Din.
THE MONTH WITHOUT THE DAY OF THE MONTH
Reuven and Shimon each have a Shtar that says that Levi owes them money. The Shtar of Reuven is dated the fifth of Nisan, and the Shtar of Shimon is dated Nisan, without a day of the month. If Levi has only one piece of property which is not valuable enough to cover both debts, Reuven has the right to collect, because perhaps the Shtar of Shimon was written at the end of Nisan. (Shulchan Aruch CM 43:23)
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