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GITIN 49

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SUMMARY

If the Idiyos of the Nizak is equal to the Ziburis of the Mazik, according to R. Yishmael the Mazik pays with a property equal to the Idiyos of the Nizak.
 
R. Akiva holds that he must pay with a property equal to the Idiyos of the Mazik
 
R. Yishmael agrees with R. Akiva that if the Idiyos of the Nizak is better than the Ziburis of the Mazik, but not as good as his Idiyos he must pay with a property equal to the Idiyos of the Mazik.
 
If an ox of Hekdesh is gored the owner is Patur; however R. Shimon Ben Menasyah says that both a Tam and a Mu'ad must pay Nezek Shalem.
 
A Ba'al Chov must pay back his Chov with Beinonis.
 
R. Shimon says that the reason why the Torah states that for Nizakin one must pay from Idiyos I sin order that it will act as deterrence for Gazlanim and Chasmanim. (1)
 

 
R. Shimon says that the reason why a Ba'al Chov pays from Beinonis is so that he will not put his eye in his friend's field and lend money in order to take the field for his Chov. (2)
 
Rebbi Yehudah holds that a Kesuvah is collected from Ziburis and R. Meir holds that it is collected from Beinonis.
 
R. Shimon says that a Kesuvah is collected from Ziburis because a woman wants to get married more than a man. (3)
 
When the wife requests a divorce, the husband does not receive a Kesuvah because he cannot be forced to give a Get.
 
When collecting a Chov from orphans one may only collect from Ziburis.
 
Mar Zutra says that a Kesuvah is collected from Ziburis only if it is collected from orphans but if it is collected from the husband she receives Beinonis.
 
A person who makes himself into an Arev (cosigner) for a Kesuvah has no obligation to pay.
 
It is a Machlokes if a person who makes himself into an Arev Kablan for a Kesuvah has an obligation to pay if the husband does not have the money to pay the Kesuvah.

A BIT MORE

1. R. Shimon holds like R. Akiva that the payment is from Idiyos of the Mazik and he holds that we Darshen the reason for the Pasuk.
 
2. Although for that reason he should collect from Ziburis however in order that the door will not be close in the face of the borrowers we allow him to collect from Be'nonus.
 
3. R. Meir holds that it is collected from Beinonis for the reason of Chen (that men will find Chen in the eyes of the women and they will be willing to marry them.).

BRIEF INSIGHT

COMPELLED TO GIVE A GET
 
The Rambam says that if a woman says Ma'is Alay (I find my husband to be revolting) we force him to give a Get. The commentators ask from our Gemara which states when the wife requests a divorce the husband does not receive a Kesuvah because a husband only gives a Get willingly and he could delay giving a Get. According to the Rambam that the husband is sometimes forced to give as Get why does not he receive a Kesuvah? The Maharam Schiff answers that although we sometimes force the husband to give a Get he could use delay tactics that will push off the Get and that is why the Gemara states that it is possible for him to delay the Kesuvah.

QUICK HALACHAH

COLLECTING THE KESUVAH
 
The Chachamim were Mesaken a Kesuvah for a woman and the Tosefes Kesuvah shares the same status as the Kesuvah. The Kesuvah may not be collected any time she wants; it has the Din of a Chov that has a date and it can only be collected upon the death of the husband or if he divorces her. The Chachamim were also Mesaken that if the husband has good properties, Beinonis properties and poor properties she may only collect from the poor properties which are called Ziburis. (Rambam Hilchos Ishus 16:3)
 
The Rambam holds that the Nichsei Tzon Barzel (dowry) do not share the same status as the Kesuvah and they are collected from Beinonis, however the Ramban holds that the Nichsei Tzon Barzel is also collected from Ziburis. (Magid Mishneh)

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