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BAVA KAMA 89

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BAVA KAMA 89 - Dedicated by Rabbi Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) who passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

SUMMARY

If two witnesses testify that a husband divorced his wife and gave her the Kesuvah and they turned out to be Eidem Zomemim they must pay the wife the Tovas Hana'ah of the Kesuvah. (1)
 
The Nichsei Melug belongs to the wife but the Nichsei Tzon Barzel (the dowry that was written in the Kesuvah) belongs to her husband. (2)
 
If a woman sells the Tovas Hana'ah of her Kesuvah while she is still married the proceeds belong to her and her husband does not have a right to the fruit because it is considered Peiros of Peiros. (3)
 
If someone injures a non-Jewish servant or a woman he is Chayav, but if a servant or a woman injures someone they are Patur until the servant is freed or he woman is divorced. (4)
 
R. Meir holds that it is forbidden for a person to live with his wife if she doesn't have a Kesuvah because without a Kesuvah it is easy for him to divorce her.
 
Shmuel says when someone sells a Shtar Chov he or his inheritor may be Mochel the Chov.
 
Even if a woman injures her husband she is Patur form paying and she doesn't have to sell her Kesuvah for the Tovas Hana'ah in order to pay. (5)
 
According to R. Meir a woman may not sell her Kesuvah for the Tovas Hana'ah to her husband because since he no longer owes her the Kesuvah it will be easy for him to divorce her.
 
If a woman's Kesuvah is more than 200 Zuz may sell the extra Kesuvah for the Tovas Hana'ah to her husband even according to R. Meir. (6)
 

 
Just as if a woman sells her Kesuvah to others her children do not lose the Kesuvah Bnin Dichrin so too if she sells her Kesuvah to her husband her children do not lose the Kesuvah Bnin Dichrin. (6)
 
According to one Tana an Eved Melug goes free if the woman knocks out his tooth or eye but not of the husband knocks it out, while another Tana holds that he doesn't go free if the woman or the man knocks out his tooth or eye.

A BIT MORE

1. Since it is not certain that their testimony would have cost her the Kesuvah because maybe she would have predeceased her husband and would not have collected her Kesuvah, therefore they pay the value of the Kesuvah which is determined by the amount she would receive for selling the Kesuvah right now and the buyer would receive the Kesuvah if she dies before her husband or her husband divorces her.
 
2. When a the wife collects her Kesuvah she also collects the Nichsei Tzon Barzel, however until that time it completely belongs to her husband, while the Nichsei Melug belong to her but the husband eats the fruit of the property.
 
3. Although the husband eats the Peiros of the property of his wife. However the proceeds of the sale of her Kesuvah are considered the Peiros of Peiros of the Kesuvah and the husband eats Peiros not Peiros of the Peiros.
 
4. Everything a servant owns belongs to his master and the fruit of everything that a wife owns belongs to her husband and therefore they do not have money to pay as long he is still a servant and she is still a wife.
 
5. This is according to the opinion of R. Meir who holds that a husband may not live with his wife without a Kesuvah and therefore she may not sell her Kesuvah for the Tovas Hana'ah to her husband in order to pay for the injury.
 
6. So too if a woman injures her husband and the injury is equal to the amount of her Kesuvah she may sell the Kesuvah to her husband for the Tovas Hana'ah even according to R. Meir because anyway he will collect the Kesuvah from her as payment for the injury.
 
7. If a person has two wives and they both predecease him or one of the wives predeceases when the father dies the sons of each wife take the amount of the Kesuvah of their mother prior to the splitting the rest of the inheritance. Therefore if the Kesuvah of one of the wives is greater than the other her children will have a bigger share of the inheritance than the sons of the other wife. Even if one of the wives sold her Kesuvah to a third party or to her husband the children still get the Kesuvas Bnin Dichrin because she was forced to sell the Kesuvah because of her desperation for money.

BRIEF INSIGHT

DINA D'GARMI
 
If woman injures someone she is Patur until she is divorced because her husband owns the Peiros of her property and therefore she is unable to pay her Chov. Although she can sell her Kesuvah for the Tovas Hana'ah since will certainly be Mochel the Kesuvah we do not ask her to sell the Kesuvah. Tosfos asks that this Gemara is in accordance with R. Meir and R. Meir holds that a person must pay for Dina d'Garmi and if she is Mochel the Kesuvah she must pay because it is Dina d'Garmi. Tosfos answers even though she will have to pay for the Dina d'Garmi after she is divorced since she has no money right now she is not concerned that she will have to pay later and she will be Mochel the Kesuvah anyway.

QUICK HALACHAH

INJURY OF THE HUSBAND
 
If a woman injures her husband if she has a Tosefes Kesuvah, Nichsei Melug or Nichsei Tzon Barzel she must sell it to her husband for the Tovas Hana'ah if the husband wants. If the husband chooses to divorce her he may collect the entire payment. If she does not have a Tosefes Kesuvah, Nichsei Melug or Nichsei Tzon Barzel she may not sell to the principle Kesuvah to her husband because it is Asur for a person to live with his wife without a Kesuvah. (Shulchan Aruch CM 424:10)

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