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Previous daf Kesuvos 53
1) [line 3] SHINENA - well-learned person
2) [line 3] LO SEHEVEI B'ABUREI ACHSANTA - do not get involved in a case
where a father transfers his inheritable assets from one son to another
3) [line 4] BARA BISHA - a wicked son
b) [line 4] BARA TAVA - a righteous son
4) [line 8] L'ASUYEI NAMI?! - to compel him also?!
5) [line 9] D'UL V'ASYEI - that you should go in and coerce him
6) [line 10] MA'ALAI DIDI HAINU ASIYAH! - That I should enter is in itself
7) [line 10] ACHPEYEI - Rav Papa [verbally] forced Yehudah Bar Mereimar to
8) [line 11] SAVAR, HAHU MIRTACH RASACH - Aba Sura'ah thought (since Yehudah
Bar Mereimar was quiet ) "he is angry" (because the dowry was not large
9) [line 13] HASHTA NAMI LO MISHTA'I MAR?! - Do you also not speak to me
now?! i.e., Are you still upset about the amount that I am consigning to my
10) [line 13] CHAYEI D'MAR! - By the life of the master (Yehudah Bar
Mereimar)! (this is a term often used as an oath)
11) [line 14] LO SHEVIKI MIDI L'NAFSHAI - I have not left over anything for
12) [line 15] AFILU HAI NAMI D'CHASVAS LO NICHA LI - even the original sum
that you agreed to give was not pleasing to me (i.e. was too much in my
13) [line 16] AHADAR BI - I can retract what I agreed to give
14) [line 17] HADRANA - one who retracts his word
*15*) [line 20] V'SIBA'I LACH MOCHELES - that is, since Rav Yeimar did not
question what the Halachah is in the more common case of a woman who is
*Mocheles* her Kesuvah to her husband, Rava thought that Rav Yeimar took it
for granted that she does not lose the Kesuvas Benin Dichrin in such a case.
He only questioned whether a woman who *sells* the Kesuvah to her husband
loses the Kesuvas Benin Dichrin: Since she sold it and was compensated for
her Kesuvah by her husband during her lifetime, perhaps she loses all of her
(and her children's) rights to the Kesuvah. Rava therefore protested that the
same question may be asked about one who is *Mocheles* the Kesuvah to her
husband, since compensation is not a factor. [Rav Yeimar replied that he
agreed to Rava on this point. His intention, to the contrary, was that there
is *more* reason for her to lose her Kesuvah when she is Mocheles since she
wantonly showed disregard for the Kesuvah, and she does not deserve for her
children to have the Kesuvas Benin Dichrin.] (RASHI -- see also RITVA)
16) [line 22] ZUZEI ANSUHA - [the need for] money compelled her [to sell the
17) [line 22] KEMAN D'KA MACHU LAH ME'AH UCHLEI B'UCHLA - (a) it is as if
they beat her one hundred times with a lash to which was attached a piece of
metal that resembled an Uchla, a weight equal to one eighth of a Litra
(RASHI); (b) it is as if they beat her one hundred measures in retribution
for her one measure (MUSAF HA'ARUCH)
18) [line 34] V'HAVINAN BAH - and we ask about it
19) [line 36] YETZER ANSAH - the evil inclination coerced her to sin (and
marry her second husband when her first husband was actually still alive)
20) [line 44] ONEN (ANINUS - The Halachic status of a mourner immediately
after a close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his
seven closest relatives for whom he is required to arrange for burial (i.e.
father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim
101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom,
ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to
an Onen is that a Kohen Onen is prohibited from doing the Avodah (divine
service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7,
21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim,
Terumah and Ma'aser Sheni.
(b) Besides the prohibition against an Onen performing the Avodah, eating
Kodshim, etc. *mid'Oraisa*, the Rabanan extended the prohibitions even after
Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to
the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa
always applies for the entire day or for part of the day in certain cases.
With regard to these questions, Aninus may be broken into five time periods,
1. The day of death, before burial - according to all opinions Aninus
mid'Oraisa applies, as above.
21) [line 44] MITAMEI LAH
2. The day of death, after burial - according to Rashi (Pesachim 90b DH
ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to
the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.
3. The night after the day of death (according to Rashi in #2, before burial;
according to Ramban in #2, even after burial) - the Tana'im argue if the
Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule
that the Aninus is not mid'Oraisa but rather mid'Rabanan.
4. The days after the day of death, even if the body has not been buried -
Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of
burial. Also on the day of "Likut Atzamos" (when the remains of one of the
close relatives are exhumed and re-buried elsewhere), the Rabanan decreed
that the person is an Onen for that entire day.
5. The night after the day of burial - the Tana'im (Zevachim 100b) argue
whether the person is an Onen mid'Rabanan or not at all, and the Halachah
follows the opinion that he is not an Onen at all.
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with
corpses while concurrently commanding them to handle the burial of certain
relatives. Those relatives are the Kohen's mother, father, son, daughter,
brother, sister from his father (if she is an unmarried virgin), and wife (if
the wife is permitted to be married to him).
(b) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she
married him as a minor after her father died), her husband is allowed and
required to handle her burial. (The Gemara concludes that the Kohen is
actually permitted to bury her mid'Oraisa, even though she is only married to
him with a Kidushin mid'Rabanan. Since the Kohen inherits her nobody else
will handle her burial, and therefore she is like a Mes Mitzvah -- see
Insights to Yevamos 89b.)
(c) The prohibition to come into contact with a corpse applies only to male
Kohanim who are not Chalalim. (However, immediately before, and during, the
three pilgrimage holidays (Pesach, Shavuos and Sukos), every Jew, male or
female, is commanded to be Tahor -- RASHI, Yevamos 29b DH v'Lo Mitames.) The
positive command to handle the burial of the seven relatives mentioned above
(a) applies not only to Kohanim, but to all Jews.
*22*) [last line] ARUSAH SHE'MESAH EIN LAH KESUVAH - if an Arusah dies, the
husband does not have to pay the value of her Kesuvah towards her burial.
23) [line 1] SHEKILA TIVUSICH SHADYA A'CHIZREI - the high esteem in which you
expect to be held for your citation of the ruling of Reish Lakish has been
removed and thrown on the thorns
24) [line 1] KEVAR TIRGEMA RAV HOSHAYA L'SHEMA'ATEI B'VAVEL - Rav Hoshaya has
already explained the teaching in Bavel (Ravin heard the teaching from Reish
Lakish in Eretz Yisrael)
25) [line 3] AD D'SILAKCHAN L'GUVRIN - until they get married
26) [line 4] AD D'SIBAGRAN - until they reach the age of a Bogeres (six
months after they show signs of puberty)
27) [line 8] V'YIMTEI ZIMNEIHON D'INASVAN - and their time to be married
28) [line 9] TARTEI? - both of these [conditions]?
29) [line 12] TANI RAV YOSEF AD D'YEHEVYAN - Rav Yosef taught (in his
compilation of the Mishnah) "until they become [bound to their husbands]"
30) [line 13] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9)
quotes and discusses various explanations for the word Teiku:
1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
31) [line 16] MISHMA LO SHEMI'A LI - I did not hear it from his explicitly
2. Tehei Ka'i ("let it [the question] stand") (MUSAF HA'ARUCH).
3. Tishbi Yetaretz Kushyos v'Ibayos (Eliyahu ha'Navi will answer difficulties
and questions) (TOSFOS YOMTOV, end of Eduyos).
32) [line 18] D'SITZIL - that she should be disgraced (by begging for food)
33) [line 19] KEIVAN D'LO KIM LEI B'GAVAH - since he is not sure about
[whether he will marry] her
34) [line 27] MEMA'ENES (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the
Chachamim also gave *her* the right to get married by herself. This marriage
is also mid'Rabanan. According to the Rambam, she must be at least ten years
old, or at least six years old if she has an understanding of the concept of
marriage. According to the Ra'avad, however, her Kidushin is valid even if
she has enough sense to guard the object given to her for her Kidushin (and
she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic
puberty and becomes a Na'arah (through the growth of two pubic hairs), she
has the option of annulling the marriage through a procedure known as Mi'un
(refusal). She says before two witnesses, "I do not want him," and the
marriage is annulled retroactively. There is no need for her to receive a Get
(a bill of divorce). A girl who is married off by her father cannot annul the
marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
35) [line 29] SHOMERES YAVAM (YIBUM)
(a) If a married man dies childless, his widow must undergo Yibum (the
marriage of a dead man's brother with his wife), as it states in Devarim
25:5-10. Chazal learn from the verses that there is a preference for the
oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a
procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He
appears before a Beis Din of three and states, "I do not want to marry her,"
after which his sister-in-law approaches him before the elders, takes off his
right sandal and spits in front of him. She then declares, "This is what
shall be done to the man who will not build up a family for his brother," and
she is then free to marry whomever she wants.
(c) The *connection* of the brother to the dead man's wife, which obligates
one of the two, is called Zikah. It is comparable to the state of Eirusin
(engagement) before a marriage. The Tana of the Mishnah from Yevamos rules
that the Zikah "connects" the Yevamah with all of the brothers, not only the
oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a
36) [last line] SHENIYAH
(a) In addition to the forbidden relationships (Isurei Ervah) prohibited by
the Torah and punishable with Kares (Vayikra 18:6-30, 20:10-22, et. al.), the
Chachamim decreed to prohibit certain relatives who are permitted mid'Oraisa.
This decree of Sheniyos (lit. "secondaries") was meant to distance a person
from engaging in relationships that are prohibited by the Torah. Although the
Chachamim lent severity to this Isur by showing hidden inferences to Sheniyos
from various verses in the Torah (Yevamos 21a), nevertheless the prohibition
of Sheniyos is only mid'Rabanan. Therefore, if a man betroths a Sheniyah, his
Kidushin is valid, and the resulting child is not a Mamzer as the child of an
Ervah mid'Oraisa would be. If a Yevamah is a Sheniyah of the Yavam, she and
her Tzarah (co-wife) must do Chalitzah and not Yibum.
(b) In some cases Sheniyos were prohibited only in a single generation, while
in other cases they were prohibited in subsequent generations as well. For
example, not only is one's mother's mother a Sheniyah, his mother's mother's
mother is a Sheniyah as well; not only is one's son's daughter-in-law a
Sheniyah, his son's son's daughter-in-law is a Sheniyah as well. The general
rule is that if there is an Ervah mid'Oraisa in one generation (in the above
example, one's mother or daughter-in-law) the associated Sheniyah was
prohibited in all previous generations and subsequent generations as well;
that is, the Sheniyah was prohibited "without a Hefsek" (RASHI 21a DH v'Eshes
Achi ha'Av -- There are several exceptions to this rule; see Chart #6 to
Yevamos 21a-22a and footnotes 2, 3.)
(c) There are those who prohibited Sheniyos based on the principle that "any
relative who, as a female, is Asur as an Ervah, as a male his wife is Asur
mid'Rabanan (i.e. a Sheniyah)." For example, since a man's daughter's
daughter is prohibited to him, the Chachamim decreed that the daughter-in-law
of his daughter is prohibited to him as a Sheniyah (GEMARA Yevamos 21b; see
TOSFOS ibid. DH Lo Asru)