POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 52
1) WHO MUST BE REDEEMED
(a) A Mamzeres or Nesinah married to a Yisrael, he does not
have to redeem her, since it does not apply what he
wrote, 'I will return you as a wife'.
2) HOW MUCH MUST HE PAY TO REDEEM HER?
(b) (Rava): Whenever the captivity caused her to be forbidden
to her husband, he must redeem her; if something else
forbade her, he is exempt.
(c) Suggestion: The Tana'im argued on this also.
1. (Beraisa): One who forbids his wife with a vow, and
she is captured - R. Eliezer says, he redeems her
and gives her a Kesuvah; R. Yehoshua says, he need
not redeem her, but must pay a Kesuvah;
(d) Suggestion: The Tana'im argue by the wife of a Kohen;
Abaye holds as R. Eliezer, and Rava as R. Yehoshua.
2. R. Nasan: I asked Sumchus - is R. Yehoshua dealing
with a case the vow preceded the captivity, or when
it came later?
3. Sumchus: I did not hear - presumably, the vow came
first - if not, he will come to scheme (he will vow
to exempt himself of the obligation to redeem her)!
(e) Rejection: No. The case is, she vowed, and he confirmed
1. R. Eliezer says, he put her finger in her mouth (it
is his fault); R. Yehoshua says, she is to blame.
(f) Retraction: Rather, the case is, he took the vow. Abaye
and Rava argue according to both Tana'im.
2. Objection #1: If R. Yehoshua says that she is to
blame - he should not have to pay a Kesuvah!
3. Objection #2: If R. Yehoshua says that she is to
blame - why did R. Nasan ask if the vow preceded the
captivity or not - it makes no difference!
1. Abaye says that all agree that a Kohen Gadol must
redeem a widow, but a Yisrael need not redeem a
Mamzeres or Nesinah. A Kohen that vowed must redeem
his wife - just as the Kohen Gadol.
(g) (Beraisa): If she was captured in his lifetime, and he
died - if he heard that she was captured, the heirs must
redeem her; if not, not.
i. The argument is by a Yisrael that vowed. R.
Eliezer goes after the beginning (when he wrote
the Kesuvah, it applied 'I will return you as a
wife'); R. Yehoshua goes after the end (when
she was captured, he could not return her as a
2. Rava says that all agree that a Kohen Gadol need not
redeem a widow, nor a Yisrael married to a Mamzeres
i. The argument is by a Kohen or Yisrael that
vowed. R. Eliezer goes after the beginning -
(when he wrote the Kesuvah, there was no other
prohibition); R. Yehoshua goes after the end
(without the captivity, the vow prevents him
from returning her as his wife).
1. Levi was ready to decide a case as this Beraisa.
Rav: R. Chiya said, the law is not as this Beraisa,
rather as the following.
2. (Beraisa): If she was captured after the husband
died, or even during his lifetime and he died, the
heirs need not redeem her, since it does not apply
'I will return you as a wife'.
(a) (Beraisa): The captors are asking up to 10 times her
value - the 1st time, he must redeem her; after this, it
is his choice;
(b) R. Shimon Ben Gamliel says, we decreed not to redeem
captives above their value.
3) HEALING HER
1. Up to their value, we do redeem, even if it exceeds
(c) Contradiction (Beraisa): The captors are asking up to 10
times her Kesuvah - the 1st time, he must redeem her;
after this, it is his choice; R. Shimon Ben Gamliel says,
if her redemption does not exceed her Kesuvah, he must
redeem her; if it is more, he is exempt!
(d) Answer: R. Shimon Ben Gamliel is lenient both ways (he
need not pay more than her value, nor more than her
(a) (Mishnah): If she gets sick, he must heal her.
4) THE KESUVAH PASSES TO HER SONS
(b) (Beraisa): A widow is fed from the orphans; medical
expenses are like food;
(c) R. Shimon Ben Gamliel says, medical expenses with a limit
are taken from her Kesuvah; if there is no limit, they
are like food.
(d) (R. Yochanan): In Eretz Yisrael, bloodletting is
considered to be unlimited.
(e) R. Yochanan's relatives lost their father; his widow had
daily medical expenses.
1. R. Yochanan: Get a doctor to fix a price for her
2. R. Yochanan: I acted as a lawyer (which is wrong).
3. Question: Why did he first give the counsel, and
later regret it?
4. Answer: Initially, he felt he should fulfill "Do not
hide from your flesh (kin)"; later, he felt that an
important person should not give such counsel.
(a) (Mishnah): If a husband did not write in the Kesuvah
'Sons you will have from me will inherit the money of
your Kesuvah together will their portion with their
brothers (from other wives)' - it still applies, by
decree of Beis Din;
5) PRESSURE ON THE FATHER TO GIVE A DOWRY
(b) If he did not write 'Daughters you will have from me will
live in my house and be fed from my property until they
get married' - it still applies, by decree of Beis Din;
(c) 'You will live in my house and be fed from my property
all the days of your widowhood in my house' - it still
applies, by decree of Beis Din;
1. In Yerushalayim and Galil, they wrote this. In
Yehudah, they wrote 'Until the heirs want to pay you
your Kesuvah'; therefore, if they wanted, they would
pay her Kesuvah and end her privileges.
(d) (Gemara - R. Yochanan): 'Kesuvas Bnin Dichrin' (that her
sons inherit her Kesuvah) was enacted to encourage men to
give property to their daughters, as to their sons.
1. Question: Do we ever find - the Torah says, a son
inherits and not a daughter - and the Chachamim
enact that a daughter inherits?
(e) Question: How much should he give?
2. Answer: The Torah did say that a man should give to
his daughter - "Take wives for your sons and give
your daughters to men".
i. It is normal for a man to pursue a girl (for
ii. Question: It is not normal to pursue a man (for
iii. Answer: We learn, he should give her clothing
and property, so men will want to marry her.
(f) Answer (Abaye and Rava): Up to a tenth of his property.
(g) Question: (If the purpose was so men should give dowries
to daughters,) the enactment should be that her sons
inherit what her father gave (the dowry), but not what
the husband pays (100 or 200)!
(h) Answer: If the sons would not also get from the husband,
the father would not want to give.
(i) Question: We should say, when the father gave a dowry,
the sons inherit what the husband pays; when the father
doesn't give, the sons do not inherit!
(j) Answer: Chachamim made a uniform decree.
(k) Question: If she has a daughter but no sons, the daughter
should inherit the Kesuvah, even when the father has sons
from other wives!
(l) Answer: Chachamim made their enactment as an inheritance.
(m) Question: When the father has only daughters, a daughter
should inherit her mother's Kesuvah!
(n) Answer: Chachamim made a uniform decree.
(o) Question: It should be collected from Metaltelim as well!
(p) Answer: Chachamim made the enactment like a Kesuvah.
(q) Question: The mother should be able to sieze (on behalf
of her sons) property that the father sold!
(r) Answer: The Mishnah says, they *inherit* (heirs to not
receive property that was sold).
(s) Question: The enactment should apply, even if the father
does not leave more property than his wives' Kesuvos!
(t) Answer: Chachamim did not enact this in a situation that
inheritance of the Torah will be uprooted.
(a) Rav Papa was marrying off his son to a daughter of Aba
Surah; he went to write the Kesuvah. Yehudah Bar Meremar
went with him, but did not want to enter the house.