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 86
KESUVOS 86 - Sponsored anonymously in honor of Brian and Bailey Sigman, on
the occasion of the birth of their baby girl.
1) PARDONING A DEBT
(a) The daughter heard the counsel, and pardoned the Kesuvah.
2) WITH WHAT ARE DEBTS PAID
1. Rav Nachman: I have acted as a lawyer (and I regret
(b) Question: Why did he originally give the counsel, and
later regret it?
(c) Answer: Originally, he thought "Do not neglect your
flesh". Later, he felt that an important person should
refrain in such a case.
(d) (Shmuel): One who sells a loan document may pardon the
debt; even the heir of the seller may pardon it.
1. (Rav Huna Brei d'Rav Yehoshua): If the buyer is
clever, he will offer money to the borrower to write
a loan document obligating himself to the buyer.
(e) (Ameimar): According to the opinion that one must pay for
Garmi (indirect damage), one who pardons a sold debt must
pay the full value of the document; the opinion that one
is exempt for Garmi says that the buyer only gets a piece
1. A case occurred, and Rafram overwhelmed Rav Ashi
(with proofs), and Rav Ashi obligated the person to
pay the full value.
(a) (Ameimar): A man that must pay a creditor and a Kesuvah,
and had land and money - each receives according to his
law: the creditor gets money, and the ex-wife gets land.
1. If there is only land, it is given to the creditor.
(b) Rav Papa (to Rav Chama): Did you cite Rava to say that if
a creditor demands to be paid money, and the borrower
only has land, that we force him to sell his land?
2. Question: Why?
3. Answer: A woman wants to get married more than a man
(and she will not refrain even if she has inferior
rights of collection - but people may refuse to lend
if they have poor collection rights).
1. Rav Chama: No.
(c) Question (Rav Kahana, to Rav Papa): You hold that it is a
Mitzvah to pay a debt - if he says, 'I do not want to do
the Mitzvah' - what happens?
2. Rav Papa: What was the case?
3. Rav Chama: The borrower (falsely) claimed that his
money belonged to a Nochri. Since he acted
improperly, we treated him improperly, and forced
him to sell his land.
(d) Answer (Rav Papa - Mishnah): (40 lashes) apply by Chaivei
Lavin; but by a Mitzvas Ase, such as someone that refuses
to make a Sukah or take a Lulav, we lash him until he
(e) Question (Rami Bar Chama): 'This is your Get, but you
should not be divorced until 30 days from now'; she put
the Get in the side of a public domain - what is the law?
3) CAN ONE IMPOSE AN OATH ON HIS WIFE?
(f) Version #1 - Answer (Rav Chisda): From Rav and Shmuel, we
see that she is not divorced.
1. (Rav and Shmuel): (For seizure of orphans' property
to take effect,) the property must be in a public
domain; the side of a public domain is as a public
(g) Rejection: No! Rather, we learn from Rav Nachman that she
1. (Rav Nachman): One who says to his friend - drag
this cow, and do not acquire it for 30 days, he
acquires it, even if it is in a swamp.
(h) Version #2 - Answer (Rav Chisda): From Rav Nachman, we
see that she is divorced; a swamp is as the side of
2. Suggestion: A swamp is as the side of public domain.
3. Rejection: No, they are different.
(i) Rejection: No! Rather, we learn from Rav and Shmuel that
she is not divorced!
1. Suggestion: The side of a public domain is as a
2. Rejection: No, they are different.
(a) (Mishnah): One who appoints his wife to sell his produce
or oversee his affairs can impose an oath on her (that
she has not embezzled money) whenever he wants;
(b) R. Eliezer says, he can even make her swear on the thread
she spins or the dough she bakes.
(c) (Gemara) Question: Does R. Eliezer say that he can only
make her swear through Gilgul (once she must swear on
something else, she must also swear on the thread or
1. Or, can he make her swear on these alone?
(d) Answer (Beraisa): Chachamim said to R. Eliezer - a person
cannot live with a snake in a basket.
1. We understand, if he can make her swear on these
alone, this is intolerable.
(e) Rejection: Still, she can say, I cannot live with someone
who is so exacting with me.
2. But if he can only make her include these when
swearing on other things, what difference does it
make to her?
(f) Answer (Beraisa): A man did not exempt his wife from vows
and oaths, and appointed her to sell his produce or
oversee his affairs. He can impose an oath on her
whenever he wants; if he did not appoint her to sell his
produce or oversee his affairs, he cannot impose an oath
1. R. Eliezer says, even though he did not appoint her
to sell his produce or oversee his affairs, he can
impose an oath on whenever he wants, since every
woman is sometimes as an overseer on her thread and
(g) (Mishnah): A man wrote to his wife - 'I have no vow or
oath against you' - he cannot make her swear, but he can
impose an oath on her heirs or someone who bought her
2. Chachamim: A person cannot live with a snake in a
i. We see, R. Eliezer says he can make her swear
on these alone.
(h) 'I have no vow or oath against you, your heirs, or one
who buys your Kesuvah' - he cannot impose an oath on her,
her heirs, or one who bought her Kesuvah; but his heirs
can impose an oath on her, her heirs, or one who bought
(i) 'I, my heirs, or one who buys my property - we have no
vow or oath against you, your heirs, or one who buys your
Kesuvah' - he, his heirs, or one who buys from him,
cannot impose an oath on her, her heirs, or one who
bought her Kesuvah.
(j) If she went from burying her husband to her father's
house, or returned to her father-in-law's house, and did
not become an overseer - the heirs can impose an oath on
her regarding the future, not regarding the past.
(k) (Gemara): From which oath is he exempting her?