ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Kesuvos 68
KESUVOS 68 (3 Sivan) - dedicated l'Zecher Nishmas Rabbi Bennett Gold (Rav
Dov ben Dovid Meir), by Shari and Jay Gold and family, on his Yahrzeit.
(a) The Tana in a Beraisa says that someone who makes out ...
1. ... that he is blind, fat or lame, when really, he is not - will
eventually become what he pretended to be.
(b) A person must possess - two hundred Zuz before becoming forbidden to
2. ... that he needs Tzedakah when really, he doesn't - will eventually
become poor and need the support of others.
(a) A person who has close to two hundred Zuz - is not obligated to sell his
house and household vessels to remove the necessity to take from Tzedakah.
(b) Another Beraisa obligates him to sell his household goods. Rav Z'vid
initially makes a distinction - between a bed and a chair, which he *is
obligated to sell* (and replace), and cups and dishes, which he is *not*.
(c) We reject Rav Z'vid's distinction however - on the grounds that it is
just as unpleasant for someone who is used to using expensive beds and
chairs to begin using cheaper ones as it is to begin using cheaper cups and
(d) Rava establishes the Beraisa that obligates the sale by something like a
silver plow, which it is not unpleasant for a person to replace. Rav Papa
establishes the Beraisa which obligates him to sell after he has claimed -
meaning that if someone who owned two hundred Zuz took Leket, Shikchah or
Pei'ah (for example), and Beis-Din reclaim it from him, they are even
permitted to sell his household articles in order to reclaim the debt.
(a) If a Yesomah's mother and brother married her off and gave her a dowry
of a hundred or fifty Zuz, when she grows up she is permitted to claim her
full due - one tenth of her father's property.
(b) This applies - even if she agreed to what they gave her at the time.
(c) According to Rebbi Yehudah, if the father married off his first daughter
in his lifetime, then the subsequent daughters are entitled to the same
amount. According to the Chachamim, a person's fortunes tend to fluctuate.
Consequently - Beis-Din will assess the father's assets and fix the amount
for the second daughter's dowry accordingly.
(a) When Shmuel says 'le'Parnasah, Shamin be'Av' - he means that when it
comes to the dowry of an orphan, Beis-Din assess what they think the father
would have given.
(b) Rav Nachman bar Yitzchak reconciles this with the Beraisa, which says
that we do not gauge Parnasah by what the father would have given, but by
the value of the father's property - by establishing the Beraisa, not by her
dowry, but by the Mezonos that she receives from the heirs.
(c) Even though the Tana specifically wrote 'Nizonos u'Misparnesos' - he is
not referring to Mezonos and Parnasah (dowry) respectively, but to food and
drink, and clothes and covers, both of which are assessed according to the
property that the father left when he died.
(a) The Chachamim in our Mishnah refer to a rich man who became poor or a
poor man who became rich. They cannot mean that her dowry depends on the
value of her father's property - because that would mean that according to
the Tana Kama (Rebbi Yehudah), we will ignore the value and give her the
same as her sister, even though he had now become poor. But how can we
possibly give her what is no longer available?
(b) In that case, the Chachamim must be referring to assessing the wishes of
the father, which they maintain, Beis-Din do not do. What they do assess, is
the value of the property. We reconcile Shmuel with our Mishnah - by
establishing his opinion like that of Rebbi Yehudah, who holds that we
assess the father's wishes.
(c) Even though Shmuel follows the opinion of Rebbi Yehudah in our Mishnah,
as we just concluded, he preferred not to say 'Halachah ke'Rebbi Yehudah' -
because then we would have thought that we only give the second daughter the
same as the first because the father married her off in his lifetime, so
Shmuel comes to teach us that Rebbi Yehudah's reason is based on assessment
(whether the father married off his first daughter or not).
(d) The reason that Rebbi Yehudah speaks specifically about when the father
married his off his first daughter, is to teach us that the Rabbanan argue
even there, and decline to follow the father's precedent.
(a) When Rava informed Rav Chisda that they had Darshened in his name
'Halachah ke'Rebbi Yehudah' - he expressed his wish that they should always
say such nice things in his name.
(b) We reconcile this statement of Rava with another statement where he
ruled like Rebbi, who authorizes a daughter to receive a tenth of her
father's property - by establishing the second statement when the father
left no indication of any alternative sum.
(c) We prove this answer from a statement made by Rav Ada bar Ahavah - who
quoted Rebbi as once having allotted a Yesomah one twelfth of her father's
property (clearly in a case whether her father *had* left an indication that
that is what he would have wanted her to receive).
(a) Even according to Rebbi, that generally, a daughter is entitled to a
tenth of her father's property, it does not follow that if a man has ten
daughters, his sons do not receive anything - because after the first
daughter has received a tenth, the second daughter receives a tenth of what
remains, the third daughter, a tenth of what remains after that, and so on.
Finally, one divides the total by ten, and each daughter receives an equal
portion. The remainder of their father's property goes to their brothers.
(b) The above case speaks in a case when they all married simultaneously -
should they wish to marry one after the other, then each subsequent daughter
who marries receives only one tenth of what is left after the first sister
took her portion (without dividing the total into ten equal portions).
(c) A statement of Rav Masna is misquoted as 'Im Ba'u Linasei Kulam
ke'Achas, Notlos Isur Echad'. What he really said was 'Im B'au Linasei
Kulam ke'Achas, *Notlos Isur ke'Echad'*.
(a) According to Rebbi in a Beraisa, once a Yesomah becomes a Bogeres or
marries, she loses her rights to Mezonos - but not to Isur Nechasim.
(b) According to Rebbi Shimon ben Elazar - she loses her rights to Isur
Nechasim as well.
(c) Rebbi Shimon ben Elazar will agree however, that even a married girl
receives Isur Nechasim - provided she married when she was a Ketanah.
(d) Consequently - they would 'hire a husband' for Yesomos when they were
still Ketanos, to ensure that they did not lose their rights to Isur
(a) Rav Nachman quoted Rav Huna who ruled like Rebbi. In answer to Rava's
Kashya, he reconciled that ruling with our Mishnah, which permits
specifically a Ketanah whose mother or brother married her off to claim Isur
Nechasim when she grows up, but not if she married as a Na'arah or a
Bogeres - by establishing the Mishnah when she married without lodging a
protest (demanding her rights to Isur Nechasim - a sign that she is willing
to forego the Isur Nechasim), whereas Rebbi is speaking when she does
(b) Rav Nachman proves this answer to Rava from another Beraisa, where Rebbi
rules that a daughter who is being fed by her brothers (i.e. a Ketanah or a
Na'arah) is entitled to Isur Nechasim - from which we can infer that if she
is not being fed, she loses those rights. To reconcile this with what we
just said (that, according to Rebbi, even a woman who marries or who becomes
a Bogeres retains her rights to Isur Nechasim)we will have to establish this
Beraisa when she did not protest, whereas Rebbi in the previous Beraisa
speaks when she did.
(c) Rav Ada bar Ahavah quoting Rava qualified this ruling (that marriage
loses a girl Isur Nechasim) - by restricting it to a case where she got
married after she became a Bogeres. In all other cases, she does not lose
her rights to Isur Nechasim, even if she failed to protest.
(d) We reconcile Rava's ruling with Rav Nachman, who answered Rava's Kashya
with the Beraisa, where the girl clearly loses Isur Nechasim even if she
married when she was a Na'arah - by establishing that case when she was not
being fed by her brothers (of her own choice), in which case her failure to
lodge a protest is a sure sign that she is willing to forego the Isur
Nechasim. Briefly then, a Na'arah never loses Isur Nechasim, a Na'arah who
marries retains Isur Nechasim, if she is either being fed by the brothers or
if she lodges a complaint, whereas a Bogeres who marries only retains Isur
Nechasim if she complains.
(a) Rav Huna quoting Rebbi states that a daughter's dowry does not have the
Din of T'nai Kesuvah - meaning the daughter's Mezonos ( that she is fed by
(b) He could not have meant that, unlike T'nai-Kesuvah ...
1. ... she can claim Parnasah from Meshubadim - because it was an everyday
occurrence to claim Parnasah from the Meshubadim of the brothers, but not
Mezonos (in which case, his statement would not have contained any Chidush).
(c) A woman may claim Parnasah from Meshubadim, but not Mezonos - because
the former is a fixed amount (and the buyers know exactly how much is at
stake), whereas the latter is not.
2. ... she cannot claim it from Metaltelin - because according to Rebbi in a
Beraisa, both may claim from Metaltelin.
(d) What Rebbi meant was - that whereas if a dying man left instructions not
to feed his daughters from his property, we ignore his instructions (seeing
as Mezonos is a T'nai Kesuvah), we do follow his instructions not to give
them Parnasah (because Parnasah is not a T'nai Kesuvah. It is merely an
obligation on the heirs, based on the assumption that that is what their
father would have wanted).