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Today's Daf Yomi

May 17, 2015 | 讻状讞 讘讗讬讬专 转砖注状讛

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the refuah shleima of Naama bat Yael Esther.

  • Masechet Ketubot is sponsored by Erica and Rob Schwartz in honor of the 50th wedding anniversary of Erica's parents Sheira and Steve Schacter.

Ketubot 104

Study Guide Ketubot 104


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讚诪讚诇讬讗 讜讘住讬诐 讗讜讬专讗

which is situated at a high altitude and whose air is scented.

讛讛讜讗 讬讜诪讗 讚谞讞 谞驻砖讬讛 讚专讘讬 讙讝专讜 专讘谞谉 转注谞讬转讗 讜讘注讜 专讞诪讬 讜讗诪专讬 讻诇 诪讗谉 讚讗诪专 谞讞 谞驻砖讬讛 讚专讘讬 讬讚拽专 讘讞专讘

搂 It is related that on the day that Rabbi Yehuda HaNasi died, the Sages decreed a fast, and begged for divine mercy so that he would not die. And they said: Anyone who says that Rabbi Yehuda HaNasi has died will be stabbed with a sword.

住诇讬拽讗 讗诪转讬讛 讚专讘讬 诇讗讬讙专讗 讗诪专讛 注诇讬讜谞讬诐 诪讘拽砖讬谉 讗转 专讘讬 讜讛转讞转讜谞讬诐 诪讘拽砖讬谉 讗转 专讘讬 讬讛讬 专爪讜谉 砖讬讻讜驻讜 转讞转讜谞讬诐 讗转 讛注诇讬讜谞讬诐 讻讬讜谉 讚讞讝讗讬 讻诪讛 讝讬诪谞讬 讚注讬讬诇 诇讘讬转 讛讻住讗 讜讞诇抓 转驻讬诇讬谉 讜诪谞讞 诇讛讜 讜拽诪爪讟注专 讗诪专讛 讬讛讬 专爪讜谉 砖讬讻讜驻讜 注诇讬讜谞讬诐 讗转 讛转讞转讜谞讬诐

The maidservant of Rabbi Yehuda HaNasi ascended to the roof and said: The upper realms are requesting the presence of Rabbi Yehuda HaNasi, and the lower realms are requesting the presence of Rabbi Yehuda HaNasi. May it be the will of God that the lower worlds should impose their will upon the upper worlds. However, when she saw how many times he would enter the bathroom and remove his phylacteries, and then exit and put them back on, and how he was suffering with his intestinal disease, she said: May it be the will of God that the upper worlds should impose their will upon the lower worlds.

讜诇讗 讛讜讜 砖转拽讬 专讘谞谉 诪诇诪讬讘注讬 专讞诪讬 砖拽诇讛 讻讜讝讗 砖讚讬讬讗 诪讗讬讙专讗 [诇讗专注讗] 讗讬砖转讬拽讜 诪专讞诪讬 讜谞讞 谞驻砖讬讛 讚专讘讬

And the Sages, meanwhile, would not be silent, i.e., they would not refrain, from begging for mercy so that Rabbi Yehuda HaNasi would not die. So she took a jug [kuza] and threw it from the roof to the ground. Due to the sudden noise, the Sages were momentarily silent and refrained from begging for mercy, and Rabbi Yehuda HaNasi died.

讗诪专讜 诇讬讛 专讘谞谉 诇讘专 拽驻专讗 讝讬诇 注讬讬谉 讗讝诇 讗砖讻讞讬讛 讚谞讞 谞驻砖讬讛 拽专注讬讛 诇诇讘讜砖讬讛 讜讗讛讚专讬讛 诇拽专注讬讛 诇讗讞讜专讬讛 驻转讞 讜讗诪专 讗专讗诇讬诐 讜诪爪讜拽讬诐 讗讞讝讜 讘讗专讜谉 讛拽讚砖 谞爪讞讜 讗专讗诇讬诐 讗转 讛诪爪讜拽讬诐 讜谞砖讘讛 讗专讜谉 讛拽讚砖 讗诪专讜 诇讬讛 谞讞 谞驻砖讬讛 讗诪专 诇讛讜 讗转讜谉 拽讗诪专讬转讜 讜讗谞讗 诇讗 拽讗诪讬谞讗

The Sages said to bar Kappara: Go and ascertain the condition of Rabbi Yehuda HaNasi. He went and found that Rabbi Yehuda HaNasi had died. He tore his clothing and reversed them so that the tear would be behind him and not be noticed. When he returned to the Sages he opened his remarks and said: The angels [erelim] and righteous mortals [metzukim] both clutched the sacred ark. The angels triumphed over the righteous, and the sacred ark was captured. They said to him: Has he died? He said to them: You have said it and I did not say it, as it had been decided that no one should say that he died.

讘砖注转 驻讟讬专转讜 砖诇 专讘讬 讝拽祝 注砖专 讗爪讘注讜转讬讜 讻诇驻讬 诪注诇讛 讗诪专 专讘讜谞讜 砖诇 注讜诇诐 讙诇讜讬 讜讬讚讜注 诇驻谞讬讱 砖讬讙注转讬 讘注砖专 讗爪讘注讜转讬 讘转讜专讛 讜诇讗 谞讛谞讬转讬 讗驻讬诇讜 讘讗爪讘注 拽讟谞讛 讬讛讬 专爪讜谉 诪诇驻谞讬讱 砖讬讛讗 砖诇讜诐 讘诪谞讜讞转讬 讬爪转讛 讘转 拽讜诇 讜讗诪专讛 讬讘讗 砖诇讜诐 讬谞讜讞讜 注诇 诪砖讻讘讜转诐

It is further related: At the time of the death of Rabbi Yehuda HaNasi, he raised his ten fingers toward Heaven and said in prayer: Master of the Universe, it is revealed and known before You that I toiled with my ten fingers in the Torah, and I have not derived any benefit from the world even with my small finger. May it be Your will that there be peace in my repose. A Divine Voice emerged and said: 鈥淗e enters in peace, they rest in their beds鈥 (Isaiah 57:2).

注诇 诪砖讻讘讱 诪讬讘注讬 诇讬讛 诪住讬讬注 诇讬讛 诇专讘讬 讞讬讬讗 讘专 讙诪讚讗 讚讗诪专 专讘讬 讞讬讬讗 讘专 讙诪讚讗 讗诪专 专讘讬 讬讜住讬 讘谉 砖讗讜诇 讘砖注讛 砖讛爪讚讬拽 谞驻讟专 诪谉 讛注讜诇诐 讗讜诪专讬诐 诪诇讗讻讬 讛砖专转 诇驻谞讬 讛拽讚讜砖 讘专讜讱 讛讜讗 专讘讜谞讜 砖诇 注讜诇诐 爪讚讬拽 驻诇讜谞讬 讘讗 讗讜诪专 诇讛诐 讬讘讜讗讜 爪讚讬拽讬诐 讜讬爪讗讜 诇拽专讗转讜 讜讗讜诪专讬诐 诇讜 讬讘讗 讘砖诇讜诐 讬谞讜讞讜 注诇 诪砖讻讘讜转诐

The Gemara asks: Why does it say: 鈥淭hey rest in their beds,鈥 in the plural? It should have said: In your bed, in the singular, as the beginning of the verse is phrased in the singular. The Gemara notes: This supports the opinion of Rabbi 岣yya bar Gamda. As Rabbi 岣yya bar Gamda said that Rabbi Yosei ben Shaul said: At the time when a righteous individual departs from the world, the ministering angels say before the Holy One, Blessed be He: Master of the Universe, the righteous individual so-and-so is coming. The Holy One, Blessed be He, then says to them: The righteous should come forth and they should go out toward him. And the righteous say to the newly deceased individual: He enters in peace, and subsequently, the righteous rest in their beds.

讗诪专 专讘讬 讗诇注讝专 讘砖注讛 砖讛爪讚讬拽 谞驻讟专 诪谉 讛注讜诇诐 砖诇砖 讻讬转讜转 砖诇 诪诇讗讻讬 讛砖专转 讬讜爪讗讜转 诇拽专讗转讜 讗讞转 讗讜诪专转 诇讜 讘讗 讘砖诇讜诐 讜讗讞转 讗讜诪专转 讛讜诇讱 谞讻讞讜 讜讗讞转 讗讜诪专转 诇讜 讬讘讗 砖诇讜诐 讬谞讜讞讜 注诇 诪砖讻讘讜转诐 讘砖注讛 砖讛专砖注 谞讗讘讚 诪谉 讛注讜诇诐 砖诇砖 讻讬转讜转 砖诇 诪诇讗讻讬 讞讘诇讛 讬讜爪讗讜转 诇拽专讗转讜 讗讞转 讗讜诪专转 讗讬谉 砖诇讜诐 讗诪专 讛壮 诇专砖注讬诐 讜讗讞转 讗讜诪专转 诇讜 诇诪注爪讘讛 讬砖讻讘 讜讗讞转 讗讜诪专转 诇讜 专讚讛 讜讛砖讻讘讛 讗转 注专诇讬诐

Rabbi Elazar said: At the time when a righteous individual departs from the world, three contingents of ministering angels go out toward him. One says to him: Enter in peace; and one says to him: Each one that walks in his uprightness; and one says to him: He enters in peace, they rest in their beds. At the time when a wicked person perishes from the world, three contingents of angels of destruction go out toward him. One says to him: 鈥淭here is no peace, says the Lord concerning the wicked鈥 (Isaiah 48:22); and one says to him: 鈥淵ou shall lie down in sorrow鈥 (Isaiah 50:11); and one says to him: 鈥淕o down, and be laid with the uncircumcised鈥 (Ezekiel 32:19).

诪转谞讬壮 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讗讘讬讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讘注诇讛 讙讜讘讛 讻转讜讘转讛 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐 砖讬砖 讘注砖专讬诐 讜讞诪砖 砖谞讬诐 砖转注砖讛 讟讜讘讛 讻谞讙讚 讻转讜讘转讛 讚讘专讬 专讘讬 诪讗讬专 砖讗诪专 诪砖讜诐 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇

MISHNA: As long as a widow is living in the house of her father and is being supported by her husband鈥檚 heirs, she may always collect payment of her marriage contract, even after many years. As long as she is living in the house of her husband, she may collect payment of her marriage contract until twenty-five years later, at which point she may no longer collect the payment. This is because there is enough time in twenty-five years for her to do favors and give to others, thereby spending the resources of the orphans, until what she has spent equals the value of her marriage contract. This is the statement of Rabbi Meir, who said it in the name of Rabban Shimon ben Gamliel.

讜讞讻诪讬诐 讗讜诪专讬诐 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讘注诇讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讗讘讬讛 讙讜讘讛 讻转讜讘转讛 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐

And the Rabbis say the opposite: As long as she is residing in the house of her husband she may always collect payment of her marriage contract, since during this time the heirs are caring for her and she is therefore embarrassed to sue them for payment of her marriage contract. However, as long as she is in the house of her father she may collect payment of her marriage contract until twenty-five years later, and if by then she has not sued for it, it is assumed that she has waived her rights to it.

诪转讛 讬讜专砖讬讛 诪讝讻讬专讬谉 讻转讜讘转讛 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐

If she died, her heirs mention her marriage contract up until twenty-five years later.

讙诪壮 讗诪专 诇讬讛 讗讘讬讬 诇专讘 讬讜住祝 注谞讬讬讛 砖讘讬砖专讗诇 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐 讜诪专转讗 讘转 讘讬讬转讜住 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐

GEMARA: The mishna stated that according to Rabbi Meir, over a period of twenty-five years a woman will spend a sum equal to her marriage contract from the resources of the orphans. Abaye said to Rav Yosef: Is it true that the poorest woman among the Jewish people, whose marriage contract is of minimal value, will not spend this amount until twenty-five years have passed, and Marta bat Baitos, who was very wealthy and whose marriage contract was worth a huge sum, will also spend a sum equal to her marriage contract within twenty-five years?

讗诪专 诇讬讛 诇驻讜诐 讙诪诇讗 砖讬讞谞讗

He said to him: According to the camel is the load, i.e., a wealthy woman, whose marriage contract is of greater value, will spend more money over a particular period of time than a poor woman, whose marriage contract is of lesser value.

讗讬讘注讬讗 诇讛讜 诇专讘讬 诪讗讬专 诪讛讜 砖转砖诇砖 转讬拽讜

A dilemma was raised before the Sages: According to Rabbi Meir, the amount of benefit she gains is determined by the years that have passed. If so, what is the halakha with regard to whether she divides the value of her marriage contract in accordance with the number of years that have gone by, such that if some of the twenty-five years passed, she forfeits the proportionate value of her marriage contract? No answer was found for this dilemma, and the Gemara concludes: The dilemma shall stand unresolved.

讜讞讻诪讬诐 讗讜诪专讬诐 讻诇 讝诪谉 讗诪专 诇讬讛 讗讘讬讬 诇专讘 讬讜住祝 讗转讗讬 拽讜讚诐 砖拽讬注转 讛讞诪讛 讙讜讘讛 讻转讜讘转讛 诇讗讞专 砖拽讬注转 讛讞诪讛 诇讗 讙讘讬讗 讘讛讛讬讗 驻讜专转讗 讗讞讬诇转讗

搂 We learned in the mishna: And the Rabbis say: As long as she is in her husband鈥檚 house she may collect payment of her marriage contract at any time, but while she is in her father鈥檚 house she may collect it only within twenty-five years. Abaye said to Rav Yosef: If she came before the setting of the sun at the end of the twenty-five-year period, she collects payment of her marriage contract, but if she came after the setting of the sun she may not collect it? In that slight period of time did she waive her rights to the payment of her marriage contract?

讗诪专 诇讬讛 讗讬谉 讻诇 诪讚转 讞讻诪讬诐 讻谉 讛讬讗 讘讗专讘注讬诐 住讗讛 讟讜讘诇 讘讗专讘注讬诐 住讗讛 讞住专 拽讜专讟讜讘 讗讬谞讜 讬讻讜诇 诇讟讘讜诇 讘讛谉

He said to him: Yes. All the measures of the Sages that prescribe specific parameters or sizes are such that if one oversteps the fixed limits, he has not accomplished anything as far as the halakha is considered. Consequently, in a ritual bath containing forty se鈥檃 of water, one may immerse and become ritually pure. However, in a ritual bath containing forty se鈥檃 less one kortov, a small amount, he is unable to immerse therein and become ritually pure.

讗诪专 专讘 讬讛讜讚讛 讗诪专 专讘 讛注讬讚 专讘讬 讬砖诪注讗诇 讘专讘讬 讬讜住讬 诇驻谞讬 专讘讬 砖讗诪专 诪砖讜诐 讗讘讬讜 诇讗 砖谞讜 讗诇讗 砖讗讬谉 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讬讛 讗讘诇 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讬讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讜专讘讬 讗诇注讝专 讗诪专 讗驻讬诇讜 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讬讛 讗讬谞讛 讙讜讘讛 讗诇讗 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐

Rav Yehuda said that Rav said: Rabbi Yishmael, son of Rabbi Yosei, testified before Rabbi Yehuda HaNasi and said in the name of his father, Rabbi Yosei: They taught all of the above only in a case where she does not have a marriage contract in her possession, such as in a locale where the custom is not to write a marriage contract, but in a situation where she does have a marriage contract in her possession, she may collect payment of her marriage contract forever. And Rabbi Elazar said: Even if she has a marriage contract in her possession, she still collects payment of her marriage contract only within twenty-five years after the death of her husband.

诪转讬讘 专讘 砖砖转 讘注诇 讞讜讘 讙讜讘讛 砖诇讗 讘讛讝讻专讛 讛讬讻讬 讚诪讬 讗讬 讚诇讗 谞拽讟 砖讟专讗 讘诪讗讬 讙讘讬 讗诇讗 讚谞拽讬讟 砖讟专讗 讜讘注诇 讞讜讘 讛讜讗 讚诇讗讜 讘专 讗讞讜诇讬 讛讜讗 讛讗 讗诇诪谞讛 讗讞讬诇转讗

Rav Sheshet raised an objection against the opinion of Rabbi Yishmael, son of Rabbi Yosei, based upon the Tosefta (Ketubot 12:3): A creditor may collect the money he is owed even after a long time has passed without his having mentioned the debt. The Gemara clarifies: What are the circumstances? If he does not hold the document that records the debt, with what is he collecting the debt? Rather, it must be that he does hold the document. It can be inferred that even so, it is specifically a creditor, who it could be assumed is not one to have forgiven his debt, who may continue to collect the debt after a long period of time. But a widow is presumed to have waived her rights to the payment of her marriage contract even if she has the marriage contract in her possession. This conclusion contradicts the statement of Rabbi Yishmael, son of Rabbi Yosei.

讛讜讗 诪讜转讬讘 诇讛 讜讛讜讗 诪驻专拽 诇讛 诇注讜诇诐 讚诇讗 谞拽讬讟 砖讟专讗 讜讛讻讗 讘诪讗讬 注住拽讬谞谉 讻砖讞讬讬讘 诪讜讚讛

The Gemara states that Rav Sheshet raised the objection and he resolved it: Actually, the case in the Tosefta is where the creditor does not hold a document that records the debt, and the reason he may collect the debt is because here we are dealing with a case where the debtor admits that he owes the creditor money. Consequently, it cannot be proven from this case that a widow who has a marriage contract in her possession is unable to collect its payment.

讜讛讗诪专 专讘讬 讗诇注讗 砖讜谞讬谉 讙专讜砖讛 讛专讬 讛讬讗 讻讘注诇 讞讜讘 讛讬讻讬 讚诪讬 讗讬 讚诇讗 谞拽讬讟讗 讻转讜讘讛 讘诪讗讬 讙讘讬讗 讗诇讗 诇讗讜 讚谞拽讬讟讗 讻转讜讘讛 讜讙专讜砖讛 讛讬讗 讚诇讗讜 讘转 讗讞讜诇讬 讛讬讗 讛讗 讗诇诪谞讛 讗讞讬诇转讗

The Gemara asks: But didn鈥檛 Rabbi Ela say: The Sages teach in a baraita: A divorc茅e is like a creditor and may collect her marriage contract after a long period of time even if she has not made mention of it during the course of that time? The Gemara clarifies: What are the circumstances? If she does not hold a marriage contract in her possession, with what is she collecting payment? Rather, is it not that she holds a marriage contract in her possession, and it is a divorc茅e who may collect under these circumstances, as she is not one who could be assumed to have waived the rights to the payment owed to her, as she does not maintain a relationship with the family that would prompt her to waive the rights to her claims? But a widow is likely to waive the rights to her claim, even though she is in possession of a contract.

讛讻讗 谞诪讬 讻砖讞讬讬讘 诪讜讚讛

The Gemara answers: Here too, the case is one where the debtor, i.e., the husband, admits to owing the divorc茅e payment for her marriage contract, although she does not have the marriage contract in her possession.

讗诪专 专讘 谞讞诪谉 讘专 讬爪讞拽 转谞讬 专讘 讬讛讜讚讛 讘专 拽讝讗 讘诪转谞讬转讗 讚讘讬 讘专 拽讝讗 转讘注讛 讻转讜讘转讛

Rav Na岣an bar Yitz岣k said: Rav Yehuda bar Kaza teaches in a baraita of the school of bar Kaza: If the widow demanded payment of her marriage contract,

讛专讬 讛讬讗 讻讘转讞诇讛 讜讗诐 讛讬讛 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讬讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐

it is as though she is at the beginning of her period of widowhood, and she has another twenty-five years from that point during which she may demand payment of her marriage contract. And if she has a marriage contract in her possession, she may collect payment of her marriage contract forever.

砖诇讞 诇讬讛 专讘 谞讞诪谉 讘专 专讘 讞住讚讗 诇专讘 谞讞诪谉 讘专 讬注拽讘 讬诇诪讚谞讜 专讘讬谞讜 讻砖砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讛 诪讞诇讜拽转 讗讜 讻砖讗讬谉 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讛 讜讛诇讻讛 讻讚讘专讬 诪讬

The Gemara relates that Rav Na岣an, son of Rav 岣sda, sent the following message to Rav Na岣an bar Ya鈥檃kov: Our teacher, instruct us. Does the dispute between Rabbi Meir and the Rabbis apply in a case where she has a marriage contract in her possession, or does it apply only in a case where she does not have a marriage contract in her possession? And in accordance with the statement of whom is the halakha decided?

砖诇讞 诇讬讛 讘砖讗讬谉 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讛 诪讞诇讜拽转 讗讘诇 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讜讛诇讻讛 讻讚讘专讬 讞讻诪讬诐

Rav Na岣an bar Ya鈥檃kov sent back this answer to him: When she does not have a marriage contract in her possession, there is a dispute, but in a case where she has a marriage contract in her possession, all agree that she may collect payment of her marriage contract forever. And in a case where there is a dispute, the halakha is in accordance with the statement of the Rabbis.

讻讬 讗转讗 专讘 讚讬诪讬 讗诪专 专讘讬 砖诪注讜谉 讘谉 驻讝讬 讗诪专 专讘讬 讬讛讜砖注 讘谉 诇讜讬 诪砖讜诐 讘专 拽驻专讗 诇讗 砖谞讜 讗诇讗 诪谞讛 诪讗转讬诐 讗讘诇 转讜住驻转 讬砖 诇讛

When Rav Dimi came from Eretz Yisrael to Babylonia, he cited a dispute: Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: They taught that a widow is presumed to have waived her rights to payment of her marriage contract after twenty-five years only with regard to one hundred dinars or two hundred dinars, which constitute the principal payment of the marriage contract. However, she still has the right to demand payment of the additional sum recorded in the marriage contract.

讜专讘讬 讗讘讛讜 讗诪专 专讘讬 讬讜讞谞谉 讗驻讬诇讜 转讜住驻转 讗讬谉 诇讛 讚讗诪专 专讘讬 讗讬讬讘讜 讗诪专 专讘讬 讬谞讗讬 转谞讗讬 讻转讜讘讛 讻讻转讜讘讛 讚诪讬

And Rabbi Abbahu said that Rabbi Yo岣nan said: She does not have the right to demand payment even of the additional sum recorded in the marriage contract, as Rabbi Aivu said that Rabbi Yannai said: The stipulation of an additional sum in the marriage contract is like the principal sum of the marriage contract. Consequently, if she waived her rights to the principal sum of the marriage contract, she has waived her rights to the additional sum as well.

讗转诪专 谞诪讬 讗诪专 专讘讬 讗讘讗 讗诪专 专讘 讛讜谞讗 讗诪专 专讘 诇讗 砖谞讜 讗诇讗 诪谞讛 诪讗转讬诐 讗讘诇 转讜住驻转 讬砖 诇讛

It was also stated that other amora鈥檌m debated this matter: Rabbi Abba said that Rav Huna said that Rav said: They taught that she is considered as having waived her rights to payment of her marriage contract only with regard to the principal payment of one hundred or two hundred dinars, but she still has the right to demand payment of the additional sum recorded in the marriage contract.

讗诪专 诇讬讛 专讘讬 讗讘讗 诇专讘 讛讜谞讗 讗诪专 专讘 讛讻讬 讗诪专 诇讬讛 讗讬砖转讬拽谉 拽讗诪专转 讗讜 讗砖拽讬讬谉 拽讗诪专转 讗诪专 诇讬讛 讗讬砖转讬拽谉 拽讗诪讬谞讗

Rabbi Abba said to Rav Huna: Did Rav really say so? Rav Huna said to Rabbi Abba: Did you say that in order to silence me, because you disagree with this ruling? Or did you say that because you are so satisfied with this ruling that you would like to give me wine to drink? Rabbi Abba said to him: I said that in order to silence you. This indicates that Rabbi Abba disagrees with Rav and accepts the opinion of Rabbi Yo岣nan on this issue.

讞诪转讬讛 讚专讘 讞讬讬讗 讗专讬讻讗 讗讬谞转转 讗讞讜讛 讛讜讗讬 讜讗诇诪谞讛 讘讘讬转 讗讘讬讛 讛讜讗讬 讜讝谞讛 注砖专讬诐 讜讞诪砖 砖谞讬谉 讘讘讬 谞砖讗

搂 The Gemara relates that the mother-in-law of Rav 岣yya Arikha, so named because of his height, as the word arikha literally means long, was also the wife of his brother, and she was a widow who resided in the house of her father, and Rav 岣yya sustained her for twenty-five years in the house of her father, from his brother鈥檚 estate.

诇住讜祝 讗诪专讛 诇讬讛 讛讘 诇讬 诪讝讜谞讬 讗诪专 诇讛 诇讬转 诇讱 诪讝讜谞讬 讛讘 诇讬 讻转讜讘讛 讗诪专 诇讛 诇讗 诪讝讜谞讬 讗讬转 诇讱 讜诇讗 讻转讜讘讛 讗讬转 诇讱

At the end of the twenty-five years, she said to him: Give me my sustenance. He said to her: You do not have the right to continue to demand sustenance. She said to him: In that case, give me the payment of my marriage contract. He said to her: After twenty-five years, you have no right to demand sustenance and you have no right to demand payment of your marriage contract.

转讘注转讬讛 诇讚讬谞讗 拽诪讬讛 讚专讘讛 讘专 砖讬诇讗 讗诪专 诇讬讛 讗讬诪讗 诇讬 讗讬讝讬 讙讜驻讗 讚注讜讘讚讗 讛讬讻讬 讛讜讛 讗诪专 诇讬讛 讝谞讬转讛 注砖专讬诐 讜讞诪砖 砖谞讬诐 讘讘讬 谞砖讗 讘讞讬讬 讚诪专 讚讘讻转驻讗讬 讗诪讟讗讬 诇讛

She summoned him for judgment before Rabba bar Sheila. He said to Rav 岣yya Arikha: Tell me, then, what was the essence of the case? Rav 岣yya Arikha said to him: I sustained her for twenty-five years in the house of her father, and I swear by the life of the Master, i.e., by your life, that I delivered her sustenance to her regularly on my own shoulders.

讗诪专 诇讬讛 讟注诪讗 诪讗讬 讗诪讜专 专讘谞谉 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讘注诇讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讚讗诪专讬谞谉 诪砖讜诐 讻讬住讜驻讗 讛讜讗 讚诇讗 转讘注讛 讛讻讗 谞诪讬 诪砖讜诐 讻讬住讜驻讗 讛讜讗 讚诇讗 转讘注讛 讝讬诇 讛讘 诇讛

Rabba bar Sheila said to him: What is the reason that the Sages said that as long as the widow is in the house of her husband, she may always collect payment of her marriage contract? It is because we say that it is due to embarrassment that she did not demand payment of her marriage contract, because she is in her husband鈥檚 house and his heirs are treating her well. Here too, in this case, it is due to embarrassment that she did not demand payment of her marriage contract, as you treated her with great respect despite the fact that she was living in her father鈥檚 house. Therefore, go and give her the payment of her marriage contract.

诇讗 讗砖讙讞 讻转讘 诇讛 讗讚专讻转讗 讗谞讬讻住讬讛 讗转讗 诇拽诪讬讛 讚专讘讗 讗诪专 诇讬讛 讞讝讬 诪专 讛讬讻讬 讚谞谉 讗诪专 诇讬讛 砖驻讬专 讚谞讱

Rav 岣yya Arikha did not heed the ruling of Rabba bar Sheila and did not give her the payment of her marriage contract. Rabba bar Sheila wrote an authorization for her to seize his property in payment of the debt. Rav 岣yya Arikha came before Rava, and he said to him: Let the Master see how Rabba bar Sheila has judged me. Rava said to him: He has judged you well.

讗诪专讛 诇讬讛 讗讬 讛讻讬 诇讬讝讬诇 诇讛讚专 诇讬 驻讬专讬 讚诪谉 讛讛讜讗 讬讜诪讗 注讚 讛讗讬讚谞讗 讗诪专 诇讛 讗讞讜讬 诇讬 讗讚专讻转讬讱 讞讝讬讬讛 讚诇讗 讛讜讛 讻转讜讘 讘讛 讜讗讬砖转诪讜讚注谞讗 讚谞讻住讬诐 讗诇讜 讚诪讬转谞讗 讗讬谞讜谉 讗诪专 诇讛 讗讚专讻转讗 诇讗讜 砖驻讬专 讻转讬讘讗

The woman said to Rava: If so, he should go and return to me the produce that has grown on the property that I have a right to receive as payment, from that day that I received authorization to seize his property until today. He said to her: Show me your document of authorization. He saw that it was not written in it: And it is known to us that these properties are from the estate of the deceased. Rava said to her: The authorization is not written well. Consequently, the property is not considered as though it were yours from the time that the authorization was written, and you do not have a right to the produce.

讗诪专讛 诇讬讛 转讬讝讬诇 讗讚专讻转讗 讗讬砖拽讜诇 诪讬讜诪讗 讚砖诇讬诪讬 讬讜诪讗 讗讻专讝转讗 注讚 讛砖转讗 讗诪专 诇讛 讛谞讬 诪讬诇讬 讛讬讻讗 讚诇讗 讻转讬讘 讟注讜转讗 讘讗讚专讻转讗 讗讘诇 讛讬讻讗 讚讻转讬讘 讟注讜转讗 讘讗讚专讻转讗 诇讬转 诇谉 讘讛

She said to him: Let the authorization go, i.e., even if I have no right to the produce that grew from the time the authorization was written, I should have the right to take the produce that grew from the time when the days of announcement were completed, after the court assessed the value of the property, until now. He said to her: This applies only in a case where there was no error written into the authorization, but where there was an error written into the authorization, we have no right to collect the debt with it. You therefore have no rights to any of the produce.

讗诪专讛 诇讬讛 讜讛讗 诪专 讛讜讗 讚讗诪专 讗讞专讬讜转 讟注讜转 住讜驻专 讛讜讗

She said to him: But wasn鈥檛 it you, Master, who said that omission of the guarantee of the sale from the document is a scribal error, and it is considered as though the guarantee were written in the document? Here too, say that the omission of the above clause is regarded as a scribal error and is considered as though it were written in the authorization.

讗诪专 诇讛 专讘讗 讘讛讗 诇讬讻讗 诇诪讬诪专 讟注讜转 住讜驻专 讛讜讗 讚讘讛讗 讗驻讬诇讜 专讘讛 讘专 砖讬诇讗 讟注讬 诪注讬拽专讗 讛讜讗 住讘讜专 讛谞讬 讜讛谞讬 讚讬讚讬讛 诪讛 诇讬 诪讛谞讬 诪讛 诇讬 诪讛谞讬

Rava said to her: In this case, it cannot be said that the clause was meant to be included in the document and it was left out due to a scribal error, because in this case even Rabba bar Sheila erred and thought that the clause should not be included. Initially, Rabba bar Sheila thought as follows: Since these properties that always belonged to Rav 岣yya Arikha and those properties that had belonged to his deceased brother are all his, i.e., Rav 岣yya Arikha鈥檚, as he inherited his brother鈥檚 property, what difference does it make to me if she collects from these properties, and what difference does it make to me if she collects from those properties? Although only the property of her deceased husband is liened for the payment of her marriage contract, it should not really matter whether she collects from this property or from other property belonging to the heir.

讜诇讗 讛讬讗 讝讬诪谞讬谉 讚讗讝诇讛 讜诪砖讘讞讛 诇讛讜 讜讚讘注诇讛 诪讻住驻讬 讜讗诪专 诇讛 砖拽讬诇 讚讬讚讱 讜讛讘 诇讬 讚讬讚讬 讜讗转讬 诇讗驻讜拽讬 诇注讝 注诇 讘讬 讚讬谞讗

Rava continues: But that is not so. Sometimes the widow will go and improve the property of the heir, thinking that she will receive her payment from it, and the property of her deceased husband will depreciate due to neglect on the part of the heir, who knows that it is this property that is liened to ensure payment of the widow鈥檚 marriage contract. And eventually, the heir will say to her: Take your property, i.e., the property that belonged to your husband, and give me my property. And people will come to cast aspersion on the court as not being concerned for the welfare of the woman, who will be left with the depreciated property. Consequently, the document of authorization to seize property must specify exactly which property belonged to the widow鈥檚 deceased husband, which she is entitled to collect. Since Rabba bar Sheila erred and did not write this specification, the document of authorization he wrote was useless.

讛讚专谉 注诇讱 讛谞讜砖讗

 

诪转谞讬壮 砖谞讬 讚讬讬谞讬 讙讝讬专讜转 讛讬讜 讘讬专讜砖诇讬诐 讗讚诪讜谉 讜讞谞谉 讘谉 讗讘讬砖诇讜诐 讞谞谉 讗讜诪专 砖谞讬 讚讘专讬诐 讗讚诪讜谉 讗讜诪专 砖讘注讛 诪讬 砖讛诇讱 诇诪讚讬谞转 讛讬诐 讜讗砖转讜 转讜讘注转 诪讝讜谞讜转 讞谞谉 讗讜诪专

MISHNA: There were two prominent judges who issued decrees in Jerusalem, Admon and 岣nan ben Avishalom. 岣nan states two matters about which the Sages disagreed; Admon states seven. The mishna elaborates: With regard to the case of one who went overseas and his wife is demanding sustenance, claiming that her husband left her without funds and she is seeking a ruling that would provide for her from her husband鈥檚 property, 岣nan says:

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the refuah shleima of Naama bat Yael Esther.

  • Masechet Ketubot is sponsored by Erica and Rob Schwartz in honor of the 50th wedding anniversary of Erica's parents Sheira and Steve Schacter.

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The William Davidson Talmud | Powered by Sefaria

Ketubot 104

讚诪讚诇讬讗 讜讘住讬诐 讗讜讬专讗

which is situated at a high altitude and whose air is scented.

讛讛讜讗 讬讜诪讗 讚谞讞 谞驻砖讬讛 讚专讘讬 讙讝专讜 专讘谞谉 转注谞讬转讗 讜讘注讜 专讞诪讬 讜讗诪专讬 讻诇 诪讗谉 讚讗诪专 谞讞 谞驻砖讬讛 讚专讘讬 讬讚拽专 讘讞专讘

搂 It is related that on the day that Rabbi Yehuda HaNasi died, the Sages decreed a fast, and begged for divine mercy so that he would not die. And they said: Anyone who says that Rabbi Yehuda HaNasi has died will be stabbed with a sword.

住诇讬拽讗 讗诪转讬讛 讚专讘讬 诇讗讬讙专讗 讗诪专讛 注诇讬讜谞讬诐 诪讘拽砖讬谉 讗转 专讘讬 讜讛转讞转讜谞讬诐 诪讘拽砖讬谉 讗转 专讘讬 讬讛讬 专爪讜谉 砖讬讻讜驻讜 转讞转讜谞讬诐 讗转 讛注诇讬讜谞讬诐 讻讬讜谉 讚讞讝讗讬 讻诪讛 讝讬诪谞讬 讚注讬讬诇 诇讘讬转 讛讻住讗 讜讞诇抓 转驻讬诇讬谉 讜诪谞讞 诇讛讜 讜拽诪爪讟注专 讗诪专讛 讬讛讬 专爪讜谉 砖讬讻讜驻讜 注诇讬讜谞讬诐 讗转 讛转讞转讜谞讬诐

The maidservant of Rabbi Yehuda HaNasi ascended to the roof and said: The upper realms are requesting the presence of Rabbi Yehuda HaNasi, and the lower realms are requesting the presence of Rabbi Yehuda HaNasi. May it be the will of God that the lower worlds should impose their will upon the upper worlds. However, when she saw how many times he would enter the bathroom and remove his phylacteries, and then exit and put them back on, and how he was suffering with his intestinal disease, she said: May it be the will of God that the upper worlds should impose their will upon the lower worlds.

讜诇讗 讛讜讜 砖转拽讬 专讘谞谉 诪诇诪讬讘注讬 专讞诪讬 砖拽诇讛 讻讜讝讗 砖讚讬讬讗 诪讗讬讙专讗 [诇讗专注讗] 讗讬砖转讬拽讜 诪专讞诪讬 讜谞讞 谞驻砖讬讛 讚专讘讬

And the Sages, meanwhile, would not be silent, i.e., they would not refrain, from begging for mercy so that Rabbi Yehuda HaNasi would not die. So she took a jug [kuza] and threw it from the roof to the ground. Due to the sudden noise, the Sages were momentarily silent and refrained from begging for mercy, and Rabbi Yehuda HaNasi died.

讗诪专讜 诇讬讛 专讘谞谉 诇讘专 拽驻专讗 讝讬诇 注讬讬谉 讗讝诇 讗砖讻讞讬讛 讚谞讞 谞驻砖讬讛 拽专注讬讛 诇诇讘讜砖讬讛 讜讗讛讚专讬讛 诇拽专注讬讛 诇讗讞讜专讬讛 驻转讞 讜讗诪专 讗专讗诇讬诐 讜诪爪讜拽讬诐 讗讞讝讜 讘讗专讜谉 讛拽讚砖 谞爪讞讜 讗专讗诇讬诐 讗转 讛诪爪讜拽讬诐 讜谞砖讘讛 讗专讜谉 讛拽讚砖 讗诪专讜 诇讬讛 谞讞 谞驻砖讬讛 讗诪专 诇讛讜 讗转讜谉 拽讗诪专讬转讜 讜讗谞讗 诇讗 拽讗诪讬谞讗

The Sages said to bar Kappara: Go and ascertain the condition of Rabbi Yehuda HaNasi. He went and found that Rabbi Yehuda HaNasi had died. He tore his clothing and reversed them so that the tear would be behind him and not be noticed. When he returned to the Sages he opened his remarks and said: The angels [erelim] and righteous mortals [metzukim] both clutched the sacred ark. The angels triumphed over the righteous, and the sacred ark was captured. They said to him: Has he died? He said to them: You have said it and I did not say it, as it had been decided that no one should say that he died.

讘砖注转 驻讟讬专转讜 砖诇 专讘讬 讝拽祝 注砖专 讗爪讘注讜转讬讜 讻诇驻讬 诪注诇讛 讗诪专 专讘讜谞讜 砖诇 注讜诇诐 讙诇讜讬 讜讬讚讜注 诇驻谞讬讱 砖讬讙注转讬 讘注砖专 讗爪讘注讜转讬 讘转讜专讛 讜诇讗 谞讛谞讬转讬 讗驻讬诇讜 讘讗爪讘注 拽讟谞讛 讬讛讬 专爪讜谉 诪诇驻谞讬讱 砖讬讛讗 砖诇讜诐 讘诪谞讜讞转讬 讬爪转讛 讘转 拽讜诇 讜讗诪专讛 讬讘讗 砖诇讜诐 讬谞讜讞讜 注诇 诪砖讻讘讜转诐

It is further related: At the time of the death of Rabbi Yehuda HaNasi, he raised his ten fingers toward Heaven and said in prayer: Master of the Universe, it is revealed and known before You that I toiled with my ten fingers in the Torah, and I have not derived any benefit from the world even with my small finger. May it be Your will that there be peace in my repose. A Divine Voice emerged and said: 鈥淗e enters in peace, they rest in their beds鈥 (Isaiah 57:2).

注诇 诪砖讻讘讱 诪讬讘注讬 诇讬讛 诪住讬讬注 诇讬讛 诇专讘讬 讞讬讬讗 讘专 讙诪讚讗 讚讗诪专 专讘讬 讞讬讬讗 讘专 讙诪讚讗 讗诪专 专讘讬 讬讜住讬 讘谉 砖讗讜诇 讘砖注讛 砖讛爪讚讬拽 谞驻讟专 诪谉 讛注讜诇诐 讗讜诪专讬诐 诪诇讗讻讬 讛砖专转 诇驻谞讬 讛拽讚讜砖 讘专讜讱 讛讜讗 专讘讜谞讜 砖诇 注讜诇诐 爪讚讬拽 驻诇讜谞讬 讘讗 讗讜诪专 诇讛诐 讬讘讜讗讜 爪讚讬拽讬诐 讜讬爪讗讜 诇拽专讗转讜 讜讗讜诪专讬诐 诇讜 讬讘讗 讘砖诇讜诐 讬谞讜讞讜 注诇 诪砖讻讘讜转诐

The Gemara asks: Why does it say: 鈥淭hey rest in their beds,鈥 in the plural? It should have said: In your bed, in the singular, as the beginning of the verse is phrased in the singular. The Gemara notes: This supports the opinion of Rabbi 岣yya bar Gamda. As Rabbi 岣yya bar Gamda said that Rabbi Yosei ben Shaul said: At the time when a righteous individual departs from the world, the ministering angels say before the Holy One, Blessed be He: Master of the Universe, the righteous individual so-and-so is coming. The Holy One, Blessed be He, then says to them: The righteous should come forth and they should go out toward him. And the righteous say to the newly deceased individual: He enters in peace, and subsequently, the righteous rest in their beds.

讗诪专 专讘讬 讗诇注讝专 讘砖注讛 砖讛爪讚讬拽 谞驻讟专 诪谉 讛注讜诇诐 砖诇砖 讻讬转讜转 砖诇 诪诇讗讻讬 讛砖专转 讬讜爪讗讜转 诇拽专讗转讜 讗讞转 讗讜诪专转 诇讜 讘讗 讘砖诇讜诐 讜讗讞转 讗讜诪专转 讛讜诇讱 谞讻讞讜 讜讗讞转 讗讜诪专转 诇讜 讬讘讗 砖诇讜诐 讬谞讜讞讜 注诇 诪砖讻讘讜转诐 讘砖注讛 砖讛专砖注 谞讗讘讚 诪谉 讛注讜诇诐 砖诇砖 讻讬转讜转 砖诇 诪诇讗讻讬 讞讘诇讛 讬讜爪讗讜转 诇拽专讗转讜 讗讞转 讗讜诪专转 讗讬谉 砖诇讜诐 讗诪专 讛壮 诇专砖注讬诐 讜讗讞转 讗讜诪专转 诇讜 诇诪注爪讘讛 讬砖讻讘 讜讗讞转 讗讜诪专转 诇讜 专讚讛 讜讛砖讻讘讛 讗转 注专诇讬诐

Rabbi Elazar said: At the time when a righteous individual departs from the world, three contingents of ministering angels go out toward him. One says to him: Enter in peace; and one says to him: Each one that walks in his uprightness; and one says to him: He enters in peace, they rest in their beds. At the time when a wicked person perishes from the world, three contingents of angels of destruction go out toward him. One says to him: 鈥淭here is no peace, says the Lord concerning the wicked鈥 (Isaiah 48:22); and one says to him: 鈥淵ou shall lie down in sorrow鈥 (Isaiah 50:11); and one says to him: 鈥淕o down, and be laid with the uncircumcised鈥 (Ezekiel 32:19).

诪转谞讬壮 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讗讘讬讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讘注诇讛 讙讜讘讛 讻转讜讘转讛 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐 砖讬砖 讘注砖专讬诐 讜讞诪砖 砖谞讬诐 砖转注砖讛 讟讜讘讛 讻谞讙讚 讻转讜讘转讛 讚讘专讬 专讘讬 诪讗讬专 砖讗诪专 诪砖讜诐 专讘谉 砖诪注讜谉 讘谉 讙诪诇讬讗诇

MISHNA: As long as a widow is living in the house of her father and is being supported by her husband鈥檚 heirs, she may always collect payment of her marriage contract, even after many years. As long as she is living in the house of her husband, she may collect payment of her marriage contract until twenty-five years later, at which point she may no longer collect the payment. This is because there is enough time in twenty-five years for her to do favors and give to others, thereby spending the resources of the orphans, until what she has spent equals the value of her marriage contract. This is the statement of Rabbi Meir, who said it in the name of Rabban Shimon ben Gamliel.

讜讞讻诪讬诐 讗讜诪专讬诐 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讘注诇讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讗讘讬讛 讙讜讘讛 讻转讜讘转讛 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐

And the Rabbis say the opposite: As long as she is residing in the house of her husband she may always collect payment of her marriage contract, since during this time the heirs are caring for her and she is therefore embarrassed to sue them for payment of her marriage contract. However, as long as she is in the house of her father she may collect payment of her marriage contract until twenty-five years later, and if by then she has not sued for it, it is assumed that she has waived her rights to it.

诪转讛 讬讜专砖讬讛 诪讝讻讬专讬谉 讻转讜讘转讛 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐

If she died, her heirs mention her marriage contract up until twenty-five years later.

讙诪壮 讗诪专 诇讬讛 讗讘讬讬 诇专讘 讬讜住祝 注谞讬讬讛 砖讘讬砖专讗诇 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐 讜诪专转讗 讘转 讘讬讬转讜住 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐

GEMARA: The mishna stated that according to Rabbi Meir, over a period of twenty-five years a woman will spend a sum equal to her marriage contract from the resources of the orphans. Abaye said to Rav Yosef: Is it true that the poorest woman among the Jewish people, whose marriage contract is of minimal value, will not spend this amount until twenty-five years have passed, and Marta bat Baitos, who was very wealthy and whose marriage contract was worth a huge sum, will also spend a sum equal to her marriage contract within twenty-five years?

讗诪专 诇讬讛 诇驻讜诐 讙诪诇讗 砖讬讞谞讗

He said to him: According to the camel is the load, i.e., a wealthy woman, whose marriage contract is of greater value, will spend more money over a particular period of time than a poor woman, whose marriage contract is of lesser value.

讗讬讘注讬讗 诇讛讜 诇专讘讬 诪讗讬专 诪讛讜 砖转砖诇砖 转讬拽讜

A dilemma was raised before the Sages: According to Rabbi Meir, the amount of benefit she gains is determined by the years that have passed. If so, what is the halakha with regard to whether she divides the value of her marriage contract in accordance with the number of years that have gone by, such that if some of the twenty-five years passed, she forfeits the proportionate value of her marriage contract? No answer was found for this dilemma, and the Gemara concludes: The dilemma shall stand unresolved.

讜讞讻诪讬诐 讗讜诪专讬诐 讻诇 讝诪谉 讗诪专 诇讬讛 讗讘讬讬 诇专讘 讬讜住祝 讗转讗讬 拽讜讚诐 砖拽讬注转 讛讞诪讛 讙讜讘讛 讻转讜讘转讛 诇讗讞专 砖拽讬注转 讛讞诪讛 诇讗 讙讘讬讗 讘讛讛讬讗 驻讜专转讗 讗讞讬诇转讗

搂 We learned in the mishna: And the Rabbis say: As long as she is in her husband鈥檚 house she may collect payment of her marriage contract at any time, but while she is in her father鈥檚 house she may collect it only within twenty-five years. Abaye said to Rav Yosef: If she came before the setting of the sun at the end of the twenty-five-year period, she collects payment of her marriage contract, but if she came after the setting of the sun she may not collect it? In that slight period of time did she waive her rights to the payment of her marriage contract?

讗诪专 诇讬讛 讗讬谉 讻诇 诪讚转 讞讻诪讬诐 讻谉 讛讬讗 讘讗专讘注讬诐 住讗讛 讟讜讘诇 讘讗专讘注讬诐 住讗讛 讞住专 拽讜专讟讜讘 讗讬谞讜 讬讻讜诇 诇讟讘讜诇 讘讛谉

He said to him: Yes. All the measures of the Sages that prescribe specific parameters or sizes are such that if one oversteps the fixed limits, he has not accomplished anything as far as the halakha is considered. Consequently, in a ritual bath containing forty se鈥檃 of water, one may immerse and become ritually pure. However, in a ritual bath containing forty se鈥檃 less one kortov, a small amount, he is unable to immerse therein and become ritually pure.

讗诪专 专讘 讬讛讜讚讛 讗诪专 专讘 讛注讬讚 专讘讬 讬砖诪注讗诇 讘专讘讬 讬讜住讬 诇驻谞讬 专讘讬 砖讗诪专 诪砖讜诐 讗讘讬讜 诇讗 砖谞讜 讗诇讗 砖讗讬谉 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讬讛 讗讘诇 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讬讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讜专讘讬 讗诇注讝专 讗诪专 讗驻讬诇讜 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讬讛 讗讬谞讛 讙讜讘讛 讗诇讗 注讚 注砖专讬诐 讜讞诪砖 砖谞讬诐

Rav Yehuda said that Rav said: Rabbi Yishmael, son of Rabbi Yosei, testified before Rabbi Yehuda HaNasi and said in the name of his father, Rabbi Yosei: They taught all of the above only in a case where she does not have a marriage contract in her possession, such as in a locale where the custom is not to write a marriage contract, but in a situation where she does have a marriage contract in her possession, she may collect payment of her marriage contract forever. And Rabbi Elazar said: Even if she has a marriage contract in her possession, she still collects payment of her marriage contract only within twenty-five years after the death of her husband.

诪转讬讘 专讘 砖砖转 讘注诇 讞讜讘 讙讜讘讛 砖诇讗 讘讛讝讻专讛 讛讬讻讬 讚诪讬 讗讬 讚诇讗 谞拽讟 砖讟专讗 讘诪讗讬 讙讘讬 讗诇讗 讚谞拽讬讟 砖讟专讗 讜讘注诇 讞讜讘 讛讜讗 讚诇讗讜 讘专 讗讞讜诇讬 讛讜讗 讛讗 讗诇诪谞讛 讗讞讬诇转讗

Rav Sheshet raised an objection against the opinion of Rabbi Yishmael, son of Rabbi Yosei, based upon the Tosefta (Ketubot 12:3): A creditor may collect the money he is owed even after a long time has passed without his having mentioned the debt. The Gemara clarifies: What are the circumstances? If he does not hold the document that records the debt, with what is he collecting the debt? Rather, it must be that he does hold the document. It can be inferred that even so, it is specifically a creditor, who it could be assumed is not one to have forgiven his debt, who may continue to collect the debt after a long period of time. But a widow is presumed to have waived her rights to the payment of her marriage contract even if she has the marriage contract in her possession. This conclusion contradicts the statement of Rabbi Yishmael, son of Rabbi Yosei.

讛讜讗 诪讜转讬讘 诇讛 讜讛讜讗 诪驻专拽 诇讛 诇注讜诇诐 讚诇讗 谞拽讬讟 砖讟专讗 讜讛讻讗 讘诪讗讬 注住拽讬谞谉 讻砖讞讬讬讘 诪讜讚讛

The Gemara states that Rav Sheshet raised the objection and he resolved it: Actually, the case in the Tosefta is where the creditor does not hold a document that records the debt, and the reason he may collect the debt is because here we are dealing with a case where the debtor admits that he owes the creditor money. Consequently, it cannot be proven from this case that a widow who has a marriage contract in her possession is unable to collect its payment.

讜讛讗诪专 专讘讬 讗诇注讗 砖讜谞讬谉 讙专讜砖讛 讛专讬 讛讬讗 讻讘注诇 讞讜讘 讛讬讻讬 讚诪讬 讗讬 讚诇讗 谞拽讬讟讗 讻转讜讘讛 讘诪讗讬 讙讘讬讗 讗诇讗 诇讗讜 讚谞拽讬讟讗 讻转讜讘讛 讜讙专讜砖讛 讛讬讗 讚诇讗讜 讘转 讗讞讜诇讬 讛讬讗 讛讗 讗诇诪谞讛 讗讞讬诇转讗

The Gemara asks: But didn鈥檛 Rabbi Ela say: The Sages teach in a baraita: A divorc茅e is like a creditor and may collect her marriage contract after a long period of time even if she has not made mention of it during the course of that time? The Gemara clarifies: What are the circumstances? If she does not hold a marriage contract in her possession, with what is she collecting payment? Rather, is it not that she holds a marriage contract in her possession, and it is a divorc茅e who may collect under these circumstances, as she is not one who could be assumed to have waived the rights to the payment owed to her, as she does not maintain a relationship with the family that would prompt her to waive the rights to her claims? But a widow is likely to waive the rights to her claim, even though she is in possession of a contract.

讛讻讗 谞诪讬 讻砖讞讬讬讘 诪讜讚讛

The Gemara answers: Here too, the case is one where the debtor, i.e., the husband, admits to owing the divorc茅e payment for her marriage contract, although she does not have the marriage contract in her possession.

讗诪专 专讘 谞讞诪谉 讘专 讬爪讞拽 转谞讬 专讘 讬讛讜讚讛 讘专 拽讝讗 讘诪转谞讬转讗 讚讘讬 讘专 拽讝讗 转讘注讛 讻转讜讘转讛

Rav Na岣an bar Yitz岣k said: Rav Yehuda bar Kaza teaches in a baraita of the school of bar Kaza: If the widow demanded payment of her marriage contract,

讛专讬 讛讬讗 讻讘转讞诇讛 讜讗诐 讛讬讛 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讬讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐

it is as though she is at the beginning of her period of widowhood, and she has another twenty-five years from that point during which she may demand payment of her marriage contract. And if she has a marriage contract in her possession, she may collect payment of her marriage contract forever.

砖诇讞 诇讬讛 专讘 谞讞诪谉 讘专 专讘 讞住讚讗 诇专讘 谞讞诪谉 讘专 讬注拽讘 讬诇诪讚谞讜 专讘讬谞讜 讻砖砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讛 诪讞诇讜拽转 讗讜 讻砖讗讬谉 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讛 讜讛诇讻讛 讻讚讘专讬 诪讬

The Gemara relates that Rav Na岣an, son of Rav 岣sda, sent the following message to Rav Na岣an bar Ya鈥檃kov: Our teacher, instruct us. Does the dispute between Rabbi Meir and the Rabbis apply in a case where she has a marriage contract in her possession, or does it apply only in a case where she does not have a marriage contract in her possession? And in accordance with the statement of whom is the halakha decided?

砖诇讞 诇讬讛 讘砖讗讬谉 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讛 诪讞诇讜拽转 讗讘诇 砖讟专 讻转讜讘讛 讬讜爪讗 诪转讞转 讬讚讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讜讛诇讻讛 讻讚讘专讬 讞讻诪讬诐

Rav Na岣an bar Ya鈥檃kov sent back this answer to him: When she does not have a marriage contract in her possession, there is a dispute, but in a case where she has a marriage contract in her possession, all agree that she may collect payment of her marriage contract forever. And in a case where there is a dispute, the halakha is in accordance with the statement of the Rabbis.

讻讬 讗转讗 专讘 讚讬诪讬 讗诪专 专讘讬 砖诪注讜谉 讘谉 驻讝讬 讗诪专 专讘讬 讬讛讜砖注 讘谉 诇讜讬 诪砖讜诐 讘专 拽驻专讗 诇讗 砖谞讜 讗诇讗 诪谞讛 诪讗转讬诐 讗讘诇 转讜住驻转 讬砖 诇讛

When Rav Dimi came from Eretz Yisrael to Babylonia, he cited a dispute: Rabbi Shimon ben Pazi said that Rabbi Yehoshua ben Levi said in the name of bar Kappara: They taught that a widow is presumed to have waived her rights to payment of her marriage contract after twenty-five years only with regard to one hundred dinars or two hundred dinars, which constitute the principal payment of the marriage contract. However, she still has the right to demand payment of the additional sum recorded in the marriage contract.

讜专讘讬 讗讘讛讜 讗诪专 专讘讬 讬讜讞谞谉 讗驻讬诇讜 转讜住驻转 讗讬谉 诇讛 讚讗诪专 专讘讬 讗讬讬讘讜 讗诪专 专讘讬 讬谞讗讬 转谞讗讬 讻转讜讘讛 讻讻转讜讘讛 讚诪讬

And Rabbi Abbahu said that Rabbi Yo岣nan said: She does not have the right to demand payment even of the additional sum recorded in the marriage contract, as Rabbi Aivu said that Rabbi Yannai said: The stipulation of an additional sum in the marriage contract is like the principal sum of the marriage contract. Consequently, if she waived her rights to the principal sum of the marriage contract, she has waived her rights to the additional sum as well.

讗转诪专 谞诪讬 讗诪专 专讘讬 讗讘讗 讗诪专 专讘 讛讜谞讗 讗诪专 专讘 诇讗 砖谞讜 讗诇讗 诪谞讛 诪讗转讬诐 讗讘诇 转讜住驻转 讬砖 诇讛

It was also stated that other amora鈥檌m debated this matter: Rabbi Abba said that Rav Huna said that Rav said: They taught that she is considered as having waived her rights to payment of her marriage contract only with regard to the principal payment of one hundred or two hundred dinars, but she still has the right to demand payment of the additional sum recorded in the marriage contract.

讗诪专 诇讬讛 专讘讬 讗讘讗 诇专讘 讛讜谞讗 讗诪专 专讘 讛讻讬 讗诪专 诇讬讛 讗讬砖转讬拽谉 拽讗诪专转 讗讜 讗砖拽讬讬谉 拽讗诪专转 讗诪专 诇讬讛 讗讬砖转讬拽谉 拽讗诪讬谞讗

Rabbi Abba said to Rav Huna: Did Rav really say so? Rav Huna said to Rabbi Abba: Did you say that in order to silence me, because you disagree with this ruling? Or did you say that because you are so satisfied with this ruling that you would like to give me wine to drink? Rabbi Abba said to him: I said that in order to silence you. This indicates that Rabbi Abba disagrees with Rav and accepts the opinion of Rabbi Yo岣nan on this issue.

讞诪转讬讛 讚专讘 讞讬讬讗 讗专讬讻讗 讗讬谞转转 讗讞讜讛 讛讜讗讬 讜讗诇诪谞讛 讘讘讬转 讗讘讬讛 讛讜讗讬 讜讝谞讛 注砖专讬诐 讜讞诪砖 砖谞讬谉 讘讘讬 谞砖讗

搂 The Gemara relates that the mother-in-law of Rav 岣yya Arikha, so named because of his height, as the word arikha literally means long, was also the wife of his brother, and she was a widow who resided in the house of her father, and Rav 岣yya sustained her for twenty-five years in the house of her father, from his brother鈥檚 estate.

诇住讜祝 讗诪专讛 诇讬讛 讛讘 诇讬 诪讝讜谞讬 讗诪专 诇讛 诇讬转 诇讱 诪讝讜谞讬 讛讘 诇讬 讻转讜讘讛 讗诪专 诇讛 诇讗 诪讝讜谞讬 讗讬转 诇讱 讜诇讗 讻转讜讘讛 讗讬转 诇讱

At the end of the twenty-five years, she said to him: Give me my sustenance. He said to her: You do not have the right to continue to demand sustenance. She said to him: In that case, give me the payment of my marriage contract. He said to her: After twenty-five years, you have no right to demand sustenance and you have no right to demand payment of your marriage contract.

转讘注转讬讛 诇讚讬谞讗 拽诪讬讛 讚专讘讛 讘专 砖讬诇讗 讗诪专 诇讬讛 讗讬诪讗 诇讬 讗讬讝讬 讙讜驻讗 讚注讜讘讚讗 讛讬讻讬 讛讜讛 讗诪专 诇讬讛 讝谞讬转讛 注砖专讬诐 讜讞诪砖 砖谞讬诐 讘讘讬 谞砖讗 讘讞讬讬 讚诪专 讚讘讻转驻讗讬 讗诪讟讗讬 诇讛

She summoned him for judgment before Rabba bar Sheila. He said to Rav 岣yya Arikha: Tell me, then, what was the essence of the case? Rav 岣yya Arikha said to him: I sustained her for twenty-five years in the house of her father, and I swear by the life of the Master, i.e., by your life, that I delivered her sustenance to her regularly on my own shoulders.

讗诪专 诇讬讛 讟注诪讗 诪讗讬 讗诪讜专 专讘谞谉 讻诇 讝诪谉 砖讛讬讗 讘讘讬转 讘注诇讛 讙讜讘讛 讻转讜讘转讛 诇注讜诇诐 讚讗诪专讬谞谉 诪砖讜诐 讻讬住讜驻讗 讛讜讗 讚诇讗 转讘注讛 讛讻讗 谞诪讬 诪砖讜诐 讻讬住讜驻讗 讛讜讗 讚诇讗 转讘注讛 讝讬诇 讛讘 诇讛

Rabba bar Sheila said to him: What is the reason that the Sages said that as long as the widow is in the house of her husband, she may always collect payment of her marriage contract? It is because we say that it is due to embarrassment that she did not demand payment of her marriage contract, because she is in her husband鈥檚 house and his heirs are treating her well. Here too, in this case, it is due to embarrassment that she did not demand payment of her marriage contract, as you treated her with great respect despite the fact that she was living in her father鈥檚 house. Therefore, go and give her the payment of her marriage contract.

诇讗 讗砖讙讞 讻转讘 诇讛 讗讚专讻转讗 讗谞讬讻住讬讛 讗转讗 诇拽诪讬讛 讚专讘讗 讗诪专 诇讬讛 讞讝讬 诪专 讛讬讻讬 讚谞谉 讗诪专 诇讬讛 砖驻讬专 讚谞讱

Rav 岣yya Arikha did not heed the ruling of Rabba bar Sheila and did not give her the payment of her marriage contract. Rabba bar Sheila wrote an authorization for her to seize his property in payment of the debt. Rav 岣yya Arikha came before Rava, and he said to him: Let the Master see how Rabba bar Sheila has judged me. Rava said to him: He has judged you well.

讗诪专讛 诇讬讛 讗讬 讛讻讬 诇讬讝讬诇 诇讛讚专 诇讬 驻讬专讬 讚诪谉 讛讛讜讗 讬讜诪讗 注讚 讛讗讬讚谞讗 讗诪专 诇讛 讗讞讜讬 诇讬 讗讚专讻转讬讱 讞讝讬讬讛 讚诇讗 讛讜讛 讻转讜讘 讘讛 讜讗讬砖转诪讜讚注谞讗 讚谞讻住讬诐 讗诇讜 讚诪讬转谞讗 讗讬谞讜谉 讗诪专 诇讛 讗讚专讻转讗 诇讗讜 砖驻讬专 讻转讬讘讗

The woman said to Rava: If so, he should go and return to me the produce that has grown on the property that I have a right to receive as payment, from that day that I received authorization to seize his property until today. He said to her: Show me your document of authorization. He saw that it was not written in it: And it is known to us that these properties are from the estate of the deceased. Rava said to her: The authorization is not written well. Consequently, the property is not considered as though it were yours from the time that the authorization was written, and you do not have a right to the produce.

讗诪专讛 诇讬讛 转讬讝讬诇 讗讚专讻转讗 讗讬砖拽讜诇 诪讬讜诪讗 讚砖诇讬诪讬 讬讜诪讗 讗讻专讝转讗 注讚 讛砖转讗 讗诪专 诇讛 讛谞讬 诪讬诇讬 讛讬讻讗 讚诇讗 讻转讬讘 讟注讜转讗 讘讗讚专讻转讗 讗讘诇 讛讬讻讗 讚讻转讬讘 讟注讜转讗 讘讗讚专讻转讗 诇讬转 诇谉 讘讛

She said to him: Let the authorization go, i.e., even if I have no right to the produce that grew from the time the authorization was written, I should have the right to take the produce that grew from the time when the days of announcement were completed, after the court assessed the value of the property, until now. He said to her: This applies only in a case where there was no error written into the authorization, but where there was an error written into the authorization, we have no right to collect the debt with it. You therefore have no rights to any of the produce.

讗诪专讛 诇讬讛 讜讛讗 诪专 讛讜讗 讚讗诪专 讗讞专讬讜转 讟注讜转 住讜驻专 讛讜讗

She said to him: But wasn鈥檛 it you, Master, who said that omission of the guarantee of the sale from the document is a scribal error, and it is considered as though the guarantee were written in the document? Here too, say that the omission of the above clause is regarded as a scribal error and is considered as though it were written in the authorization.

讗诪专 诇讛 专讘讗 讘讛讗 诇讬讻讗 诇诪讬诪专 讟注讜转 住讜驻专 讛讜讗 讚讘讛讗 讗驻讬诇讜 专讘讛 讘专 砖讬诇讗 讟注讬 诪注讬拽专讗 讛讜讗 住讘讜专 讛谞讬 讜讛谞讬 讚讬讚讬讛 诪讛 诇讬 诪讛谞讬 诪讛 诇讬 诪讛谞讬

Rava said to her: In this case, it cannot be said that the clause was meant to be included in the document and it was left out due to a scribal error, because in this case even Rabba bar Sheila erred and thought that the clause should not be included. Initially, Rabba bar Sheila thought as follows: Since these properties that always belonged to Rav 岣yya Arikha and those properties that had belonged to his deceased brother are all his, i.e., Rav 岣yya Arikha鈥檚, as he inherited his brother鈥檚 property, what difference does it make to me if she collects from these properties, and what difference does it make to me if she collects from those properties? Although only the property of her deceased husband is liened for the payment of her marriage contract, it should not really matter whether she collects from this property or from other property belonging to the heir.

讜诇讗 讛讬讗 讝讬诪谞讬谉 讚讗讝诇讛 讜诪砖讘讞讛 诇讛讜 讜讚讘注诇讛 诪讻住驻讬 讜讗诪专 诇讛 砖拽讬诇 讚讬讚讱 讜讛讘 诇讬 讚讬讚讬 讜讗转讬 诇讗驻讜拽讬 诇注讝 注诇 讘讬 讚讬谞讗

Rava continues: But that is not so. Sometimes the widow will go and improve the property of the heir, thinking that she will receive her payment from it, and the property of her deceased husband will depreciate due to neglect on the part of the heir, who knows that it is this property that is liened to ensure payment of the widow鈥檚 marriage contract. And eventually, the heir will say to her: Take your property, i.e., the property that belonged to your husband, and give me my property. And people will come to cast aspersion on the court as not being concerned for the welfare of the woman, who will be left with the depreciated property. Consequently, the document of authorization to seize property must specify exactly which property belonged to the widow鈥檚 deceased husband, which she is entitled to collect. Since Rabba bar Sheila erred and did not write this specification, the document of authorization he wrote was useless.

讛讚专谉 注诇讱 讛谞讜砖讗

 

诪转谞讬壮 砖谞讬 讚讬讬谞讬 讙讝讬专讜转 讛讬讜 讘讬专讜砖诇讬诐 讗讚诪讜谉 讜讞谞谉 讘谉 讗讘讬砖诇讜诐 讞谞谉 讗讜诪专 砖谞讬 讚讘专讬诐 讗讚诪讜谉 讗讜诪专 砖讘注讛 诪讬 砖讛诇讱 诇诪讚讬谞转 讛讬诐 讜讗砖转讜 转讜讘注转 诪讝讜谞讜转 讞谞谉 讗讜诪专

MISHNA: There were two prominent judges who issued decrees in Jerusalem, Admon and 岣nan ben Avishalom. 岣nan states two matters about which the Sages disagreed; Admon states seven. The mishna elaborates: With regard to the case of one who went overseas and his wife is demanding sustenance, claiming that her husband left her without funds and she is seeking a ruling that would provide for her from her husband鈥檚 property, 岣nan says:

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