Search

Ketubot 55

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder
0:00
0:00



podcast placeholder
0:00
0:00



Summary
Today’s daf is sponsored by Sue Talansky in loving memory of her mother Ruth Stromer, Shifra Raizel bat Tzvi v’Sarah. “She was a Holocaust survivor whose first task upon arriving in America was to ensure that her daughters got a yeshiva education. It is my mom who began my journey into learning.”
The additional amount the husband can add to the ketuba has the same status as the ketuba itself. This has relevance for a woman who sells, forgoes, or receives part of or demands her ketuba, and various other situations. There are four issues upon which the rabbis of Pumbedita and Mata Mechasia disagreed. One, do the male children collect their mother’s ketuba from their father’s inheritance as an inheritance, which cannot be collected from liened property, or as buyers, which can be collected from liened property. Two, if the husband set aside moveable property for collection of the ketuba and they are no longer in existence or able to be found, can she collect her ketuba without needing to swear that she didn’t receive any part of it yet? Three, if the husband delineated property from which the wife can collect her ketuba, but only identified one of the borders, does she need to swear that she didn’t receive any part of her ketuba before collecting the full amount from the land? Four, if someone said to write and sign a deed of a gift and give the gift to a particular person but there was no kinyan (a formal act of acquiring), does the messenger need to check again with the giver that they actually intend to give the gift? There was a debate in the Mishna and Rabbi Elazar ben Azaria held that a woman who is betrothed and received a ketuba and then got divorced or widowed, she can only collect the 200 or 100 zuz, but not the additional amount. Rav and Rabbi Natan debated whether we hold that may or not. The Gemara derives that Rabbi natan must have held like him as in a different halacha it is clear he holds by umdena, making an assessment about what we believe the person’s intentions must have been, which is exactly what Rabbi Elazar ben Azaria holds – we assess that the husband only promised her extra for the benefit of being married to her. That would mean that Rav doesn’t hold by umdena. However, the Gemara brings a debate between Rav and Shmuel where Rav does seem to hold by umdena, making an assessment.

Ketubot 55

לְשֶׁבַח; לִשְׁבוּעָה; וְלִשְׁבִיעִית;

It is also relevant to an increase in value, as she does not collect the main or additional sums from the increased value of the property in a case where the husband’s estate was not sufficient at the time of his death to pay the entire cost of her marriage contract but the heirs later increased the value of the property; to an oath, because if the wife is required to take an oath in order to receive her marriage contract, the additional sum is also included in that oath; and to the Sabbatical Year, as the marriage contract is not annulled with other debts in the Sabbatical Year, and this includes the additional sum as well.

וּלְכוֹתֵב כׇּל נְכָסָיו לְבָנָיו; לִגְבּוֹת מִן הַקַּרְקַע וּמִן הַזִּיבּוּרִית; וְכׇל זְמַן שֶׁהִיא בְּבֵית אָבִיהָ; וְלִכְתוּבַּת בְּנִין דִּכְרִין.

And with regard to one who writes a document transferring all of his property to his sons and leaves his wife a specific plot of land for her marriage contract, this teaches that she receives both the main and the additional sums of her contract only from that land. The aforementioned halakha also teaches that she collects the payment only from land, and specifically from land of inferior quality; and that a widow loses her ability to collect the main and additional sums as long as she is in her father’s home for more than twenty-five years after her husband’s death; and the principle also applies to the stipulation in the marriage contract that the male offspring inherit their mother’s dowry when her husband passes away in addition to the inheritance they receive together with their other brothers. These halakhot apply equally to the additional sum of the marriage contract.

אִיתְּמַר. כְּתוּבַּת בְּנִין דִּכְרִין, פּוּמְבְּדִיתָא אָמְרִי: לָא טָרְפָא מִמְּשַׁעְבְּדִי, ״יִרְתוּן״ תְּנַן.

§ It was stated that there was a debate among the Sages with regard to the stipulation in the marriage contract that the male offspring inherit the sum stipulated in their mother’s marriage contract. The Sages of Pumbedita say: It is not seized from liened property that has been sold by the father. This is because we learned in a mishna (52b) that the text of the stipulation is: They will inherit the money set aside for their mother’s marriage contract. From this phrase it is clear that the stipulation follows the halakhot of inheritance, and therefore their inheritance can be taken only from property in the father’s possession at the time of his death, but not from property that he had sold.

בְּנֵי מָתָא מַחְסֵיָא אָמְרִי: טָרְפָא מִמְּשַׁעְבְּדִי, ״יִסְּבוּן״ תְּנַן. וְהִלְכְתָא: לָא טָרְפָא מִמְּשַׁעְבְּדִי, ״יִרְתוּן״ תְּנַן.

The residents of Mata Meḥasya say: It is seized from liened property that has been sold. Their tradition is that the mishna states that the text of the stipulation is: They will take the money set aside for their mother’s marriage contract. It is as if the husband transferred this property to the sons, and as their acquisition precedes those of the other buyers, they may seize the sold property from the buyers. The Gemara concludes that the halakha is that it is not seized from liened property that has been sold, as the mishna states: They will inherit.

מִטַּלְטְלִי וְאִיתַנְהוּ בְּעֵינַיְיהוּ — בְּלָא שְׁבוּעָה,

There is another dispute between the Sages of Pumbedita and the residents of Mata Meḥasya, with regard to one who set aside payment for his wife’s marriage contract from movable property, and these objects are in their pure, unadulterated state at the time of the execution of the marriage contract after the husband’s death. In this case, all agree that the widow may take them without an oath that confirms that her husband did not leave her any other money for the payment of her marriage contract, as it is clear that he set aside these objects for that purpose.

לֵיתַנְהוּ בְּעֵינַיְיהוּ — פּוּמְבְּדִיתָא אָמְרִי: בְּלֹא שְׁבוּעָה. בְּנֵי מָתָא מַחְסֵיָא אָמְרִי: בִּשְׁבוּעָה. וְהִלְכְתָא: בְּלֹא שְׁבוּעָה.

However, if the movable objects are not in their pure, unadulterated state, e.g., they were lost, the Sages of Pumbedita say that she takes the payment for her marriage contract from other property, as all of the husband’s property is liened to the marriage contract without an oath. The residents of Mata Meḥasya say she takes her payment only with an oath, because of a concern that she may have already received other property as payment for her marriage contract. And the halakha is that she may take it without an oath, in accordance with the opinion of the Sages of Pumbedita.

יַיחֵד לַהּ אַרְעָא בְּאַרְבְּעָה מִצְרָנֶהָא — בְּלָא שְׁבוּעָה. בְּחַד מִצְרָא — פּוּמְבְּדִיתָא אָמְרִי: בְּלָא שְׁבוּעָה. בְּנֵי מָתָא מַחְסֵיָא אָמְרִי: בִּשְׁבוּעָה. וְהִלְכְתָא: בְּלָא שְׁבוּעָה.

If he set aside land for her, which he demarcated on all four of its borders, she seizes the land without an oath. If he demarcated it on only one border, which is not as clear an indication, the Sages of Pumbedita say she takes it without an oath, and the residents of Mata Meḥasya say she takes it with an oath. And the halakha is that she takes it without an oath.

אָמַר לְעֵדִים ״כִּתְבוּ וְחִתְמוּ וְהַבוּ לֵיהּ״, קְנוֹ מִינֵּיהּ — לָא צְרִיךְ אִימְּלוֹכֵי בֵּיהּ. לָא קְנוֹ מִינֵּיהּ — פּוּמְבְּדִיתָא אָמְרִי: לָא צְרִיךְ אִימְּלוֹכֵי בֵּיהּ, בְּנֵי מָתָא מַחְסֵיָא אָמְרִי: צְרִיךְ אִימְּלוֹכֵי בֵּיהּ. וְהִלְכְתָא: צְרִיךְ אִימְּלוֹכֵי בֵּיהּ.

Furthermore, they had a dispute in a case where someone told witnesses: Write and sign a deed of gift and give it to the intended recipient of the gift. In such a case, if the witnesses acquired it from him on behalf of the recipient by performing a formal act of acquisition, they do not need to consult with him again, as there can be no retraction after a formal acquisition. But if they did not acquire it from him, the Sages of Pumbedita say they do not need to consult with him again, and the residents of Mata Meḥasya say they must consult with him. And the halakha is that they must consult with him again.

רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה וְכוּ׳. אִיתְּמַר. רַב וְרַבִּי נָתָן, חַד אָמַר: הֲלָכָה כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה, וְחַד אָמַר: אֵין הֲלָכָה כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה.

§ The mishna states that Rabbi Elazar ben Azarya says that a woman who collects the payment for her marriage contract after marriage receives the main and additional sums, while one who collects it after betrothal receives only the main sum. It was stated: Rav and Rabbi Natan differed with regard to this issue. One said the halakha is in accordance with the opinion of Rabbi Elazar ben Azarya. And one said the halakha is not in accordance with the opinion of Rabbi Elazar ben Azarya.

תִּסְתַּיֵּים דְּרַבִּי נָתָן הוּא דְּאָמַר הֲלָכָה כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה, דְּשָׁמְעִינַן לֵיהּ לְרַבִּי נָתָן דְּאָזֵיל בָּתַר אוּמְדָּנָא. דְּאָמַר רַבִּי נָתָן: הֲלָכָה כְּרַבִּי שִׁמְעוֹן שֵׁזוּרִי בִּמְסוּכָּן,

It may be concluded that Rabbi Natan is the one who said that the halakha is in accordance with the opinion of Rabbi Elazar ben Azarya, as we have heard that Rabbi Natan follows the principle of assessing intention. Even if one did not make an explicit statement, the court assesses what his intention must have been and decides the halakha based on that assessment. It is clear that he follows this principle, as Rabbi Natan said that the halakha is in accordance with the opinion of Rabbi Shimon Shezuri in the case of an ill person in danger. If this person says: Write a bill of divorce for my wife, that is understood as: Write it and give it to her, as his intention is to absolve her from the requirement of levirate marriage by means of the bill of divorce. Although he did not explicitly state this, Rabbi Natan holds that in such a situation the court assesses that this was the husband’s intent and follows it.

וּבִתְרוּמַת מַעֲשֵׂר שֶׁל דְּמַאי.

And the halakha is also in accordance with his opinion with regard to the teruma of the tithe from doubtfully tithed produce [demai]. Produce purchased from a common, uneducated person [am ha’aretz] is considered demai and by rabbinic law it is regarded as uncertain whether the seller separated tithes and teruma of the tithe from it. Rabbi Natan rules in accordance with Rabbi Shimon Shezuri’s opinion in a case where, after one bought demai and separated teruma of the tithe, this teruma becomes mingled with the produce from which it was separated. If all of the produce were treated as actual teruma, the only solution would be to sell all of the produce to a priest at low cost, as he is the only one who may use it. Rabbi Shimon Shezuri, however, rules that in the case of demai, the owner may ask the fruit seller if he properly separated the tithes. If the seller responds that he did, the owner may rely on that, despite the fact that the seller is an am ha’aretz, as the Sages do not apply their decree in a case where it would cause significant financial loss.

וְרַב לָא אָזֵיל בָּתַר אוּמְדָּנָא? וְהָא אִיתְּמַר: מַתְּנַת שְׁכִיב מְרַע שֶׁכָּתוּב בָּהּ קִנְיָן, בְּבֵי רַב מִשְּׁמֵיהּ דְּרַב אָמְרִי: אַרְכְּבֵיהּ אַתְּרֵי רִכְשֵׁי. וּשְׁמוּאֵל אָמַר: לָא יָדַעְנָא מַאי אֵידוּן בַּהּ.

Having established that Rabbi Natan follows the principle of assessment, the Gemara asks: And does Rav not follow this principle of assessing intention? But it was stated that Rav and Shmuel disagreed about a specific case with regard to the gift of a person on his deathbed, in which it was also written that the gift was given with an act of acquisition. There is a rabbinic ordinance that one on his deathbed can effect the transfer of property without the ordinarily required act of acquisition, but in this case such an act was performed anyway. In the school of Rav, they say in the name of Rav: He had him ride on two horses, meaning that he gave him a gift with a document strengthened in two different ways. And Shmuel said: I do not know what to decide about it.

בְּבֵי רַב מִשְּׁמֵיהּ דְּרַב אָמְרִי, אַרְכְּבֵיהּ אַתְּרֵי רִכְשֵׁי: הֲרֵי הִיא כְּמַתְּנַת בָּרִיא, וַהֲרֵי הִיא כְּמַתְּנַת שְׁכִיב מְרַע.

The Gemara explains the two opinions: In the school of Rav, they say in the name of Rav: He had him ride on two horses, meaning that he performed the transfer in a manner that took advantage of two separate halakhot to strengthen its validity. In one aspect, it is similar to the gift of a healthy person, and in a different way it is similar to the gift of a person on his deathbed. Both of these aspects act to strengthen the transfer.

הֲרֵי הִיא כְּמַתְּנַת בָּרִיא, דְּאִם עָמַד — אֵינוֹ יָכוֹל לַחֲזוֹר בּוֹ. הֲרֵי הִיא כְּמַתְּנַת שְׁכִיב מְרַע, שֶׁאִם אָמַר ״הַלְוָאָתִי לִפְלוֹנִי״ — הַלְוָאָתוֹ לִפְלוֹנִי.

On the one hand, it is similar to the gift of a healthy person in that if he arose from the bed and recovered he cannot retract it, since he performed a proper act of acquisition. On the other hand, it is like the gift of a person on his deathbed in that if he said: My loan, i.e., money owed to me, is transferred to so-and-so as a gift, his loan is in fact transferred to so-and-so. Although ordinarily ownership of a debt cannot be transferred without a formal transference of the promissory note, the verbal statement is sufficient to effect the transfer since this is a gift of a person on his deathbed.

וּשְׁמוּאֵל אָמַר: לָא יָדַעְנָא מַאי אֵידוּן בַּהּ, שֶׁמָּא לֹא גָּמַר לְהַקְנוֹתוֹ אֶלָּא בִּשְׁטָר, וְאֵין שְׁטָר לְאַחַר מִיתָה.

And Shmuel said: I do not know what to decide about it. Perhaps his performance of an act of acquisition indicates that he resolved to transfer it to him only with a bill of sale. And since his intention is that the sale not take effect until he also gives a bill of sale, the transfer does not take effect, as a bill of sale is not effective after the death of the owner.

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

Jill Shames
Jill Shames

Jerusalem, Israel

I had tried to start after being inspired by the hadran siyum, but did not manage to stick to it. However, just before masechet taanit, our rav wrote a message to the shul WhatsApp encouraging people to start with masechet taanit, so I did! And this time, I’m hooked! I listen to the shiur every day , and am also trying to improve my skills.

Laura Major
Laura Major

Yad Binyamin, Israel

I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.

Meira Shapiro
Meira Shapiro

NJ, United States

I never thought I’d be able to do Daf Yomi till I saw the video of Hadran’s Siyum HaShas. Now, 2 years later, I’m about to participate in Siyum Seder Mo’ed with my Hadran community. It has been an incredible privilege to learn with Rabbanit Michelle and to get to know so many caring, talented and knowledgeable women. I look forward with great anticipation and excitement to learning Seder Nashim.

Caroline-Ben-Ari-Tapestry
Caroline Ben-Ari

Karmiel, Israel

Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .

Jill Felder
Jill Felder

Pittsburgh, Pennsylvania, United States

I read Ilana Kurshan’s “If All the Seas Were Ink” which inspired me. Then the Women’s Siyum in Jerusalem in 2020 convinced me, I knew I had to join! I have loved it- it’s been a constant in my life daily, many of the sugiyot connect to our lives. My family and friends all are so supportive. It’s incredible being part of this community and love how diverse it is! I am so excited to learn more!

Shira Jacobowitz
Shira Jacobowitz

Jerusalem, Israel

Years ago, I attended the local Siyum HaShas with my high school class. It was inspiring! Through that cycle and the next one, I studied masekhtot on my own and then did “daf yomi practice.” The amazing Hadran Siyum HaShas event firmed my resolve to “really do” Daf Yomi this time. It has become a family goal. We’ve supported each other through challenges, and now we’re at the Siyum of Seder Moed!

Elisheva Brauner
Elisheva Brauner

Jerusalem, Israel

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

I started learning Talmud with R’ Haramati in Yeshivah of Flatbush. But after a respite of 60 years, Rabbanit Michelle lit my fire – after attending the last three world siyumim in Miami Beach, Meadowlands and Boca Raton, and now that I’m retired, I decided – “I can do this!” It has been an incredible journey so far, and I look forward to learning Daf everyday – Mazal Tov to everyone!

Roslyn Jaffe
Roslyn Jaffe

Florida, United States

Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.

Shira Eliaser
Shira Eliaser

Skokie, IL, United States

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

After experiences over the years of asking to join gemara shiurim for men and either being refused by the maggid shiur or being the only women there, sometimes behind a mechitza, I found out about Hadran sometime during the tail end of Masechet Shabbat, I think. Life has been much better since then.

Madeline Cohen
Madeline Cohen

London, United Kingdom

I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Dora Chana Haar

Oceanside NY, United States

I’ve been wanting to do Daf Yomi for years, but always wanted to start at the beginning and not in the middle of things. When the opportunity came in 2020, I decided: “this is now the time!” I’ve been posting my journey daily on social media, tracking my progress (#DafYomi); now it’s fully integrated into my daily routines. I’ve also inspired my partner to join, too!

Joséphine Altzman
Joséphine Altzman

Teaneck, United States

When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.

Hannah Lee
Hannah Lee

Pennsylvania, United States

When the new cycle began, I thought, If not now, when? I’d just turned 72. I feel like a tourist on a tour bus passing astonishing scenery each day. Rabbanit Michelle is my beloved tour guide. When the cycle ends, I’ll be 80. I pray that I’ll have strength and mind to continue the journey to glimpse a little more. My grandchildren think having a daf-learning savta is cool!

Wendy Dickstein
Wendy Dickstein

Jerusalem, Israel

I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Wendy Rozov
Wendy Rozov

Phoenix, AZ, United States

As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.

Sue Parker Gerson
Sue Parker Gerson

Denver, United States

Ketubot 55

לְשֶׁבַח; לִשְׁבוּעָה; וְלִשְׁבִיעִית;

It is also relevant to an increase in value, as she does not collect the main or additional sums from the increased value of the property in a case where the husband’s estate was not sufficient at the time of his death to pay the entire cost of her marriage contract but the heirs later increased the value of the property; to an oath, because if the wife is required to take an oath in order to receive her marriage contract, the additional sum is also included in that oath; and to the Sabbatical Year, as the marriage contract is not annulled with other debts in the Sabbatical Year, and this includes the additional sum as well.

וּלְכוֹתֵב כׇּל נְכָסָיו לְבָנָיו; לִגְבּוֹת מִן הַקַּרְקַע וּמִן הַזִּיבּוּרִית; וְכׇל זְמַן שֶׁהִיא בְּבֵית אָבִיהָ; וְלִכְתוּבַּת בְּנִין דִּכְרִין.

And with regard to one who writes a document transferring all of his property to his sons and leaves his wife a specific plot of land for her marriage contract, this teaches that she receives both the main and the additional sums of her contract only from that land. The aforementioned halakha also teaches that she collects the payment only from land, and specifically from land of inferior quality; and that a widow loses her ability to collect the main and additional sums as long as she is in her father’s home for more than twenty-five years after her husband’s death; and the principle also applies to the stipulation in the marriage contract that the male offspring inherit their mother’s dowry when her husband passes away in addition to the inheritance they receive together with their other brothers. These halakhot apply equally to the additional sum of the marriage contract.

אִיתְּמַר. כְּתוּבַּת בְּנִין דִּכְרִין, פּוּמְבְּדִיתָא אָמְרִי: לָא טָרְפָא מִמְּשַׁעְבְּדִי, ״יִרְתוּן״ תְּנַן.

§ It was stated that there was a debate among the Sages with regard to the stipulation in the marriage contract that the male offspring inherit the sum stipulated in their mother’s marriage contract. The Sages of Pumbedita say: It is not seized from liened property that has been sold by the father. This is because we learned in a mishna (52b) that the text of the stipulation is: They will inherit the money set aside for their mother’s marriage contract. From this phrase it is clear that the stipulation follows the halakhot of inheritance, and therefore their inheritance can be taken only from property in the father’s possession at the time of his death, but not from property that he had sold.

בְּנֵי מָתָא מַחְסֵיָא אָמְרִי: טָרְפָא מִמְּשַׁעְבְּדִי, ״יִסְּבוּן״ תְּנַן. וְהִלְכְתָא: לָא טָרְפָא מִמְּשַׁעְבְּדִי, ״יִרְתוּן״ תְּנַן.

The residents of Mata Meḥasya say: It is seized from liened property that has been sold. Their tradition is that the mishna states that the text of the stipulation is: They will take the money set aside for their mother’s marriage contract. It is as if the husband transferred this property to the sons, and as their acquisition precedes those of the other buyers, they may seize the sold property from the buyers. The Gemara concludes that the halakha is that it is not seized from liened property that has been sold, as the mishna states: They will inherit.

מִטַּלְטְלִי וְאִיתַנְהוּ בְּעֵינַיְיהוּ — בְּלָא שְׁבוּעָה,

There is another dispute between the Sages of Pumbedita and the residents of Mata Meḥasya, with regard to one who set aside payment for his wife’s marriage contract from movable property, and these objects are in their pure, unadulterated state at the time of the execution of the marriage contract after the husband’s death. In this case, all agree that the widow may take them without an oath that confirms that her husband did not leave her any other money for the payment of her marriage contract, as it is clear that he set aside these objects for that purpose.

לֵיתַנְהוּ בְּעֵינַיְיהוּ — פּוּמְבְּדִיתָא אָמְרִי: בְּלֹא שְׁבוּעָה. בְּנֵי מָתָא מַחְסֵיָא אָמְרִי: בִּשְׁבוּעָה. וְהִלְכְתָא: בְּלֹא שְׁבוּעָה.

However, if the movable objects are not in their pure, unadulterated state, e.g., they were lost, the Sages of Pumbedita say that she takes the payment for her marriage contract from other property, as all of the husband’s property is liened to the marriage contract without an oath. The residents of Mata Meḥasya say she takes her payment only with an oath, because of a concern that she may have already received other property as payment for her marriage contract. And the halakha is that she may take it without an oath, in accordance with the opinion of the Sages of Pumbedita.

יַיחֵד לַהּ אַרְעָא בְּאַרְבְּעָה מִצְרָנֶהָא — בְּלָא שְׁבוּעָה. בְּחַד מִצְרָא — פּוּמְבְּדִיתָא אָמְרִי: בְּלָא שְׁבוּעָה. בְּנֵי מָתָא מַחְסֵיָא אָמְרִי: בִּשְׁבוּעָה. וְהִלְכְתָא: בְּלָא שְׁבוּעָה.

If he set aside land for her, which he demarcated on all four of its borders, she seizes the land without an oath. If he demarcated it on only one border, which is not as clear an indication, the Sages of Pumbedita say she takes it without an oath, and the residents of Mata Meḥasya say she takes it with an oath. And the halakha is that she takes it without an oath.

אָמַר לְעֵדִים ״כִּתְבוּ וְחִתְמוּ וְהַבוּ לֵיהּ״, קְנוֹ מִינֵּיהּ — לָא צְרִיךְ אִימְּלוֹכֵי בֵּיהּ. לָא קְנוֹ מִינֵּיהּ — פּוּמְבְּדִיתָא אָמְרִי: לָא צְרִיךְ אִימְּלוֹכֵי בֵּיהּ, בְּנֵי מָתָא מַחְסֵיָא אָמְרִי: צְרִיךְ אִימְּלוֹכֵי בֵּיהּ. וְהִלְכְתָא: צְרִיךְ אִימְּלוֹכֵי בֵּיהּ.

Furthermore, they had a dispute in a case where someone told witnesses: Write and sign a deed of gift and give it to the intended recipient of the gift. In such a case, if the witnesses acquired it from him on behalf of the recipient by performing a formal act of acquisition, they do not need to consult with him again, as there can be no retraction after a formal acquisition. But if they did not acquire it from him, the Sages of Pumbedita say they do not need to consult with him again, and the residents of Mata Meḥasya say they must consult with him. And the halakha is that they must consult with him again.

רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה וְכוּ׳. אִיתְּמַר. רַב וְרַבִּי נָתָן, חַד אָמַר: הֲלָכָה כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה, וְחַד אָמַר: אֵין הֲלָכָה כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה.

§ The mishna states that Rabbi Elazar ben Azarya says that a woman who collects the payment for her marriage contract after marriage receives the main and additional sums, while one who collects it after betrothal receives only the main sum. It was stated: Rav and Rabbi Natan differed with regard to this issue. One said the halakha is in accordance with the opinion of Rabbi Elazar ben Azarya. And one said the halakha is not in accordance with the opinion of Rabbi Elazar ben Azarya.

תִּסְתַּיֵּים דְּרַבִּי נָתָן הוּא דְּאָמַר הֲלָכָה כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה, דְּשָׁמְעִינַן לֵיהּ לְרַבִּי נָתָן דְּאָזֵיל בָּתַר אוּמְדָּנָא. דְּאָמַר רַבִּי נָתָן: הֲלָכָה כְּרַבִּי שִׁמְעוֹן שֵׁזוּרִי בִּמְסוּכָּן,

It may be concluded that Rabbi Natan is the one who said that the halakha is in accordance with the opinion of Rabbi Elazar ben Azarya, as we have heard that Rabbi Natan follows the principle of assessing intention. Even if one did not make an explicit statement, the court assesses what his intention must have been and decides the halakha based on that assessment. It is clear that he follows this principle, as Rabbi Natan said that the halakha is in accordance with the opinion of Rabbi Shimon Shezuri in the case of an ill person in danger. If this person says: Write a bill of divorce for my wife, that is understood as: Write it and give it to her, as his intention is to absolve her from the requirement of levirate marriage by means of the bill of divorce. Although he did not explicitly state this, Rabbi Natan holds that in such a situation the court assesses that this was the husband’s intent and follows it.

וּבִתְרוּמַת מַעֲשֵׂר שֶׁל דְּמַאי.

And the halakha is also in accordance with his opinion with regard to the teruma of the tithe from doubtfully tithed produce [demai]. Produce purchased from a common, uneducated person [am ha’aretz] is considered demai and by rabbinic law it is regarded as uncertain whether the seller separated tithes and teruma of the tithe from it. Rabbi Natan rules in accordance with Rabbi Shimon Shezuri’s opinion in a case where, after one bought demai and separated teruma of the tithe, this teruma becomes mingled with the produce from which it was separated. If all of the produce were treated as actual teruma, the only solution would be to sell all of the produce to a priest at low cost, as he is the only one who may use it. Rabbi Shimon Shezuri, however, rules that in the case of demai, the owner may ask the fruit seller if he properly separated the tithes. If the seller responds that he did, the owner may rely on that, despite the fact that the seller is an am ha’aretz, as the Sages do not apply their decree in a case where it would cause significant financial loss.

וְרַב לָא אָזֵיל בָּתַר אוּמְדָּנָא? וְהָא אִיתְּמַר: מַתְּנַת שְׁכִיב מְרַע שֶׁכָּתוּב בָּהּ קִנְיָן, בְּבֵי רַב מִשְּׁמֵיהּ דְּרַב אָמְרִי: אַרְכְּבֵיהּ אַתְּרֵי רִכְשֵׁי. וּשְׁמוּאֵל אָמַר: לָא יָדַעְנָא מַאי אֵידוּן בַּהּ.

Having established that Rabbi Natan follows the principle of assessment, the Gemara asks: And does Rav not follow this principle of assessing intention? But it was stated that Rav and Shmuel disagreed about a specific case with regard to the gift of a person on his deathbed, in which it was also written that the gift was given with an act of acquisition. There is a rabbinic ordinance that one on his deathbed can effect the transfer of property without the ordinarily required act of acquisition, but in this case such an act was performed anyway. In the school of Rav, they say in the name of Rav: He had him ride on two horses, meaning that he gave him a gift with a document strengthened in two different ways. And Shmuel said: I do not know what to decide about it.

בְּבֵי רַב מִשְּׁמֵיהּ דְּרַב אָמְרִי, אַרְכְּבֵיהּ אַתְּרֵי רִכְשֵׁי: הֲרֵי הִיא כְּמַתְּנַת בָּרִיא, וַהֲרֵי הִיא כְּמַתְּנַת שְׁכִיב מְרַע.

The Gemara explains the two opinions: In the school of Rav, they say in the name of Rav: He had him ride on two horses, meaning that he performed the transfer in a manner that took advantage of two separate halakhot to strengthen its validity. In one aspect, it is similar to the gift of a healthy person, and in a different way it is similar to the gift of a person on his deathbed. Both of these aspects act to strengthen the transfer.

הֲרֵי הִיא כְּמַתְּנַת בָּרִיא, דְּאִם עָמַד — אֵינוֹ יָכוֹל לַחֲזוֹר בּוֹ. הֲרֵי הִיא כְּמַתְּנַת שְׁכִיב מְרַע, שֶׁאִם אָמַר ״הַלְוָאָתִי לִפְלוֹנִי״ — הַלְוָאָתוֹ לִפְלוֹנִי.

On the one hand, it is similar to the gift of a healthy person in that if he arose from the bed and recovered he cannot retract it, since he performed a proper act of acquisition. On the other hand, it is like the gift of a person on his deathbed in that if he said: My loan, i.e., money owed to me, is transferred to so-and-so as a gift, his loan is in fact transferred to so-and-so. Although ordinarily ownership of a debt cannot be transferred without a formal transference of the promissory note, the verbal statement is sufficient to effect the transfer since this is a gift of a person on his deathbed.

וּשְׁמוּאֵל אָמַר: לָא יָדַעְנָא מַאי אֵידוּן בַּהּ, שֶׁמָּא לֹא גָּמַר לְהַקְנוֹתוֹ אֶלָּא בִּשְׁטָר, וְאֵין שְׁטָר לְאַחַר מִיתָה.

And Shmuel said: I do not know what to decide about it. Perhaps his performance of an act of acquisition indicates that he resolved to transfer it to him only with a bill of sale. And since his intention is that the sale not take effect until he also gives a bill of sale, the transfer does not take effect, as a bill of sale is not effective after the death of the owner.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete