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Ketubot 80

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Summary

A husband has rights to the proceeds of his wife’s usufruct property (nichsei melog). However, once the marriage ends, he has no rights at all. He can get back the money invested only if he was not able to benefit at all from the proceeds. How much does he need to benefit to have it considered that he did not benefit? In the event that he does get back his investment, he needs to swear about how much he spent. Rav Asi says only if the investment is equal to the gain. What did he mean by this? Abaye and Rava each have different explanations. If a husband brought in sharecroppers and then the marriage is dissolved, do they have the exact same rights as the husband or not? On what does it depend? Can a husband sell his rights to the proceeds? If land is inherited or gifted to a woman while she is waiting for yibum, both Beit Shamai and Beit Hillel agree that she can sell it. What happens to her possessions if she dies? On what does it depend? A yabam or husband cannot designate items for the woman for her ketuba collection to free up their land. Who is responsible to bury a woman waiting for yibum?

Today’s daily daf tools:

Ketubot 80

רַבִּי אַבָּא, אָמְרִי בֵּי רַב: אֲפִילּוּ שִׁיגְרָא דְתַמְרֵי. בָּעֵי רַב בִּיבִי: חוּבְצָא דְתַמְרֵי מַאי? תֵּיקוּ.

by Rabbi Abba that in the school of Rav they say: It is even a cluster of dates stuck together. Rav Beivai asks: If one ate dough made of dates, what is the halakha? Is this considered dignified consumption? The Gemara concludes: The question shall stand unresolved.

לָא אָכְלָה דֶּרֶךְ כָּבוֹד מַאי? אָמַר עוּלָּא: פְּלִיגִי בַּהּ תְּרֵי אָמוֹרָאֵי בְּמַעְרְבָא, חַד אָמַר: בִּכְאִיסָּר, וְחַד אָמַר: בִּכְדִינָר.

The Gemara asks: If he did not eat it in a dignified manner, what is the halakha? How much must he eat to be deemed a proper act of consumption? Ulla said: Two amora’im in the West, i.e., Eretz Yisrael, disagree about this matter. One said: He ate the amount of an issar, and one said: He ate the measure of a dinar.

אָמְרִי דַּיָּינֵי דְּפוּמְבְּדִיתָא: עֲבַד רַב יְהוּדָה עוֹבָדָא בַּחֲבִילֵי זְמוֹרוֹת. רַב יְהוּדָה לְטַעְמֵיהּ, דְּאָמַר רַב יְהוּדָה: אֲכָלָהּ עׇרְלָה, שְׁבִיעִית, וְכִלְאַיִם — הֲרֵי זוֹ חֲזָקָה.

The judges of Pumbedita say: Rav Yehuda took action in a case of a bundle of branches. A husband took them from his wife’s property and fed them to his animals, and Rav Yehuda ruled that this was treated as consumption of her property. The Gemara comments: Rav Yehuda conforms to his line of reasoning. As Rav Yehuda said: If one took possession of a plot of land and consumed some of the produce of its trees that was forbidden due to the prohibition against eating the fruit of a tree during the first three years after its planting [orla] or produce of the seventh year, or a forbidden mixture of diverse kinds, this is considered taking possession of the land, as he was allowed to benefit from the permitted branches.

אָמַר רַב יַעֲקֹב אָמַר רַב חִסְדָּא: הַמּוֹצִיא הוֹצָאוֹת עַל נִכְסֵי אִשְׁתּוֹ קְטַנָּה — כְּמוֹצִיא עַל נִכְסֵי אַחֵר דָּמֵי. מַאי טַעְמָא — עֲבַדוּ בַּהּ רַבָּנַן תַּקַּנְתָּא, כִּי הֵיכִי דְּלָא נִיפְסְדִינְהוּ.

§ Rav Yaakov said that Rav Ḥisda said: With regard to one who outlays expenditures for the property of his wife who is a minor girl and was married off by her mother or brothers, he is considered like one who outlays expenditures for the property of someone else. Therefore, if she performed refusal upon reaching maturity, thereby annulling the marriage, he takes the value of the improvement. What is the reason for this? The Sages enacted this ordinance in order that he should not let her property depreciate. If he is not guaranteed reimbursement for his expenses if she refuses him as her husband, he will not attend to the upkeep of her property, causing its value to decline.

הָהִיא אִיתְּתָא דִּנְפַלוּ לַהּ אַרְבַּע מְאָה זוּזֵי בֵּי חוֹזָאֵי, אֲזַל גַּבְרָא אַפֵּיק שֵׁית מְאָה אַיְיתַי אַרְבַּע מְאָה. בַּהֲדֵי דְּקָאָתֵי, אִיצְטְרִיךְ לֵיהּ חַד זוּזָא וּשְׁקַל מִנַּיְיהוּ. אֲתָא לְקַמֵּיהּ דְּרַבִּי אַמֵּי, אֲמַר לֵיהּ: מַה שֶּׁהוֹצִיא — הוֹצִיא, וּמַה שֶּׁאָכַל — אָכַל.

The Gemara relates: There was a certain woman who had four hundred dinars bequeathed to her in Bei Ḥozai, a remote location in Babylonia. The man, her husband, went and took with him six hundred of his own dinars for travel expenses and brought back with him four hundred. While he was coming back he required one dinar, which he took from the money he had collected. He came before Rabbi Ami for a ruling. Rabbi Ami said to him: That which he spent he has spent, and that which he ate he has eaten. He has benefited from one dinar of her money and spent six hundred of his own, and neither amount can be claimed.

אֲמַרוּ לֵיהּ רַבָּנַן לְרַבִּי אַמֵּי: הָנֵי מִילֵּי הֵיכָא דְּקָאָכֵיל פֵּירָא, הָא קַרְנָא קָאָכֵיל וְהוֹצָאָה הִיא. אִם כֵּן, הָוֵה לֵיהּ הוֹצִיא וְלֹא אָכַל, יִשָּׁבַע כַּמָּה הוֹצִיא, וְיִטּוֹל.

The Rabbis said to Rabbi Ami: This applies only where he consumes the produce of his wife’s property, but this one ate from the principal, and it is merely expenditures. He replied: If so, this is a case of one who pays expenditures and did not eat, and the halakha is that in such a case he takes an oath with regard to how much he paid and then takes that amount.

יִשָּׁבַע כַּמָּה הוֹצִיא וְיִטּוֹל. אָמַר רַבִּי אַסִּי: וְהוּא שֶׁיֵּשׁ שֶׁבַח כְּנֶגֶד הוֹצָאָה. לְמַאי הִלְכְתָא? אָמַר אַבָּיֵי: שֶׁאִם הָיָה שֶׁבַח יָתֵר עַל הוֹצָאָה — נוֹטֵל אֶת הַהוֹצָאָה בְּלֹא שְׁבוּעָה.

§ The mishna states: He takes an oath with regard to how much he spent and takes this sum. Rabbi Asi said: And this applies only if there is enhancement to the property corresponding to his expense. The Gemara asks: With regard to what halakha was this stated? Is this a stringency for the husband that if the value of enhancement is less he may not reclaim all his expenses, or is it a leniency that if the value is greater he need not take an oath? Abaye said: It means that if the value of enhancement was greater than the expense, he takes the expense without an oath.

אֲמַר לֵיהּ רָבָא: אִם כֵּן, אָתֵי לְאִיעָרוֹמֵי! אֶלָּא אָמַר רָבָא: שֶׁאִם הָיְתָה הוֹצָאָה יְתֵירָה עַל הַשֶּׁבַח — אֵין לוֹ אֶלָּא הוֹצָאָה שִׁיעוּר שֶׁבַח, וּבִשְׁבוּעָה.

Rava said to him: If so, he will come to deceive, as he can always say that he spent slightly less than the value of the enhancement and thereby receive this amount without having to take an oath. Rather, Rava said: It means that if the expense was greater than the enhancement, he has rights to reclaim the expense only up to the amount of the enhancement, but no more, and even this amount he can claim only by an oath.

אִיבַּעְיָא לְהוּ: בַּעַל שֶׁהוֹרִיד אֲרִיסִין תַּחְתָּיו, מַהוּ? אַדַּעְתָּא דְבַעַל נָחֵית. אִיסְתַּלַּיק לֵיהּ בַּעַל, אִיסְתַּלַּיקוּ לְהוּ. אוֹ דִלְמָא: אַדַּעְתָּא דְאַרְעָא נָחֵית, וְאַרְעָא כִּי קָיְימָא — לַאֲרִיסֵי קָיְימָא?

A dilemma was raised before the Sages: With regard to a husband who engaged sharecroppers to work his wife’s property in his stead, what is the halakha? Does a sharecropper begin work on the land with the intention to work for the husband, so that if the husband departs the property, e.g., if he divorces his wife, they too depart as sharecroppers and do not receive their share of the profits from the land? Or perhaps a sharecropper begins work with the intention to work the land, and the land, as it stands, stands to be worked by sharecroppers? Since their involvement is directly with the land, it makes no difference who hired them, and they would stay on the land.

מַתְקֵיף לַהּ רָבָא בַּר רַב חָנָן: מַאי שְׁנָא מֵהַיּוֹרֵד לְתוֹךְ שְׂדֵה חֲבֵירוֹ וּנְטָעָהּ שֶׁלֹּא בִּרְשׁוּת, שָׁמִין לוֹ, וְיָדוֹ עַל הַתַּחְתּוֹנָה?

Rava bar Rav Ḥanan objects to this line of inquiry: In what way is this case different from that of one who entered the field of another and planted it without permission? In such a situation one evaluates his expenses for him and the value of his enhancement of the field, and he is at a disadvantage. Therefore, he always receives the smaller sum, whether it is equal to his expenses or the enhancement of the property. In this case too, even if the sharecroppers are viewed as unauthorized occupiers of the land, why shouldn’t they be treated like one who entered another’s field without permission and receive at least the smaller sum?

הָתָם לֵיכָּא אִינִישׁ דְּטָרַח, הָכָא אִיכָּא בַּעַל דְּטָרַח.

The Gemara answers: The two cases are not comparable: There, when one enters another’s land, there is no one else that will exert himself for it, and therefore it is reasonable that the one who invested in this property should at least be compensated for the lesser value. However, here, there is a husband who exerts himself for the land. Since the sharecroppers act in his stead, they are entitled to remain on the land only as long as he is present.

מַאי הָוֵי עֲלַהּ? אָמַר רַב הוּנָא בְּרֵיהּ דְּרַב יְהוֹשֻׁעַ: חָזֵינַן אִי בַּעַל אָרִיס הוּא — אִיסְתַּלַּק לֵיהּ בַּעַל, אִסְתַּלַּקוּ לְהוּ. אִי בַּעַל לָאו אָרִיס הוּא, אַרְעָא לַאֲרִיסֵי קָיְימָא.

The Gemara asks: What conclusion was reached about it, i.e., the original question? Rav Huna, son of Rav Yehoshua, said: We examine the matter: If this husband is a sharecropper himself and possesses sufficient knowledge of working the land to perform the task himself, then when the husband departs from the property they too depart, as they are taking his place. If the husband is not a sharecropper, the land is ready for sharecroppers, as the husband would not have performed the work himself. Since the wife was in need of sharecroppers, they are not considered to have acted on behalf of the husband and do not forfeit their share.

אִיבַּעְיָא לְהוּ: בַּעַל שֶׁמָּכַר קַרְקַע לְפֵירוֹת, מַהוּ? מִי אָמְרִינַן מַאי דְּקָנֵי (לַהּ) אַקְנִי, אוֹ דִלְמָא: כִּי תַּקִּינוּ לֵיה רַבָּנַן פֵּירוֹת לְבַעַל —

A dilemma was raised before the Sages: With regard to a husband who sold his wife’s land for produce, i.e., rights to the produce were sold to one who agrees to work the land in exchange, what is the halakha? Do we say: That which belongs to the husband he has transferred to others, and therefore the sale of the produce is valid, or perhaps the principle is that when the Sages instituted that the produce goes to the husband,

מִשּׁוּם רְוַוח בֵּיתָא, אֲבָל לְזַבּוֹנֵי — לָא? יְהוּדָה מָר בַּר מָרִימָר מִשְּׁמֵיהּ דְּרָבָא אָמַר: מַה שֶּׁעָשָׂה, עָשׂוּי. רַב פָּפָּא אָמַר מִשְּׁמֵיהּ דְּרָבָא: לֹא עָשָׂה וְלֹא כְלוּם.

they did so for the gain of the house, as more food is available when he brings produce home, but in order for him to sell it they did not institute their decree? Two opinions were stated with regard to this issue: Yehuda Mar bar Mareimar said in the name of Rava: What he did is done, i.e., takes effect. Rav Pappa said in the name of Rava: He did not do anything.

אָמַר רַב פָּפָּא: הָא דִּיהוּדָה מָר בַּר מָרִימָר לָאו בְּפֵירוּשׁ אִתְּמַר, אֶלָּא מִכְּלָלָא אִתְּמַר. דְּהָהִיא אִיתְּתָא דְּעַיִּילָה לֵיהּ לְגַבְרַאּ תַּרְתֵּי אַמְהָתָא, אֲזַל גַּבְרָא נְסֵיב אִיתְּתָא אַחֲרִיתִי, עַיֵּיל לַהּ חֲדָא מִנַּיְיהוּ.

Rav Pappa said: This statement of Yehuda Mar bar Mareimar was not stated explicitly in Rava’s name. Rather, it was stated from an inference based on an incident that occurred in which a certain woman brought in for her husband two maidservants as part of her dowry. The man went and married another woman in addition to the first. He subsequently brought in to the second wife one of the maidservants to attend to her needs.

אֲתַאי לְקַמֵּיהּ דְּרָבָא, צְוַוחָה, לָא אַשְׁגַּח בַּהּ. מַאן דַּחֲזָא סָבַר מִשּׁוּם דְּסָבַר מַה שֶּׁעָשָׂה עָשׂוּי. וְלָא הִיא, מִשּׁוּם רְוַוח בֵּיתָא — וְהָא קָא רָוַוח.

The first wife came before Rava and cried about the injustice done to her, but Rava took no notice of her, claiming she had no right to complain. He who observed this incident thought that Rava ruled this way because he holds that what he did is done, i.e., takes effect, and a husband may sell his wife’s usufruct property and use its produce as he sees fit. But that is not so, as the Sages instituted the ordinance that a husband owns the rights to the produce of his wife’s property for the gain of the house, and here the house does gain from his action, as the maidservant also performs work for the house.

וְהִלְכְתָא: בַּעַל שֶׁמָּכַר קַרְקַע לְפֵירוֹת — לֹא עָשָׂה וְלֹא כְּלוּם. מַאי טַעְמָא? אַבָּיֵי אָמַר: חָיְישִׁינַן שֶׁמָּא תַּכְסִיף. רָבָא אָמַר: מִשּׁוּם רְוַוח בֵּיתָא.

The Gemara concludes: And the halakha is that a husband who sold land for produce did not do anything. The Gemara asks: What is the rationale for this ruling? Abaye said: We are concerned that perhaps the land itself will deteriorate over time, as the purchaser has acquired only its produce and has no incentive to take proper care of the land. Rava said: This is because there is no gain of the house here.

מַאי בֵּינַיְיהוּ? אִיכָּא בֵּינַיְיהוּ אַרְעָא דִּמְקָרְבָא לְמָתָא, אִי נָמֵי: בַּעַל אָרִיס הוּא. אִי נָמֵי, זוּזֵי וְקָא עָבֵיד בְּהוּ עִיסְקָא.

The Gemara asks: What is the practical difference between these two explanations? The Gemara explains: The practical difference between them is, e.g., land that is close to the town, as one can check at any time whether the land is being cared for properly. Alternatively, the difference involves a husband who is a sharecropper and works the land himself but sold the rights of the produce to someone else. As a sharecropper, the husband retains part of the produce and will also ensure that the land does not deteriorate. Alternatively, the difference concerns a husband who receives money for the produce and does business with it, which provides gain for the house.

מַתְנִי׳ שׁוֹמֶרֶת יָבָם שֶׁנָּפְלוּ לָהּ נְכָסִים — מוֹדִים בֵּית שַׁמַּאי וּבֵית הִלֵּל שֶׁמּוֹכֶרֶת וְנוֹתֶנֶת וְקַיָּים.

MISHNA: When a married man dies childless, his brother, the yavam, is obligated to perform levirate marriage or release the widow, the yevama, through a ceremony known as ḥalitza. With regard to a widow waiting for her yavam who had property bequeathed to her, Beit Shammai and Beit Hillel agree that she may sell or give this property away, and the transaction is valid.

מֵתָה, מָה יַעֲשׂוּ בִּכְתוּבָּתָהּ וּבִנְכָסִים הַנִּכְנָסִין וְהַיּוֹצְאִין עִמָּהּ? בֵּית שַׁמַּאי אוֹמְרִים: יַחְלְקוּ יוֹרְשֵׁי הַבַּעַל עִם יוֹרְשֵׁי הָאָב. וּבֵית הִלֵּל אוֹמְרִים: נְכָסִים בְּחֶזְקָתָן, וּכְתוּבָּה בְּחֶזְקַת יוֹרְשֵׁי הַבַּעַל. נְכָסִים הַנִּכְנָסִים וְהַיּוֹצְאִים עִמָּהּ — בְּחֶזְקַת יוֹרְשֵׁי הָאָב.

If this woman died, what should they do with her marriage contract and with the property that comes and goes with her, i.e., her usufruct property? Beit Shammai say: Since she was not yet remarried, the husband’s heirs, such as his brothers or father, divide the property with her father’s heirs. And Beit Hillel say: The property retains its previous ownership status, and therefore the marriage contract is in the possession of the husband’s heirs, as they are responsible for its payment. As for the property that comes and goes with her, it is in the possession of the heirs of the woman’s father, as it belongs to the woman.

הִנִּיחַ אָחִיו מָעוֹת — יִלָּקַח בָּהֶן קַרְקַע, וְהוּא אוֹכֵל פֵּירוֹת. פֵּירוֹת הַתְּלוּשִׁין מִן הַקַּרְקַע — יִלָּקַח בָּהֶן קַרְקַע, וְהוּא אוֹכֵל פֵּירוֹת.

If his deceased brother left money as part of his estate, land to be used as a lien on her marriage contract is acquired with it, and the yavam consumes the produce. Similarly, if the deceased brother left produce that is detached from the ground, land is acquired with it and the yavam consumes the produce.

הַמְחוּבָּרִין בַּקַּרְקַע, אָמַר רַבִּי מֵאִיר: שָׁמִין אוֹתָן כַּמָּה הֵן יָפִין בְּפֵירוֹת, וְכַמָּה הֵן יָפִין בְּלֹא פֵּירוֹת, וְהַמּוֹתָר — יִלָּקַח בָּהֶן קַרְקַע, וְהוּא אוֹכֵל פֵּירוֹת.

If he left behind produce that is attached to the ground, Rabbi Meir says: One evaluates the properties to determine how much they are worth with the produce, and how much they are worth without the produce. And as for the surplus, which is the value of the produce, land is acquired with it and the yavam consumes the produce.

וַחֲכָמִים אוֹמְרִים: פֵּירוֹת הַמְחוּבָּרִין בַּקַּרְקַע — שֶׁלּוֹ. הַתְּלוּשִׁין מִן הַקַּרְקַע — כׇּל הַקּוֹדֵם זָכָה בָּהֶן. קָדַם הוּא — זָכָה, קָדְמָה הִיא — יִלָּקַח בָּהֶן קַרְקַע וְהוּא אוֹכֵל פֵּירוֹת.

And the Rabbis say: Produce that is attached to the ground is his. Therefore, it is not used in the purchase of land, but the yavam may eat it. As for the produce that is detached from the ground, which is not mortgaged to her marriage contract, whoever takes possession first has acquired it. If the yavam takes possession of the property first, he has acquired it and may use it as he wishes, but if she is first, land is acquired with it and he consumes the produce.

כְּנָסָהּ, הֲרֵי הִיא כְּאִשְׁתּוֹ לְכׇל דָּבָר. בִּלְבַד שֶׁתְּהֵא כְּתוּבָּתָהּ עַל נִכְסֵי בַּעְלָהּ הָרִאשׁוֹן.

After the yavam has married her, her legal status is that of his wife in every sense, except that the responsibility for payment of her marriage contract is carried out through mortgaging the property of her first husband, not that of the yavam.

לֹא יֹאמַר לָהּ ״הֲרֵי כְּתוּבָּתִיךְ מוּנַּחַת עַל הַשֻּׁלְחָן״, אֶלָּא כׇּל נְכָסָיו אַחְרָאִין לִכְתוּבָּתָהּ. וְכֵן: לֹא יֹאמַר אָדָם לְאִשְׁתּוֹ ״הֲרֵי כְּתוּבָּתִיךְ מוּנַּחַת עַל הַשֻּׁלְחָן״, אֶלָּא כׇּל נְכָסָיו אַחְרָאִין לִכְתוּבָּתָהּ.

Therefore, the yavam may not say to her: Your marriage contract is placed on the table. He may not set aside a designated sum of money for this payment. Rather, all of the first husband’s property is mortgaged for her marriage contract as long as he has not divorced her. And similarly, in general a man may not say to his wife: Your marriage contract is placed on the table. Rather, all his property is mortgaged for her marriage contract.

גֵּירְשָׁהּ — אֵין לָהּ אֶלָּא כְּתוּבָּה. הֶחְזִירָה — הֲרֵי הִיא כְּכׇל הַנָּשִׁים, וְאֵין לָהּ אֶלָּא כְּתוּבָּה בִּלְבָד.

If the yavam divorced her after performing levirate marriage, she has only her marriage contract, as she does not retain any rights to the rest of her first husband’s property. If he subsequently remarried her, she is like all women, and she has nothing but her marriage contract. In this case, the property of her first husband is no longer pledged for the payment of her marriage contract.

גְּמָ׳ אִיבַּעְיָא לְהוּ: שׁוֹמֶרֶת יָבָם שֶׁמֵּתָה, מִי קוֹבְרָהּ? יוֹרְשֵׁי הַבַּעַל קָבְרִי לַהּ דְּקָא יָרְתִי כְּתוּבָּה, אוֹ דִלְמָא יוֹרְשֵׁי הָאָב קָבְרִי לַהּ, דְּקָא יָרְתִי נְכָסִים הַנִּכְנָסִין וְהַיּוֹצְאִין עִמָּהּ? אָמַר רַב עַמְרָם: תָּא שְׁמַע, דְּתַנְיָא: שׁוֹמֶרֶת יָבָם שֶׁמֵּתָה —

GEMARA: A dilemma was raised before the Sages: In the case of a widow awaiting her yavam who dies, who buries her? Who is obligated to bear the expenses of her burial? Must the husband’s heirs bury her, as they inherit the marriage contract, or perhaps her father’s heirs are obligated to bury her, as they inherit the property that comes and goes with her? Rav Amram said: Come and hear a solution. As it is taught in a baraita: In the case of a widow waiting for her yavam who dies,

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Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

Nancy Kolodny
Nancy Kolodny

Newton, United States

I decided to give daf yomi a try when I heard about the siyum hashas in 2020. Once the pandemic hit, the daily commitment gave my days some much-needed structure. There have been times when I’ve felt like quitting- especially when encountering very technical details in the text. But then I tell myself, “Look how much you’ve done. You can’t stop now!” So I keep going & my Koren bookshelf grows…

Miriam Eckstein-Koas
Miriam Eckstein-Koas

Huntington, United States

I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!

Silke Goldberg
Silke Goldberg

Guildford, United Kingdom

I started the daf at the beginning of this cycle in January 2020. My husband, my children, grandchildren and siblings have been very supportive. As someone who learned and taught Tanach and mefarshim for many years, it has been an amazing adventure to complete the six sedarim of Mishnah, and now to study Talmud on a daily basis along with Rabbanit Michelle and the wonderful women of Hadran.

Rookie Billet
Rookie Billet

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

After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.

Janine Rubens
Janine Rubens

Virginia, United States

After being so inspired by the siyum shas two years ago, I began tentatively learning daf yomi, like Rabbanut Michelle kept saying – taking one daf at a time. I’m still taking it one daf at a time, one masechet at a time, but I’m loving it and am still so inspired by Rabbanit Michelle and the Hadran community, and yes – I am proud to be finishing Seder Mo’ed.

Caroline Graham-Ofstein
Caroline Graham-Ofstein

Bet Shemesh, Israel

Margo
I started my Talmud journey in 7th grade at Akiba Jewish Day School in Chicago. I started my Daf Yomi journey after hearing Erica Brown speak at the Hadran Siyum about marking the passage of time through Daf Yomi.

Carolyn
I started my Talmud journey post-college in NY with a few classes. I started my Daf Yomi journey after the Hadran Siyum, which inspired both my son and myself.

Carolyn Hochstadter and Margo Kossoff Shizgal
Carolyn Hochstadter and Margo Kossoff Shizgal

Merion Station,  USA

Beit Shemesh, Israel

My first Talmud class experience was a weekly group in 1971 studying Taanit. In 2007 I resumed Talmud study with a weekly group I continue learning with. January 2020, I was inspired to try learning Daf Yomi. A friend introduced me to Daf Yomi for Women and Rabbanit Michelle Farber, I have kept with this program and look forward, G- willing, to complete the entire Shas with Hadran.
Lorri Lewis
Lorri Lewis

Palo Alto, CA, United States

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

My first Talmud class experience was a weekly group in 1971 studying Taanit. In 2007 I resumed Talmud study with a weekly group I continue learning with. January 2020, I was inspired to try learning Daf Yomi. A friend introduced me to Daf Yomi for Women and Rabbanit Michelle Farber, I have kept with this program and look forward, G- willing, to complete the entire Shas with Hadran.
Lorri Lewis
Lorri Lewis

Palo Alto, CA, United States

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 am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

Susan Handelman
Susan Handelman

Jerusalem, Israel

Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.

Lisa S. Malik
Lisa S. Malik

Wynnewood, United States

תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.

Vitti Kones
Vitti Kones

מיתר, ישראל

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

Catriella-Freedman-jpeg
Catriella Freedman

Zichron Yaakov, Israel

A beautiful world of Talmudic sages now fill my daily life with discussion and debate.
bringing alive our traditions and texts that has brought new meaning to my life.
I am a מגילת אסתר reader for women . the words in the Mishna of מסכת megillah 17a
הקורא את המגילה למפרע לא יצא were powerful to me.
I hope to have the zchut to complete the cycle for my 70th birthday.

Sheila Hauser
Sheila Hauser

Jerusalem, Israel

A friend mentioned that she was starting Daf Yomi in January 2020. I had heard of it and thought, why not? I decided to try it – go day by day and not think about the seven plus year commitment. Fast forward today, over two years in and I can’t imagine my life without Daf Yomi. It’s part of my morning ritual. If I have a busy day ahead of me I set my alarm to get up early to finish the day’s daf
Debbie Fitzerman
Debbie Fitzerman

Ontario, Canada

Ketubot 80

רַבִּי אַבָּא, אָמְרִי בֵּי רַב: אֲפִילּוּ שִׁיגְרָא דְתַמְרֵי. בָּעֵי רַב בִּיבִי: חוּבְצָא דְתַמְרֵי מַאי? תֵּיקוּ.

by Rabbi Abba that in the school of Rav they say: It is even a cluster of dates stuck together. Rav Beivai asks: If one ate dough made of dates, what is the halakha? Is this considered dignified consumption? The Gemara concludes: The question shall stand unresolved.

לָא אָכְלָה דֶּרֶךְ כָּבוֹד מַאי? אָמַר עוּלָּא: פְּלִיגִי בַּהּ תְּרֵי אָמוֹרָאֵי בְּמַעְרְבָא, חַד אָמַר: בִּכְאִיסָּר, וְחַד אָמַר: בִּכְדִינָר.

The Gemara asks: If he did not eat it in a dignified manner, what is the halakha? How much must he eat to be deemed a proper act of consumption? Ulla said: Two amora’im in the West, i.e., Eretz Yisrael, disagree about this matter. One said: He ate the amount of an issar, and one said: He ate the measure of a dinar.

אָמְרִי דַּיָּינֵי דְּפוּמְבְּדִיתָא: עֲבַד רַב יְהוּדָה עוֹבָדָא בַּחֲבִילֵי זְמוֹרוֹת. רַב יְהוּדָה לְטַעְמֵיהּ, דְּאָמַר רַב יְהוּדָה: אֲכָלָהּ עׇרְלָה, שְׁבִיעִית, וְכִלְאַיִם — הֲרֵי זוֹ חֲזָקָה.

The judges of Pumbedita say: Rav Yehuda took action in a case of a bundle of branches. A husband took them from his wife’s property and fed them to his animals, and Rav Yehuda ruled that this was treated as consumption of her property. The Gemara comments: Rav Yehuda conforms to his line of reasoning. As Rav Yehuda said: If one took possession of a plot of land and consumed some of the produce of its trees that was forbidden due to the prohibition against eating the fruit of a tree during the first three years after its planting [orla] or produce of the seventh year, or a forbidden mixture of diverse kinds, this is considered taking possession of the land, as he was allowed to benefit from the permitted branches.

אָמַר רַב יַעֲקֹב אָמַר רַב חִסְדָּא: הַמּוֹצִיא הוֹצָאוֹת עַל נִכְסֵי אִשְׁתּוֹ קְטַנָּה — כְּמוֹצִיא עַל נִכְסֵי אַחֵר דָּמֵי. מַאי טַעְמָא — עֲבַדוּ בַּהּ רַבָּנַן תַּקַּנְתָּא, כִּי הֵיכִי דְּלָא נִיפְסְדִינְהוּ.

§ Rav Yaakov said that Rav Ḥisda said: With regard to one who outlays expenditures for the property of his wife who is a minor girl and was married off by her mother or brothers, he is considered like one who outlays expenditures for the property of someone else. Therefore, if she performed refusal upon reaching maturity, thereby annulling the marriage, he takes the value of the improvement. What is the reason for this? The Sages enacted this ordinance in order that he should not let her property depreciate. If he is not guaranteed reimbursement for his expenses if she refuses him as her husband, he will not attend to the upkeep of her property, causing its value to decline.

הָהִיא אִיתְּתָא דִּנְפַלוּ לַהּ אַרְבַּע מְאָה זוּזֵי בֵּי חוֹזָאֵי, אֲזַל גַּבְרָא אַפֵּיק שֵׁית מְאָה אַיְיתַי אַרְבַּע מְאָה. בַּהֲדֵי דְּקָאָתֵי, אִיצְטְרִיךְ לֵיהּ חַד זוּזָא וּשְׁקַל מִנַּיְיהוּ. אֲתָא לְקַמֵּיהּ דְּרַבִּי אַמֵּי, אֲמַר לֵיהּ: מַה שֶּׁהוֹצִיא — הוֹצִיא, וּמַה שֶּׁאָכַל — אָכַל.

The Gemara relates: There was a certain woman who had four hundred dinars bequeathed to her in Bei Ḥozai, a remote location in Babylonia. The man, her husband, went and took with him six hundred of his own dinars for travel expenses and brought back with him four hundred. While he was coming back he required one dinar, which he took from the money he had collected. He came before Rabbi Ami for a ruling. Rabbi Ami said to him: That which he spent he has spent, and that which he ate he has eaten. He has benefited from one dinar of her money and spent six hundred of his own, and neither amount can be claimed.

אֲמַרוּ לֵיהּ רַבָּנַן לְרַבִּי אַמֵּי: הָנֵי מִילֵּי הֵיכָא דְּקָאָכֵיל פֵּירָא, הָא קַרְנָא קָאָכֵיל וְהוֹצָאָה הִיא. אִם כֵּן, הָוֵה לֵיהּ הוֹצִיא וְלֹא אָכַל, יִשָּׁבַע כַּמָּה הוֹצִיא, וְיִטּוֹל.

The Rabbis said to Rabbi Ami: This applies only where he consumes the produce of his wife’s property, but this one ate from the principal, and it is merely expenditures. He replied: If so, this is a case of one who pays expenditures and did not eat, and the halakha is that in such a case he takes an oath with regard to how much he paid and then takes that amount.

יִשָּׁבַע כַּמָּה הוֹצִיא וְיִטּוֹל. אָמַר רַבִּי אַסִּי: וְהוּא שֶׁיֵּשׁ שֶׁבַח כְּנֶגֶד הוֹצָאָה. לְמַאי הִלְכְתָא? אָמַר אַבָּיֵי: שֶׁאִם הָיָה שֶׁבַח יָתֵר עַל הוֹצָאָה — נוֹטֵל אֶת הַהוֹצָאָה בְּלֹא שְׁבוּעָה.

§ The mishna states: He takes an oath with regard to how much he spent and takes this sum. Rabbi Asi said: And this applies only if there is enhancement to the property corresponding to his expense. The Gemara asks: With regard to what halakha was this stated? Is this a stringency for the husband that if the value of enhancement is less he may not reclaim all his expenses, or is it a leniency that if the value is greater he need not take an oath? Abaye said: It means that if the value of enhancement was greater than the expense, he takes the expense without an oath.

אֲמַר לֵיהּ רָבָא: אִם כֵּן, אָתֵי לְאִיעָרוֹמֵי! אֶלָּא אָמַר רָבָא: שֶׁאִם הָיְתָה הוֹצָאָה יְתֵירָה עַל הַשֶּׁבַח — אֵין לוֹ אֶלָּא הוֹצָאָה שִׁיעוּר שֶׁבַח, וּבִשְׁבוּעָה.

Rava said to him: If so, he will come to deceive, as he can always say that he spent slightly less than the value of the enhancement and thereby receive this amount without having to take an oath. Rather, Rava said: It means that if the expense was greater than the enhancement, he has rights to reclaim the expense only up to the amount of the enhancement, but no more, and even this amount he can claim only by an oath.

אִיבַּעְיָא לְהוּ: בַּעַל שֶׁהוֹרִיד אֲרִיסִין תַּחְתָּיו, מַהוּ? אַדַּעְתָּא דְבַעַל נָחֵית. אִיסְתַּלַּיק לֵיהּ בַּעַל, אִיסְתַּלַּיקוּ לְהוּ. אוֹ דִלְמָא: אַדַּעְתָּא דְאַרְעָא נָחֵית, וְאַרְעָא כִּי קָיְימָא — לַאֲרִיסֵי קָיְימָא?

A dilemma was raised before the Sages: With regard to a husband who engaged sharecroppers to work his wife’s property in his stead, what is the halakha? Does a sharecropper begin work on the land with the intention to work for the husband, so that if the husband departs the property, e.g., if he divorces his wife, they too depart as sharecroppers and do not receive their share of the profits from the land? Or perhaps a sharecropper begins work with the intention to work the land, and the land, as it stands, stands to be worked by sharecroppers? Since their involvement is directly with the land, it makes no difference who hired them, and they would stay on the land.

מַתְקֵיף לַהּ רָבָא בַּר רַב חָנָן: מַאי שְׁנָא מֵהַיּוֹרֵד לְתוֹךְ שְׂדֵה חֲבֵירוֹ וּנְטָעָהּ שֶׁלֹּא בִּרְשׁוּת, שָׁמִין לוֹ, וְיָדוֹ עַל הַתַּחְתּוֹנָה?

Rava bar Rav Ḥanan objects to this line of inquiry: In what way is this case different from that of one who entered the field of another and planted it without permission? In such a situation one evaluates his expenses for him and the value of his enhancement of the field, and he is at a disadvantage. Therefore, he always receives the smaller sum, whether it is equal to his expenses or the enhancement of the property. In this case too, even if the sharecroppers are viewed as unauthorized occupiers of the land, why shouldn’t they be treated like one who entered another’s field without permission and receive at least the smaller sum?

הָתָם לֵיכָּא אִינִישׁ דְּטָרַח, הָכָא אִיכָּא בַּעַל דְּטָרַח.

The Gemara answers: The two cases are not comparable: There, when one enters another’s land, there is no one else that will exert himself for it, and therefore it is reasonable that the one who invested in this property should at least be compensated for the lesser value. However, here, there is a husband who exerts himself for the land. Since the sharecroppers act in his stead, they are entitled to remain on the land only as long as he is present.

מַאי הָוֵי עֲלַהּ? אָמַר רַב הוּנָא בְּרֵיהּ דְּרַב יְהוֹשֻׁעַ: חָזֵינַן אִי בַּעַל אָרִיס הוּא — אִיסְתַּלַּק לֵיהּ בַּעַל, אִסְתַּלַּקוּ לְהוּ. אִי בַּעַל לָאו אָרִיס הוּא, אַרְעָא לַאֲרִיסֵי קָיְימָא.

The Gemara asks: What conclusion was reached about it, i.e., the original question? Rav Huna, son of Rav Yehoshua, said: We examine the matter: If this husband is a sharecropper himself and possesses sufficient knowledge of working the land to perform the task himself, then when the husband departs from the property they too depart, as they are taking his place. If the husband is not a sharecropper, the land is ready for sharecroppers, as the husband would not have performed the work himself. Since the wife was in need of sharecroppers, they are not considered to have acted on behalf of the husband and do not forfeit their share.

אִיבַּעְיָא לְהוּ: בַּעַל שֶׁמָּכַר קַרְקַע לְפֵירוֹת, מַהוּ? מִי אָמְרִינַן מַאי דְּקָנֵי (לַהּ) אַקְנִי, אוֹ דִלְמָא: כִּי תַּקִּינוּ לֵיה רַבָּנַן פֵּירוֹת לְבַעַל —

A dilemma was raised before the Sages: With regard to a husband who sold his wife’s land for produce, i.e., rights to the produce were sold to one who agrees to work the land in exchange, what is the halakha? Do we say: That which belongs to the husband he has transferred to others, and therefore the sale of the produce is valid, or perhaps the principle is that when the Sages instituted that the produce goes to the husband,

מִשּׁוּם רְוַוח בֵּיתָא, אֲבָל לְזַבּוֹנֵי — לָא? יְהוּדָה מָר בַּר מָרִימָר מִשְּׁמֵיהּ דְּרָבָא אָמַר: מַה שֶּׁעָשָׂה, עָשׂוּי. רַב פָּפָּא אָמַר מִשְּׁמֵיהּ דְּרָבָא: לֹא עָשָׂה וְלֹא כְלוּם.

they did so for the gain of the house, as more food is available when he brings produce home, but in order for him to sell it they did not institute their decree? Two opinions were stated with regard to this issue: Yehuda Mar bar Mareimar said in the name of Rava: What he did is done, i.e., takes effect. Rav Pappa said in the name of Rava: He did not do anything.

אָמַר רַב פָּפָּא: הָא דִּיהוּדָה מָר בַּר מָרִימָר לָאו בְּפֵירוּשׁ אִתְּמַר, אֶלָּא מִכְּלָלָא אִתְּמַר. דְּהָהִיא אִיתְּתָא דְּעַיִּילָה לֵיהּ לְגַבְרַאּ תַּרְתֵּי אַמְהָתָא, אֲזַל גַּבְרָא נְסֵיב אִיתְּתָא אַחֲרִיתִי, עַיֵּיל לַהּ חֲדָא מִנַּיְיהוּ.

Rav Pappa said: This statement of Yehuda Mar bar Mareimar was not stated explicitly in Rava’s name. Rather, it was stated from an inference based on an incident that occurred in which a certain woman brought in for her husband two maidservants as part of her dowry. The man went and married another woman in addition to the first. He subsequently brought in to the second wife one of the maidservants to attend to her needs.

אֲתַאי לְקַמֵּיהּ דְּרָבָא, צְוַוחָה, לָא אַשְׁגַּח בַּהּ. מַאן דַּחֲזָא סָבַר מִשּׁוּם דְּסָבַר מַה שֶּׁעָשָׂה עָשׂוּי. וְלָא הִיא, מִשּׁוּם רְוַוח בֵּיתָא — וְהָא קָא רָוַוח.

The first wife came before Rava and cried about the injustice done to her, but Rava took no notice of her, claiming she had no right to complain. He who observed this incident thought that Rava ruled this way because he holds that what he did is done, i.e., takes effect, and a husband may sell his wife’s usufruct property and use its produce as he sees fit. But that is not so, as the Sages instituted the ordinance that a husband owns the rights to the produce of his wife’s property for the gain of the house, and here the house does gain from his action, as the maidservant also performs work for the house.

וְהִלְכְתָא: בַּעַל שֶׁמָּכַר קַרְקַע לְפֵירוֹת — לֹא עָשָׂה וְלֹא כְּלוּם. מַאי טַעְמָא? אַבָּיֵי אָמַר: חָיְישִׁינַן שֶׁמָּא תַּכְסִיף. רָבָא אָמַר: מִשּׁוּם רְוַוח בֵּיתָא.

The Gemara concludes: And the halakha is that a husband who sold land for produce did not do anything. The Gemara asks: What is the rationale for this ruling? Abaye said: We are concerned that perhaps the land itself will deteriorate over time, as the purchaser has acquired only its produce and has no incentive to take proper care of the land. Rava said: This is because there is no gain of the house here.

מַאי בֵּינַיְיהוּ? אִיכָּא בֵּינַיְיהוּ אַרְעָא דִּמְקָרְבָא לְמָתָא, אִי נָמֵי: בַּעַל אָרִיס הוּא. אִי נָמֵי, זוּזֵי וְקָא עָבֵיד בְּהוּ עִיסְקָא.

The Gemara asks: What is the practical difference between these two explanations? The Gemara explains: The practical difference between them is, e.g., land that is close to the town, as one can check at any time whether the land is being cared for properly. Alternatively, the difference involves a husband who is a sharecropper and works the land himself but sold the rights of the produce to someone else. As a sharecropper, the husband retains part of the produce and will also ensure that the land does not deteriorate. Alternatively, the difference concerns a husband who receives money for the produce and does business with it, which provides gain for the house.

מַתְנִי׳ שׁוֹמֶרֶת יָבָם שֶׁנָּפְלוּ לָהּ נְכָסִים — מוֹדִים בֵּית שַׁמַּאי וּבֵית הִלֵּל שֶׁמּוֹכֶרֶת וְנוֹתֶנֶת וְקַיָּים.

MISHNA: When a married man dies childless, his brother, the yavam, is obligated to perform levirate marriage or release the widow, the yevama, through a ceremony known as ḥalitza. With regard to a widow waiting for her yavam who had property bequeathed to her, Beit Shammai and Beit Hillel agree that she may sell or give this property away, and the transaction is valid.

מֵתָה, מָה יַעֲשׂוּ בִּכְתוּבָּתָהּ וּבִנְכָסִים הַנִּכְנָסִין וְהַיּוֹצְאִין עִמָּהּ? בֵּית שַׁמַּאי אוֹמְרִים: יַחְלְקוּ יוֹרְשֵׁי הַבַּעַל עִם יוֹרְשֵׁי הָאָב. וּבֵית הִלֵּל אוֹמְרִים: נְכָסִים בְּחֶזְקָתָן, וּכְתוּבָּה בְּחֶזְקַת יוֹרְשֵׁי הַבַּעַל. נְכָסִים הַנִּכְנָסִים וְהַיּוֹצְאִים עִמָּהּ — בְּחֶזְקַת יוֹרְשֵׁי הָאָב.

If this woman died, what should they do with her marriage contract and with the property that comes and goes with her, i.e., her usufruct property? Beit Shammai say: Since she was not yet remarried, the husband’s heirs, such as his brothers or father, divide the property with her father’s heirs. And Beit Hillel say: The property retains its previous ownership status, and therefore the marriage contract is in the possession of the husband’s heirs, as they are responsible for its payment. As for the property that comes and goes with her, it is in the possession of the heirs of the woman’s father, as it belongs to the woman.

הִנִּיחַ אָחִיו מָעוֹת — יִלָּקַח בָּהֶן קַרְקַע, וְהוּא אוֹכֵל פֵּירוֹת. פֵּירוֹת הַתְּלוּשִׁין מִן הַקַּרְקַע — יִלָּקַח בָּהֶן קַרְקַע, וְהוּא אוֹכֵל פֵּירוֹת.

If his deceased brother left money as part of his estate, land to be used as a lien on her marriage contract is acquired with it, and the yavam consumes the produce. Similarly, if the deceased brother left produce that is detached from the ground, land is acquired with it and the yavam consumes the produce.

הַמְחוּבָּרִין בַּקַּרְקַע, אָמַר רַבִּי מֵאִיר: שָׁמִין אוֹתָן כַּמָּה הֵן יָפִין בְּפֵירוֹת, וְכַמָּה הֵן יָפִין בְּלֹא פֵּירוֹת, וְהַמּוֹתָר — יִלָּקַח בָּהֶן קַרְקַע, וְהוּא אוֹכֵל פֵּירוֹת.

If he left behind produce that is attached to the ground, Rabbi Meir says: One evaluates the properties to determine how much they are worth with the produce, and how much they are worth without the produce. And as for the surplus, which is the value of the produce, land is acquired with it and the yavam consumes the produce.

וַחֲכָמִים אוֹמְרִים: פֵּירוֹת הַמְחוּבָּרִין בַּקַּרְקַע — שֶׁלּוֹ. הַתְּלוּשִׁין מִן הַקַּרְקַע — כׇּל הַקּוֹדֵם זָכָה בָּהֶן. קָדַם הוּא — זָכָה, קָדְמָה הִיא — יִלָּקַח בָּהֶן קַרְקַע וְהוּא אוֹכֵל פֵּירוֹת.

And the Rabbis say: Produce that is attached to the ground is his. Therefore, it is not used in the purchase of land, but the yavam may eat it. As for the produce that is detached from the ground, which is not mortgaged to her marriage contract, whoever takes possession first has acquired it. If the yavam takes possession of the property first, he has acquired it and may use it as he wishes, but if she is first, land is acquired with it and he consumes the produce.

כְּנָסָהּ, הֲרֵי הִיא כְּאִשְׁתּוֹ לְכׇל דָּבָר. בִּלְבַד שֶׁתְּהֵא כְּתוּבָּתָהּ עַל נִכְסֵי בַּעְלָהּ הָרִאשׁוֹן.

After the yavam has married her, her legal status is that of his wife in every sense, except that the responsibility for payment of her marriage contract is carried out through mortgaging the property of her first husband, not that of the yavam.

לֹא יֹאמַר לָהּ ״הֲרֵי כְּתוּבָּתִיךְ מוּנַּחַת עַל הַשֻּׁלְחָן״, אֶלָּא כׇּל נְכָסָיו אַחְרָאִין לִכְתוּבָּתָהּ. וְכֵן: לֹא יֹאמַר אָדָם לְאִשְׁתּוֹ ״הֲרֵי כְּתוּבָּתִיךְ מוּנַּחַת עַל הַשֻּׁלְחָן״, אֶלָּא כׇּל נְכָסָיו אַחְרָאִין לִכְתוּבָּתָהּ.

Therefore, the yavam may not say to her: Your marriage contract is placed on the table. He may not set aside a designated sum of money for this payment. Rather, all of the first husband’s property is mortgaged for her marriage contract as long as he has not divorced her. And similarly, in general a man may not say to his wife: Your marriage contract is placed on the table. Rather, all his property is mortgaged for her marriage contract.

גֵּירְשָׁהּ — אֵין לָהּ אֶלָּא כְּתוּבָּה. הֶחְזִירָה — הֲרֵי הִיא כְּכׇל הַנָּשִׁים, וְאֵין לָהּ אֶלָּא כְּתוּבָּה בִּלְבָד.

If the yavam divorced her after performing levirate marriage, she has only her marriage contract, as she does not retain any rights to the rest of her first husband’s property. If he subsequently remarried her, she is like all women, and she has nothing but her marriage contract. In this case, the property of her first husband is no longer pledged for the payment of her marriage contract.

גְּמָ׳ אִיבַּעְיָא לְהוּ: שׁוֹמֶרֶת יָבָם שֶׁמֵּתָה, מִי קוֹבְרָהּ? יוֹרְשֵׁי הַבַּעַל קָבְרִי לַהּ דְּקָא יָרְתִי כְּתוּבָּה, אוֹ דִלְמָא יוֹרְשֵׁי הָאָב קָבְרִי לַהּ, דְּקָא יָרְתִי נְכָסִים הַנִּכְנָסִין וְהַיּוֹצְאִין עִמָּהּ? אָמַר רַב עַמְרָם: תָּא שְׁמַע, דְּתַנְיָא: שׁוֹמֶרֶת יָבָם שֶׁמֵּתָה —

GEMARA: A dilemma was raised before the Sages: In the case of a widow awaiting her yavam who dies, who buries her? Who is obligated to bear the expenses of her burial? Must the husband’s heirs bury her, as they inherit the marriage contract, or perhaps her father’s heirs are obligated to bury her, as they inherit the property that comes and goes with her? Rav Amram said: Come and hear a solution. As it is taught in a baraita: In the case of a widow waiting for her yavam who dies,

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