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1) A KESUVAH WRITTEN FOR A PRIOR MARRIAGE

1. This is because a man that remarries his ex-wife does so on condition that she will only receive her original Kesuvah.

(b) (Mishnah): A man married his son, who was a minor, to a woman. If he remains with her in adulthood, he consents that the Kesuvah written when he was a minor should be valid;
(c) A Nochri that converted with his wife - he remains with her on condition that her Kesuvah should be valid.
(d) (Gemara - Rav Huna): Only 100 or 200 (the basic Kesuvah) is valid, but any addition he had written is invalid.
(e) (Rav Yehudah): She is entitled even to the addition.
(f) Question (Beraisa): If he added to her Kesuvah, she receives the addition.

1. Apparently, if he did not add, she would not receive any addition!

(g) Answer: It means, she also receives the new addition.
(h) Objection: The end of the Beraisa shows that this is not so!
(i) (Beraisa): If he added to her Kesuvah, she receives the addition; if he did not add, she only receives 100 or 200.

1. This refutes Rav Yehudah.
2. The Mishnah caused Rav Yehudah to err - he understood, 'Her Kesuvah is valid' means the entire Kesuvah.

i. In truth, it only refers to the basic Kesuvah.

2) WHICH WIFE COLLECTS HER KESUVAH FIRST?

(a) (Mishnah): A man had 2 wives, and he died. His 1st wife collects before the 2nd, and her heirs collect before the heirs of the 2nd;
(b) If he married a woman and she died, he married a 2nd woman and he died, the 2nd woman and her heirs collect before the heirs of the 1st wife.
(c) (Gemara) Version #1: The Mishnah says, the 1st wife collects before - it did not say, the 1st collects, the 2nd does not - this implies, if the 2nd wife seized property, she keeps it!

1. We may deduce, if a man owed money to 2 creditors, and the latter collected his debt before the former, the collection stands.

(d) Rejection: No -we can say, the collection does not stand!

1. The Mishnah says that the 1st collects before the 2nd - even B'diavad!

i. (Mishnah): A son inherits before a daughter (clearly, even if she seized property, it reverts to the son).

(e) Version #2: The Mishnah does not say, if the 2nd wife seized property, she keeps it - this implies, if she seized property, she does not keep it!

1. We may deduce, if a man owed money to 2 creditors, and the latter collected his debt before the former, the collection is invalid.

(f) Rejection: No - we can say, the collection stands!

1. Since the end of the Mishnah says, the 2nd wife and her heirs come before the heirs of the 1st wife, the beginning of the Mishnah said, the 1st wife comes before the 2nd.

(g) (Mishnah): If he married the 1st ...
(h) We learn 3 things from the Mishnah:

1. Kesuvas Benin Dichrin (an enactment that male sons inherits their mother's Kesuvah) applies even when 1 wife dies in the life of her husband, and the other after his death, and we are not concerned that this will lead to quarrels.

i. We deduce this from the language of the Mishnah - the 2nd wife and her heirs come before the heirs of the 1st wife - implying, if there is enough property, the heirs of the 1st wife also receive.

2. We learn that collection of a Kesuvah from the estate is considered as having an extra Dinar above the Kesuvos, and the enactment applies.

i. We learn this from the fact that the Mishnah does not say that there must be an extra Dinar.

3. We learn that Kesuvas Benin Dichrin is not collected from land with a lien on it.

i. If it would be, the heirs of the 1st wife would collect from the heirs of the 2nd.

(i) Objection (Rav Ashi): The Mishnah is no proof!

1. We could say that Kesuvas Benin Dichrin does not apply when 1 wife dies in the life of her husband, and the other after his death - rather, the Mishnah says that the heirs of the 2nd wife inherit before heirs of the 1st wife.

i. Question: If so, the 1st wife's sons do not inherit through her - why are they called her heirs?
ii. Answer: They are called heirs to make the language consistent with the end of the Mishnah (which speaks of heirs of the 2nd wife).

2. We can say that a Kesuvah is not considered as an extra Dinar - the case is, there is an extra Dinar in the estate!

(a) Suggestion: Tana'im argue whether Kesuvas Benin Dichrin applies when 1 wife dies in the life of her husband, and the other after his death.

1. (Beraisa - Ben Nanas): 1 wife died in the life of her husband, and the other after his death - sons of the 1st wife can tell sons of the 2nd, you are children of a creditor - take your mother's Kesuvah, and leave (we receive the rest through Kesuvas Benin Dichrin);
2. R. Akiva says, the inheritance has already jumped from the 1st wife's sons to the 2nd wife's sons.

i. It seems, Ben Nanas says that Kesuvas Benin Dichrin applies when 1 wife dies in the life of her husband, and the other after his death; R. Akiva says, it does not.

(b) Rejection #1 (Chachamim in the Beis Medrash): No, all agree that it does apply - they argue whether a Kesuvah is not considered as an extra Dinar; the argument also applies if payment of a debt from the estate is considered as an extra Dinar.

1. Ben Nanas says that payment of a Kesuvah or debt is considered as an extra Dinar, R. Akiva says that it is not.

(c) Rejection #2 (Rabah): No, all agree that payment of a debt from the estate is considered as an extra Dinar. They only argue whether a Kesuvah is not considered as an extra Dinar.

1. Objection (Rav Yosef): If so, why does R. Akiva say, the inheritance has already jumped from the 1st wife's sons to the 2nd wife's sons - he should say, this only applies if there is an extra Dinar!

(d) (Rav Yosef): They do argue whether Kesuvas Benin Dichrin applies when 1 wife dies in the life of her husband, and the other after his death, as originally suggested.

1. Suggestion: The following Tana'im also argue on this.
2. (Beraisa): If he married a woman and she died, he married a 2nd woman and he died, this one's children collect their mother's Kesuvah;
3. R. Shimon says, if there is an extra Dinar, each (set of heirs) collects their mother's Kesuvah; if not, they divide the estate equally.

i. It seems, R. Shimon says that Kesuvas Benin Dichrin applies when 1 wife dies in the life of her husband, and the other after his death; the 1st Tana says that it does not.

(e) Rejection #1: No, all agree that the enactment applies in this case.