POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kesuvos 95
1) A VAGUE DATE
(a) Rav Yosef: Buyers can dispel you, saying, perhaps your
document is from Nisan 1, and you deserve the property
given to your opponent!
2) ONE THAT PARDONED THEIR LIEN
1. The solution is that the one that received the land
should give power of attorney to the other man to
collect from buyers.
(a) (Mishnah): A man was married to 2 women and sold his
field. His 1st wife wrote to the buyer, 'I have no claim
against you'. The 2nd wife may collect the field from the
buyer, the 1st wife from the 2nd, and the buyer from the
1st wife; this cycle continues indefinitely, until they
reach a compromise;
3) WHEN A LIEN IS LIFTED FROM PROPERTY
(b) The same applies to a creditor; the same applies to a
woman that is a creditor.
(c) (Gemara) Question: When she writes ('I have no claim...')
- this should not take effect!
1. (Beraisa): One who says to his friend, 'I have no
claim on this field, I have no business in it, my
hand is withdrawn from it' - these words are void.
(d) Answer: The case is, Chalipin was done to make her words
(e) Question: Does this help? She can say, I only did this to
placate my husband!
1. (Mishnah): Reuven sold a field which was designated
to pay his wife's Kesuvah, or which was part of her
dowry. The buyer also bought the field from Reuven's
wife - the sale is void.
(f) Answer #1 (R. Zeira): This Mishnah is as R. Yehudah; our
Mishnah is as R. Meir.
i. We see, she can say, I only sold it to placate
1. (Beraisa - R. Meir): If a man sold a field, and his
wife did not sign it; he sold a 2nd field, and she
signed it - she lost (rights to collect) her Kesuvah
(from these fields); R. Yehudah says, she can say, I
only did this to placate my husband.
(g) Answer #2 (Rav Papa): Our Mishnah deals with a divorcee -
all Tana'im agree to it.
2. Question: Did Rebbi codify the Mishnah, here as R.
Meir, and there as R. Yehudah?
(h) Answer #3 (Rav Ashi): Our Mishnah is as R. Meir.
1. R. Meir only said that she cannot say she only acted
to placate her husband when he made 2 sales, and she
only agreed to the 2nd.
i. If she acted to placate the husband - she
should have agreed to the 1st, also!
2. When there was only 1 sale, R. Meir admits that she
can say, it was only to placate her husband.
3. In our Mishnah, the husband previously sold to
another, and she did not agree.
(a) (Mishnah): One may not collect from sold land when unsold
property is available, even if it is lowest quality land.
(b) Question: If the unsold land was flooded, may the
creditor collect from sold land?
(c) Answer (Beraisa - R. Meir): If a man sold a field, and
his wife did not sign it; he sold a 2nd field, and she
signed it - she lost her Kesuvah.
1. If when unsold land is flooded, the creditor may
collect from sold land - granted, she cannot collect
her Kesuvah from the 2nd buyer, but she should
collect from the 1st buyer!
(d) Answer (Rav Nachman Bar Yitzchak): When the Beraisa says,
she lost her Kesuvah - it means, the right to collect it
from the 2nd buyer, but she can collect from the 1st
(e) Objection #1 (Rava): 'She lost her Kesuvah' connotes, she
lost it entirely.
(f) Objection #2 (Rava - Beraisa): A man borrowed from one
man, and sold property to 2 men. The creditor wrote to
the 2nd buyer, I have no claim against you. He cannot
collect from the 1st buyer, for the 1st buyer can tell
him, I left you place to collect from!
(g) Counter-Objection: That case is different - the creditor
caused himself to lose by pardoning his lien.
(h) Question (Rav Yemar): But in everyday practice, creditors
collect when the unsold field is flooded!
4) A GIFT WITH A CLAUSE
1. A man received a vineyard for 10 years (the produce
of the field was to pay off what he was owed). After
5 years, it stopped yielding fruits. Chachamim ruled
that he may take property that the borrower had
(i) Answer (Rav Ashi): The buyers caused their own loss -
they should have realized that a vineyard often stops
yielding fruit, they should not have bought the other
(j) The law is, if the unsold field is flooded, the creditor
may take sold land.
(a) (Abaye): A man tells a single woman, 'I give my property
to you; after you, Ploni should get it', and she got
married. The husband is as a buyer, and when she dies,
the husband gets the property, not Ploni.
***** PEREK ALMANAH NIZONIS *****
1. This is as R. Shimon Ben Gamliel.
(b) Question: Did Abaye really say this?
2. (Beraisa - Rebbi): 'I give my property to you
(Reuven); after you, Ploni should get it', and
Reuven sold the property - after Reuven dies, Ploni
takes the property from the buyer;
3. R. Shimon Ben Gamliel says, Ploni only gets what
Reuven leaves over.
1. (Abaye): A cunning evil person is one who counsels a
person to sell as (in the above case of) R. Shimon
(c) Answer: Abaye did not say she should get married - he
said, if she married, the husband keeps the property.
(d) (Abaye): A man tells a woman, 'I give my property to you;
after you, Ploni should get it'. She sold the property
and died. Her husband takes the property from the buyer;
Ploni takes the property from her husband; the buyer
takes the property from Ploni, and it stays by him.
(e) Question: Why is this different than the Mishnah, in
which we learned, the cycle continues indefinitely, until
they reach a compromise?
(f) Answer: There, all 3 parties incurred a loss; here, only
the buyer loses.
(g) Question (Rafram): Did Abaye really say this? But Abaye
said, 'I give my property to you; after you, Ploni should
get it', and she got married. The husband is as a buyer,
and when she dies, the husband gets the property, not
(h) Answer (Rav Ashi): There, he said this to her when she
was single; in Abaye's 2nd teaching, he gave her the gift
when she was already married.
1. By saying, Ploni should get the property after you -
he means, Ploni and not your husband.
(i) (Mishnah): And similarly, a creditor.
(j) (Beraisa): Similarly, a creditor and 2 buyers; similarly,
a woman that is a creditor (she is owed a Kesuvah) and 2
5) THE EARNINGS OF A WIDOW
(a) (Mishnah): A widow is fed from the property of the
orphans; they receive her earnings. They are not
obligated to bury her - her heirs, which inherit her
Kesuvah must bury her.
(b) (Gemara) Question: Is the text 'A widow is fed', or 'A
widow that is fed'?
1. 'A widow is fed' is as in Galil, where the orphans
must feed her;
2. 'A widow that is fed' is as in Yehudah, where the
orphans need not feed her (they can pay her Kesuvah
and exempt themselves from feeding her).