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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!

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;
(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 (Beraisa): One who says to his friend, 'I have no claim on this field, I have no business in it, my hand is withdrawn from it' - these words are void.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 take effect.
(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.

i. We see, she can say, I only sold it to placate my husband!

(f) Answer #1 (R. Zeira): This Mishnah is as R. Yehudah; our Mishnah is as R. Meir.

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.
2. Question: Did Rebbi codify the Mishnah, here as R. Meir, and there as R. Yehudah?

(g) Answer #2 (Rav Papa): Our Mishnah deals with a divorcee - all Tana'im agree to it.
(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 buyer!
(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!

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 sold.

(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 property.
(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.

1. This is as R. Shimon Ben Gamliel.
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.

(b) Question: Did Abaye really say this?

1. (Abaye): A cunning evil person is one who counsels a person to sell as (in the above case of) R. Shimon Ben Gamliel.

(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 Ploni.
(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 buyers.

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).