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1) A WIDOW THAT SOLD PART OF HER KESUVAH

(a) "With her signs of virginity" - she must be a virgin, regarding both the place of normal and abnormal relations.
(b) A woman seized a silver cup towards payment of her Kesuvah, and demanded food.

1. (Rava): The orphans must feed her - no one rules as R. Shimon, who says that being owed part of the Kesuvah is not as being owed the entire Kesuvah.

(c) Question (Rabah Brei d'Rava): A widow that sells outside of Beis Din - must she swear?
(d) Response (Rav Yosef): Why don't you ask if she must announce for a month that the property is being sold, before she may sell?
(e) Answer (Rabah Brei d'Rava): I know that she need not announce before selling.

1. (R. Zeira): A widow that evaluated property and took it herself towards payment of her Kesuvah - it is not hers.

i. Suggestion: If she announced that the property is for sale - why can't she keep it?
ii. Rather, she did not announce - and only if she took the property herself, it is void - had she sold it to others, the sale would stand!

(f) Rejection: Really, she did announce - but she may not keep the property, since Beis Din did not empower her to take it.

1. This is as the case of a man that was watching fodder (or wood) of orphans. He evaluated that it is worth 400 Zuz, and took it for himself. It rose in value to 600 Zuz.
2. R. Ami: Who empowered you to take it? (I.e. it is not yours).

(g) The law is, she must swear; she need not announce that the property is for sale.

(a) (Mishnah): A widow's Kesuvah was 200 Dinars. She sold property of the orphans which was worth 100 for 200; or, property worth 200 for 100. In either case, she has received her full Kesuvah;
(b) If her Kesuvah was 100, and she sold property worth 101 for 100, the sale is void, even if she says she will return the extra Dinar; R. Shimon Ben Gamliel says, the sale stands unless the extra land sold is a field fitting to sow 9 Kabim of seed, or a garden fitting to sow 1/2 Kab; according to R. Akiva, 1/4 Kab;
(c) If her Kesuvah was 400, and she sold 100, and another 100, and the last sale was worth 101 and she sold it for 100 - the last sale is void, the other sales stand.
(d) (Gemara) Question: When she sells land worth 200 for 100, the orphans tell her, you lost 100 - when she sells land worth 100 for 200, why can't she say, I profited?
(e) Answer (Rav Nachman): In our Mishnah, Rebbi taught us that the owner of the property receives the profits.

1. (Beraisa - R. Yehudah): A messenger bought something, and the seller gave one extra - the messenger keeps it; R. Yosi says, he shares it with the one he bought for.

(f) Contradiction (Beraisa - R. Yosi): The one who sent him keeps the extra one.
(g) Answer (Rami Bar Chama): If the sold item has a fixed price, they share it; if the price is variable, the one who sent him keeps it.

1. (Rav Papa): The law is, if the sold item has a fixed price, they share it; if the price is variable, the one who sent him keeps it.

(h) Question: What does Rav Papa teach (that Rami Bar Chama did not teach)?
(i) Answer: He teaches that Rami Bar Chama's answer is correct.

(a) Version #1 - Question: Reuven told an agent to sell for him (land fitting to sow) a Lesech; the agent sold twice this amount - what is the law?

1. Do we say, he fulfilled his mission and added to it, and the sale of 1 Lesech stands?
2. Or, do we say, he changed from his mission, and the sale is totally void?

(b) Answer #1 (R. Yakov - Mishnah): A man told his servant, give 1 piece of meat to each guest; the servant told the guests to take 2 each; the guests took 3 each (and the meat was found to be Hekdesh) - all transgressed Me'ilah.

1. This fits well if we say that the agent fulfilled his mission and added to it - since the master's command was fulfilled, he transgressed Me'ilah.
2. Question: If we say that he changed his mission - why does the master transgress?

i. (Mishnah): If the messenger fulfilled his mission, the sender transgresses Meilah; if he did not do as commanded, the messenger transgresses.

3. Answer: The case is, the servant said, take 1 as my master said, and a 2nd on my authorization, and they took 3.

(c) Answer #2 (Mishnah): If her Kesuvah was 100, and she sold property worth 101 for 100, the sale is void.

1. Suggestion: The case is, she sold property worth 101 for 101.

i. When the Mishnah says, for 100, it means, for the 100 she was entitled to; the continuation - 'Even if she says she will return the extra Dinar' means, she offers to buy back the extra land sold and return it - and the law is, the sale is void.

2. Rejection (Rav Huna Brei d'Rav Nasan): No, the case is, she sold the land for less than its value (i.e. for 100).