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 100
1) A MISTAKE OF BEIS DIN
(a) Answer #1 (Rava): His law is as Beis Din (if he errs less
than 1/6, the sale stands).
(b) Answer #2 (Rav Shmuel Bar Bisna): His law is as a widow
(any error invalidates the sale).
1. Rava said that he is as Beis Din, because he is not
selling for himself, similar to Beis Din - but a
widow sells for herself.
(c) Question: Why is this different than the following
2. Rav Shmuel Bar Bisna said that he is as a widow,
since he is also an individual - but Beis Din are
i. The law is, an agent is as a widow.
1. (Mishnah): One tells a messenger, take Terumah - he
should take as the owner wants. If he does not know,
he should take as an average person, 1/50, If he
took 1/40 or 1/60, the separation is valid.
(d) Answer: Some people take Terumah generously (1/40), some
stingily (1/60), so the messenger can say, I estimated,
this is what you wanted to give; by the sale of property,
it is a pure error - the owner can say, you should not
(e) (Rav Nachman): The law is as Chachamim.
(f) Question: Is Rav Nachman really not concerned for the
clout of Beis Din?
1. (Rav Nachman citing Shmuel): Orphans that come to
divide their father's property - Beis Din appoints
an overseer for them, and they select a nice portion
for them; when the orphans grow up, they can demand
a new division;
(g) Answer: Rav Nachman is only concerned for the clout of
Beis Din when they did not err.
2. (Rav Nachman himself): They cannot demand a new
division - if they could, Beis Din has no clout!
(h) Question: If they did not err - why should the orphans be
able to demand a new division?
(i) Answer: The orphan received a portion of the property
which is unfavorably located for him.
(j) Version #1 (Rav Dimi): There was a case, and Rebbi ruled
1. R. Parta: If so, Beis Din has no clout!
(k) Version #2 (Rav Safra): There was a case, and Rebbi was
about to rule as Chachamim.
2. Rebbi reversed his ruling.
1. R. Parta: If so, Beis Din has no clout!
(l) Suggestion: Rav Dimi holds, one who makes a clear error
in judgment, the ruling is retracted; Rav Safra holds,
one who makes a clear error in judgment, the ruling is
2. Rebbi ruled as R. Shimon Ben Gamliel.
(m) Rejection: No, all hold, the ruling is retracted - they
merely argue on what occurred.
(n) (Rav Yosef): When a widow sells property, the orphans
must give compensation if the buyer loses the land; the
same applies when Beis Din sells property.
(o) Objection: This is obvious!
(p) Answer: The case of the widow is obvious, but the case of
Beis Din must be taught.
2) THE AUCTION OF BEIS DIN
1. One might have thought, one who buys from Beis Din
assumes that there has been enough publicity (if the
land is not theirs, or stands to pay a debt, this
would become known), and buys without any rights to
compensation - we hear, this is not so.
(q) (Mishnah): R. Shimon Ben Gamliel says ...
(r) Question: Up to how much of a mistake does the sale
(s) Answer (Rav Huna Bar Yehudah): Up to half the value.
1. Support (Beraisa - R. Shimon Ben Gamliel): Beis Din
sold a field worth 200 for 100, or worth 100 for
200, the sale stands.
(a) (Ameimar): If Beis Din sold without announcing that the
property is for sale, this is like a clear mistake, and
the sale is invalid.
3) WOMEN THAT HAVE NO KESUVAH
(b) Objection: This is not just like a clear mistake - it is
a clear mistake!
1. (Mishnah): The auction of the property of orphans is
30 days; the auction of Hekdesh property is 60 days;
announcements are made morning and evening.
(c) Answer: One could have understood, that Mishnah only
deals with an agent that sells, but Beis Din does not
need to announce - we hear, this is not so.
(d) Question (Rav Ashi): An assessment of Beis Din which was
1/6 too little or too much - the sale is invalid.
1. If the property was sold for the correct price, the
sale would stand.
(e) Answer #1: Really, no announcement was made. The
beginning of the Mishnah deals with property which is not
auctioned; the end of the Mishnah deals with property
which is auctioned.
2. Suggestion: The case is, no announcement was made.
3. Rejection: No, the property was auctioned.
4. Objection: Since the end of the Mishnah is a case
where it was announced, the beginning of the Mishnah
is a case when it was not announced!
i. (Mishnah): If a letter of investigation was
done, even if they sold a field worth 100 for
200, or worth 200 for 100, the sale stands.
1. The following are not auctioned: slaves, Metaltelim,
(f) Answer #2: The beginning of the Mishnah deals with a time
when property is not auctioned; the end of the Mishnah
deals with a time when it is auctioned.
i. Slaves are not auctioned, lest they run away;
Metaltelim and documents are not auctioned,
lest people steal them.
1. (Nehardai): We do not auction to pay for head-tax,
food or burial.
(g) Answer #3: The beginning of the Mishnah deals with a
place where property is not auctioned; the end of the
Mishnah deals with a place where it is auctioned.
1. (Rav Nachman): Property was never auctioned in
(h) (Rav Yehudah): Metaltelim of orphans - we assess it and
sell it immediately.
2. Suggestion: This is because they were expert
3. Rejection (Rav Yosef Bar Minyomi): No - Rav Nachman
explained, because people that bought auctioned
property were scorned (for capitalizing on the
plight of orphans).
(i) (Rav Chisda): We (wait to) sell it in the markets.
1. They do not argue - we only wait if the market day
is coming soon.
(j) Rav Kahana had beer of an orphan; he waited to sell it
until the festival.
1. Even though it was close to turning vinegary - it is
better to sell at the festival, when people pay cash
(as opposed to credit).
(k) Ravina had wine of an orphan; he was taking his own wine
(l) Question (Ravina): May I take the orphan's wine also?
(m) Answer (Rav Ashi): Yes - you needn't be more careful with
it than with your own.
(a) (Mishnah): A girl that does Mi'un, a Sheniyah (a relative
forbidden mid'Rabanan), or an Ailonis does not get a
Kesuvah, nor fruits, nor food, nor remnants (or
depreciation of) her property;
(b) If he married her knowing she was an Ailonis, she
receives a Kesuvah;
(c) A widow married to a Kohen Gadol, a divorcee or Chalutzah
to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, a
Bas Yisrael to a Nasin or Mamzer, she has a Kesuvah.
(d) (Gemara - Rav): The text of the Mishnah says, a minor
(that is married mid'Rabanan) that receives a Get has no
Kesuvah - all the more so, if she does Mi'un, she has no
(e) (Shmuel): The Mishnah says, one that does Mi'un has no
Kesuvah - but if she gets a Get, she gets a Kesuvah.
1. This is as Shmuel taught elsewhere.
2. (Shmuel): A girl that does Mi'un gets no Kesuvah; a
minor (that is married mid'Rabanan) that gets a Get,
receives a Kesuvah;
3. If she does Mi'un, she is not disqualified from
marrying the brothers or a Kohen; if she gets a Get,
she is disqualified from marrying the brothers or a
4. If she does Mi'un, she does not have to wait 3
months before remarrying; if she gets must wait 3 months before remarrying.