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ANSWERS TO REVIEW QUESTIONS

prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 107

Questions

1)

(a) According to Rav, if a man travels overseas for an extended period of time, Beis-Din will arrange for his wife to be fed from his property whilst he is away. Shmuel (who disagrees on principle with Rav) points out that Rav will agree with him for the initial three-month period after her husband's departure - because a man who travels overseas does not tend to leave an empty house.

(b) According to Rav Z'vid, Shmuel's reason for saying that they do not arrange for her to receive Mezonos is because we are afraid that perhaps 'Tzoreri Atf'sah' - meaning that he may have left her bundles of money to pay for her Mezonos.

(c) Rav Papa gives the reason of Shmuel as being - that he may have said to her prior to his departure 'Tze'i Ma'aseh Yadayich bi'Mezonosayich' (with her consent), thereby exempting himself from the need of feeding her.

(d) One of the differences between the two reasons is in the case of a Gedolah who does not manage to produce enough to live on (where Rav Z'vid's reason will apply but not Rav Papa's) - the other is in the case of a Ketanah (whom a husband would not normally give 'Tzareri'), but who is capable of producing enough to live on (in which case, Rav Papa's reason will apply).

2)
(a) Shmuel concedes that if we heard that her husband died, Beis-Din will arrange for her to receive Mezonos - because then, even if her husband left her Tzareri, she will anyway have to swear that she does not have anything of her husband's, when she comes to claim her Kesuvah; and as for Rav Papa's suspicion, she is anyway no longer obligated to give the work of her hands to her husband.

(b) Nor are we afraid that, seeing as she is now obligated to the Yesomim, perhaps they will say to her 'Tz'i Ma'aseh Yadayich bi'Mezonosayich' - because they can only say this with her consent, just as her husband could have done when he was alive, but not against her will.

3)
(a) The B'nei Kohanim Gedolim argue with Chanan in our Mishnah as to whether the woman whose husband went overseas needs to swear at the beginning. They all agree however, that, on principle, she does receive Mezonos. According to Shmuel, this speaks - when we heard (through one witness) that her husband died.

(b) They repeat their Machlokes in a Beraisa, which concludes 've'Im Ba ve'Amar Pasakti Lah Mezonos, Ne'eman'. What he is saying is - that he gave her Tzareri, and he is only believed with a Shevu'ah.

(c) Shmuel will explain the Beraisa too - when one witness testified that he had died, only it transpired later that the witness had erred and that he was still alive.

4)
(a) Another Beraisa discusses the case of Beis-Din arranging Mezonos for a woman whose husband went overseas. This arrangement however - does not extend to children.

(b) Rav Sheishes tries to establish the Beraisa (according to Shmuel) when her husband undertook to feed her through an agent (who subsequently retracts). By explaining it this way - he gains the fact that, when he retracts, there is no reason to suspect that her husband gave her Tzareri, nor will he have said to her 'Tze'i Ma'aseh Yadayich bi'Mezonosayich'.

(c) We reject Rav Sheishes explanation - on the grounds that, if that is so, why on earth should his children not receive Mezonos too?

(d) So Rav Papa establishes it when we heard that her husband died through one witness. Consequently - the Almanah, who is permitted to marry on their testimony, also receives Mezonos on their testimony; whereas the children, who are not permitted to take possession of their father's property on the basis of one witness, will not receive Mezonos because of him either.

5)
(a) When the Tana of the Beraisa stated earlier that the children are not fed from the husband's property, he added 've'Lo Davar Acher'. According to Rav Chisda, this refers to make-up and ornaments. According to Rav Yosef - it refers to the Tzedakah that her husband would normally be obligated to give alongside the other members of the community, when Beis-Din assess how much each person is obligated to give.

(b)

1. Rav Chisda agrees with Rav Yosef - because if, as he maintains, the woman does not receive ornaments, she certainly will not receive Tzedakah.
2. ... Rav Yosef does not agree with Rav Chisda though - because the husband might not want his wife to give Tzedakah from his property, but he certainly wants her to look respectable.
107b---------------------------------------107b

Questions

6)

(a) The Tana of a Beraisa states that, for the first three months, a Yevamah is fed from her husband's property. After that - she does not receive Mezonos at all, neither from her husband nor from the Yavam?

(b) She is fed from the Yavam's property - in the event that he runs away after she demanded in Beis-Din that he either performs Yibum with her or Chalitzah.

(c) If a woman returns from overseas with the news that her husband died - she has the choice of either claiming her Kesuvah or Mezonos.

(d) Should she claim that her husband divorced her, she may only claim Mezonos up to the amount of her Kesuvah - because a woman is not believed (le'Kula) to say that her husband divorced her. Consequently, she may continue to claim Mezonos up to the sum of her Kesuvah, which she is entitled to, should she not be divorced, but no more than her Kesuvah (because she is believed le'Chumra to lose her rights to Mezonos), which she would be entitled to in any event.

7) In the previous case, which Shmuel establishes when they heard that her husband died - she may indeed claim her entire Kesuvah at once, should she so wish. Only she probably prefers to claim now in the form of Mezonos, so that, should her husband turn up, her entire Kesuvah will still be intact (see Maharsha).

8)

(a) As long as a Mema'enes is living with her husband, she receives Mezonos. What the Tana of the Beraisa says 'Mema'enes Ein Lah Mezonos' - he means that in the event that she borrows money for the purpose of Mezonos and then, when her husband returns, she makes Miyun, she cannot claim the money back from her husband.

(b) Had she not made Miyun - she would have been entitled to reclaim the money to pay her loan.

(c) Shmuel explain this Beraisa together with its inference - when she heard that her husband had died, in which case she will be permitted to borrow at her husband's expense (if there is no property from which to claim).

9)
(a) Rav Dimi cited an incident that occurred with Rebbi, who arranged for the wife of a man who went overseas, to receive Mezonos from his property. When he was faced with a similar case - Rebbi Yishmael declined to do so.

(b) Ravin inverted the opinions - Rebbi Yishmael permitted it, and Rebbi forbade it.

(c) Rebbi Yishmael according to Rav Dimi, and Rebbi according to Ravin, explain our Mishnah (where both the B'nei Kohanim Gedolim and Chanan agree that a woman whose husband went overseas does receive Mezonos) - when they heard that her husband had died.

(d) We finally rule like Rav - that she is in fact, entitled to Mezonos from her husband's property.

10)
(a) We also issue two more rulings (even though they are not directly connected with our Sugya). We rule like Rav Huna Amar Rav (regarding the work that a woman produces), and like Rav Z'vid (regarding the possibility of Kashering earthenware vessels). Rav Huna Amar Rav says that a woman who wants to earn an independent income - is entitled to say to her husband 'Eini Nizones ve'Eini Osah'.

(b) Rav Z'vid permits earthenware vessels that have been covered with white or black lead (according to Tosfos, they have been glazed), but not green - because the latter contains alum, which instead of smoothening the earthenware, makes it turn sharp, causing it to absorb even through the lead.

(c) Besides Chametz on Pesach - used vessels obtained from Nochrim and vessels that were used for non-Kasher wine, are affected by this ruling.

(d) Even white and black earthenware vessels will be forbidden however - if there are cracks in the glazing.

11)
(a) According to Chanan in our Mishnah, if a man goes overseas and someone voluntarily feeds his wife, he has lost his money. The B'nei Kohanim Gedolim say - that he is entitled to swear how much he spent on the woman and reclaim it from her husband.

(b) Rebbi Dosa ben Horkinus agreed with the B'nei Kohanim Gedolim. Raban Yochanan ben Zakai maintained - that Chanan was right.

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