POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Yevamos 38
1) INHERITANCE IN CASES OF DOUBT
(a) This does not apply in the case of the Safek child.
2) A YEVAMAH THAT INHERITS PROPERTY
(b) R. Yirmiyah may hold as Chachamim.
1. Chachamim only said that the neighbor's claim wins,
because he could return the deeds.
(c) The Safek and the Yavam come to inherit the Yavam's
i. This does not apply in the case of the Safek
1. Safek: I am the deceased's son, and I receive half.
(d) The Safek and the Yavam's sons come to inherit the
2. Yavam: You are my son, and you receive nothing.
3. The Yavam definitely inherits; it is doubtful if the
Safek inherits - we do not remove from one who has a
certain claim to give to one with a doubtful claim.
1. Safek: I am the deceased's son, and I receive half.
(e) The half which the Safek admits is theirs, they split
among themselves. The third which they concede to him
(e.g. the Yavam left 2 sons, neither a firstborn) he
takes. The remaining sixth is money in Safek, and they
2. Yavam's sons: You are our brother, and you receive a
share with us.
(f) The Yavam's father and the Yavam come to inherit the
Safek; or, the Yavam's father and the Safek come to
inherit the Yavam. The money is in doubt, they split it.
(a) (Mishnah): Property fell to a Yevamah. Beis Shamai and
Beis Hillel admit that she may sell it, and the sale is
(b) If she dies, her Kesuvah and property which enters and
leaves the marriage with her - Beis Shamai says, the
husband's heirs split it with her father's heirs; Beis
Hillel says, the property is in its status quo; the
Kesuvah stays by the husband's heirs, property which
enters and leaves with her stays by her father's heirs;
(c) If he does Yibum, she is as his wife in all respects,
just the Kesuvah is paid from the property of the
(d) (Gemara) Question: Why do Beis Shamai and Beis Hillel
agree in the first case, but not in the 2nd?
(e) Answer #1(Ula): In the 1st case, she fell to Yibum from
engagement; in the 2nd case, she fell from Nisu'in.
1. Ula holds, Zikah of one who falls from engagement is
like Safek engagement; Zikah of one who falls from
Nisu'in is like Safek Nisu'in.
2. Zikah from engagement is only as Safek engagement -
if it would be as certain engagement, Beis Hillel
would not admit that she may sell!
(f) Question (Rabah): Rather than arguing about the property
itself, after she dies - they should argue during her
lifetime, who eats the fruits!
i. (Mishnah): Property that fell to an engaged girl
- Beis Shamai says, she may sell it; Beis
Hillel says, she should not sell it.
3. Zikah from Nisu'in is only as Safek Nisu'in - if it
would be as certain Nisu'in, Beis Shamai would not
say that heirs of the husband split it with heirs of
ii. Both admit that if she sold it, the sale
i. property that fell to her after Nisu'in - Beis
Shamai and Beis Hillel admit that if she sold,
the husband takes the property from the buyers.
(g) Answer #2 (Rabah): In both cases, she was widowed from
Nisu'in; Zikah from Nisu'in makes Safek Nisu'in.
1. In the first case, she is alive, she is certain (the
property itself is hers), the husband is Safek (he
may have no rights to it at all) - a Safek does not
remove from a Vadai.
(h) Question (Abaye): Do Beis Shamai really hold that a Safek
does not take from a Vadai?
2. In the 2nd case, she died, both are coming to
inherit, they divide the property.
1. (Mishnah): A house fell on Reuven and his father or
another relative that Reuven inherits, and Reuven
owed money to pay a Kesuvah or creditors.
(i) Answer #1: Beis Shamai hold that a document is considered
to be already collected.
2. Heirs of the father say, Reuven died first, then the
father (so the father's property never passed to his
son, so the Kesuvah or debt cannot be collected from
them); the creditor says, the son died first;
3. Beis Shamai says, they divide; Beis Hillel says,
property remains in its status quo.
i. Here, the heirs of the father are Vadai, and
the creditor is Safek, and Beis Shamai say they
1. Question: What is the source to say this?
(j) Answer #2(Abaye): In the first case of the Mishnah, the
property fell after she fell to Yibum; in the 2nd case,
it fell when she was married.
2. Answer (Mishnah): If the husband died before the
Sotah drank, Beis Shamai says, she receives her
Kesuvah and does not drink; Beis Hillel says, she
drinks or does not receive her Kesuvah.
3. Objection: How can she drink - we cannot apply, "the
man will bring his wife"!
4. Answer: Rather, since she does not drink, she does
not receive her Kesuvah.
5. We see, there is a Safek whether she had adultery,
and she receives her Kesuvah (from the heirs, who
6. It must be, Beis Shamai say that a document is
considered to be already collected.
7. Question: Why didn't Abaye ask from this Mishnah?
8. Answer: One could answer, Kesuvah is different - it
was enacted to be collected, even in a Safek, to
encourage women to marry.
9. Question: Why didn't he ask from the case of Kesuvah
in our Mishnah? (Since she already died, the reason
cannot be to encourage women to marry).
10. Answer: Beis Shamai do not argue in the Mishnah.
11. Objection: They do argue! 'Her Kesuvah and property
which enters and leaves with her, ... Beis Shamai
says, heirs of the husband divide with heirs of the
father; Beis Hillel says, property stays in its
12. Answer: The Mishnah asked, what do we do with the
Kesuvah, and never answered; property which enters
and leaves with her, Beis Shamai says, heirs of the
husband divide with heirs of the father; Beis Hillel
says, property stays in its status quo.
13. (Rav Ashi): The Mishnah also supports this - it
says, 'heirs of the husband divide with heirs of the
father' (suggesting that the property was the
father's), not 'heirs of the father divide with
heirs of the husband'.