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Previous daf Kesuvos 55
KESUVOS 55 & 56 - have been dedicated by Rabbi Avi Feldman and his sisters in
memory of their mother (yahrzeit: 11 Iyar), ha'Rabbanit Sara Dvasya bas Rav
1) [line 1] SHEVACH (SHEVACH L'ACHAR MISAH - the appreciation of the estate
its owner's death)
(a) A woman normally collects her Kesuvah from the properties (i.e. lands)
that belong to her late husband's estate. However, if her husband's estate
appreciated in value after his death, she cannot collect that appreciated
value towards the payment of her Kesuvah. Rather, she may only collect the
amount that the estate was worth at the time of his passing, towards the
payment of her Kesuvah.
(b) The following are a few examples of how a person's estate can appreciate
after his passing:
1. If one of the husband's relatives dies after he does, and the inheritance
goes to his estate, the wife does not receive the value of her Kesuvah (Maneh
or Masayim and the Tosefes) from that inheritance.
(c) This Halachah only applies to the collection of the debt of the Kesuvah -
- or to the Tosefes Kesuvah, as our Gemara explains. If the deceased owed
money to someone, the debtor may collect from any part of the estate, even
from what appreciated after the person's passing.
2. If the husband is owed money, even if the debt was written in a document
that was in the possession of the husband, wife does not receive the value of
her Kesuvah from that debt if it is paid after the husband's death.
3. If the property appreciates due to the efforts of the inheritors, e.g.
stalks of wheat that grow and produce grain and trees that produce fruit, his
wife does not receive the value of her Kesuvah from that appreciation.
(However, the wife may collect her Kesuvah from a small tree that grows on
its own, without any expenditure, into a large tree; this is considered to be
part of the estate that her husband left at the time of passing [Matzuy
l'Ba'alah] since the tree has not changed form after the husband's death --
SEFER HA'CHINUCH #400.)
2) [line 1] SHEVI'IS (HASHMATAS KESAFIM)
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.)
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
(c) Most Rishonim rule that the Shemitah year cancels loans at the *end* of
the year, on the last day of the month of Elul. (RAMBAM Hilchos Shemitah
3a) [line 5] YERSUN TENAN - the Mishnah (Daf 54b) uses the word "Yersun."
With regard to the Tenai Kesuvah of Benin Dichrin (see Background to Kesuvos
50:28), the Mishnah teaches that a woman's sons *will inherit* the money of
her Kesuvah over and above their portion of the estate that will be divided
among them and their brothers.
b) [line 7] YISVUN - they *will take* (as creditors)
4) [line 8] B'LO SHEVU'AH - [the widow can collect the chattels] without
taking an oath (whereas usually an oath is required to appropriate chattels
from the possession of orphans towards the payment of the Kesuvah)
5) [line 12] B'ARBA'AH MATZRANAHA - specifying its four boundaries
6) [line 16] KANU MINEI - the witnesses performed a Kinyan Chalifin with him
regarding his instructions
7) [line 22] TISTAYEIM - conclude
8) [last line] MESUKAN - a sick person who is about to die [who says, "Write
a Get to my wife," but does not express that it should be given to her].
(According to Rebbi Shimon Shezuri, they should nevertheless give the Get to
9a) [line 1] TERUMAS MA'ASER SHEL DEMAI
(a) Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his
Torah-observance; see Berachos 47b) is referred to as Demai ("Da Mai?" --
"what is this?").
[II] TERUMAS MA'ASER
(b) Terumas Ma'aser and Ma'aser Sheni must be separated from this produce
since a minority of Amei ha'Aretz cannot be trusted to have separated them
before selling the produce. Terumah Gedolah, however, because of its
stringency, is presumed to have been separated. Ma'aser Rishon and Ma'aser
Ani are separated from the produce, but they are eaten by the owner and not
given to the Levi or the Ani (in keeping with the principle "ha'Motzi
me'Chaveiro Alav ha'Re'ayah").
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah Gedolah from the crop and give it to a Kohen. Although
the Torah does not specify the amount to be given, the Rabanan set the
requirement at one fiftieth of the total crop. After Terumah is removed from
the produce, one tenth of the produce that remains must be designated
"Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one
tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it
states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed. The
punishment for eating Tevel is Misah b'Yedei Shamayim.
b) [line 1] TERUMAS MA'ASER SHEL DEMAI (MEDUMA)
(a) Terumah only becomes Batel (canceled) if one part of Terumah falls into
at least 100 parts of Chulin. Even if the Terumah is Batel, it is forbidden
for non-Kohanim to eat the entire mixture; the equivalent of the amount of
Terumah that fell in must first be removed.
(b) If the percentage of Terumah that fell into the Chulin was greater than
one in one hundred, the mixture is known as *Meduma* (lit. mixed) and is
forbidden to be eaten by non-Kohanim.
(c) According to Tosfos in Chulin 99a DH Ein, this law applies only if the
Terumah was the same type of food as the Chulin; otherwise Terumah is Batel
just like any other Isur.
10) [line 4] ARKEVEI A'TREI RACHASHEI - he caused him to ride on two steeds;
i.e. he gave his gift the power of two types of gifts (that of a dying person
and that of a healthy person, as the Gemara goes on to explain)
*11*) [line 12] SHEMA LO GAMAR L'HAKNOSO ELA BI'SHETAR - perhaps he only
wanted the transfer of property to take effect through an act of Kinyan (such
as Hagbahah, or Chazakah), which will later be written in a Shtar. [If that
is so, then since no Kinyan was performed before the giver died, the property
will not be transferred out of his estate. Had he meant to transfer the
property as a "Shechiv me'Ra" transfers his property, by simply requesting
verbally that the transfer take place, the property would have left his
possession immediately and would be given to the recipient. It would not be
considered part of his estate.]