Gemara Clarity

Bava Basra 132b

בבא בתרא קל״ב ע״ב

Bava Batra 132b

Learn Bava Basra 132b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

When a wife who receives a share of her husband's property loses her כתובה: the refutation of the אמוראים, רב נחמן's partnership rule, the healthy-husband question, and gifts of produce versus land

Overview

The משנה teaches that if a man divides his property among his sons and gives his wife a share, she loses her כתובה. The גמרא first calls this one of the 'leniencies of כתובה.' It then shows from רבי יוסי's words, backed by a ברייתא of רבי יהודה, that the תנא קמא requires the wife's presence and active acceptance. That refutes all three אמוראים, who thought her silence was enough. רב נחמן gives his own view: once the husband made her a partner among the sons, she loses her כתובה. רבא asks whether this also applies to a healthy husband, and the question stays תיקו. In a real case, רב חסדא and רב נחמן conclude that a gift of produce alone, which counts as movable property, does not cost her the כתובה. Only a share in land, even one palm tree, does. A final case begins: a dying man gave thirds to two daughters and his wife, and one daughter died first. רב פפי's first thought is that the wife takes only her third, and the discussion continues on the next amud.

Opening lines

וּמִקּוּלֵּי כְתוּבָּה שָׁנוּ כָּאן.

And of the leniencies of the marriage contract they taught here.

תְּנַן, רַבִּי יוֹסֵי אוֹמֵר:

We learned: Rabbi Yosei says:

אִם קִבְּלָה עָלֶיהָ,

If she accepted it upon herself,

אַף עַל פִּי שֶׁלֹּא כָּתַב לָהּ –

even though he did not write for her

The steps (16)

  1. StatementThis ruling is a leniency of the marriage contract
  2. Challengeרבי יוסי's words imply the first opinion needs both writing and acceptance
  3. ResolutionSuggestion: the whole משנה is רבי יוסי
  4. Rejectionרבי יהודה's ברייתא shows the first opinion needs presence and acceptance
  5. ConclusionAll the explanations are refuted
  6. Questionרבא asks רב נחמן for his own view
  7. Responseרב נחמן: making her a partner with the sons costs her the marriage contract
  8. ProofA second report confirms רב נחמן's ruling
  9. Questionרבא asks: what if the husband is healthy?
  10. ConclusionThe question is left open
  11. QuestionA real case: a third of the produce to the wife
  12. Responseרב נחמן quotes שמואל: even one palm tree is enough
  13. Challengeרב חסדא: a tree is land, but produce is not
  14. Conclusionרב נחמן agrees: movables do not make her lose her כתובה
  15. StatementA new case: property split into thirds
  16. Statementרב פפי's first thought: she gets only her third