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Kesubos 51a

כתובות נ״א ע״א

Ketubot 51a

Learn Kesubos 51a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Kesubos 51a in Gemara Clarity

Topic

Supporting daughters from land versus movable property, and the court-set conditions of the כתובה

Overview

This amud opens by finishing an argument about dates still on a palm tree. They count as land as long as they still need the tree. Next, רבא tells the people handling an estate to give an orphan boy extra so his sister can be supported. He defends this with a קל וחומר: we would buy the boy a maidservant, so we can certainly support his sister. A ברייתא then brings a מחלוקת. רבי allows support from both land and movable property. רבי שמעון בן אלעזר allows it only from land. The הלכה follows רבי שמעון בן אלעזר, as רבא ruled. A new משנה follows: the minimum כתובה, the guarantee on all of the husband's property, and the duty to redeem a captive wife all apply even if never written, as a תנאי בית דין. A husband may divorce his wife to avoid paying for her healing, but not to avoid redeeming her. The גמרא shows that the משנה's opening fits רבי מאיר, while its field clause seems to fit רבי יהודה, and it starts quoting the source for their argument about a missing guarantee clause.

Opening lines

סוֹף סוֹף, כׇּל הָעוֹמֵד לִגְזוֹז

Ultimately, anything that is about to be cut

כְּגָזוּז דָּמֵי!

is considered as already cut!

דִּצְרִיכָא לְדִיקְלָא קָאָמֵינָא.

I spoke of dates that still need the palm tree.

הָהוּא יָתוֹם וִיתוֹמָה

There was a certain orphan boy and orphan girl

The steps (21)

  1. ChallengeDates about to be cut already count as cut
  2. ResolutionThe dates still need the tree
  3. Statementרבא gives the orphan boy extra for his sister
  4. ChallengeBut רבא himself said only from land
  5. ResolutionLike buying him a maidservant, but even better
  6. Statementרבי: both land and movables can be used for support
  7. Statementרבי שמעון בן אלעזר on taking land from heirs
  8. StatementLand goes from daughters to sons only when the estate is large
  9. StatementMovable property can go from daughters to sons, never from sons to daughters
  10. ConclusionThe halacha follows רבי שמעון בן אלעזר, as רבא ruled
  11. StatementNew משנה: a wife gets her basic כתובה even if nothing was written
  12. StatementAll his property guarantees the full כתובה even if he did not write it
  13. StatementUnwritten promise to redeem a captive wife still binds him
  14. StatementHe cannot divorce her to avoid redeeming her
  15. StatementHe may divorce her to avoid paying for her healing
  16. QuestionWho is the author of the משנה?
  17. ResponseIt is רבי מאיר, who forbids giving less than the minimum
  18. ProofIt cannot be רבי יהודה, who lets the wife waive part
  19. ChallengeThe last part of the משנה seems to follow רבי יהודה
  20. ProofWhy the last part cannot be רבי מאיר
  21. ProofThe source: the משנה about found loan documents