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