Kesubos 54a
כתובות נ״ד ע״א
Ketubot 54a
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Topic
A daughter's and a widow's rights to support from the estate, how a widow loses that support, local customs, and whether a widow's clothes count against her כתובה
Overview
The amud opens with a chain of questions about whether a daughter gets מזונות from her father's estate when her mother's כתובה is missing or not yet in force: a penalized mother, an ארוסה, and an אנוסה. All three end in תיקו. Next the גמרא turns to the widow's clause in the משנה. רב יוסף teaches that 'my house' does not include a hut, but she still keeps her support. Several אמוראים then list ways a widow loses support, such as agreeing to remarry, being unfaithful, or making herself up. The הלכה follows none of them. It follows שמואל: she loses support when she claims her כתובה in בית דין. רב and שמואל argue over whether the custom of יהודה or of גליל is the הלכה, and a story with רב נחמן shows that a woman follows her husband's place. They also argue whether a widow's clothes are appraised against her כתובה. רב נחמן and later רבינא rule like רב. The amud ends with cases about a father's instructions for his daughter's dowry, and the last case continues on the next amud.
Opening lines
כֵּיוָן דְּלֵית לַהּ כְּתוּבָּה —
Since she has no marriage contract,
לֵית לַהּ מְזוֹנֵי,
she (the daughter) has no support,
אוֹ דִלְמָא: אִמַּהּ דַּעֲבַדָא אִיסּוּרָא —
or perhaps: her mother, who did something forbidden,
קַנְסוּהָ רַבָּנַן,
the Sages penalized her,
The steps (38)
- QuestionTwo sides of the penalized-mother question, left unresolved
- Questionרבא asks about the daughter of a betrothed woman
- QuestionTwo sides of רבא's question, left unresolved
- Questionרב פפא asks about the daughter of a woman who was raped
- RejectionNo question according to רבי יוסי son of רבי יהודה
- QuestionThe question is really according to the רבנן
- QuestionTwo sides of the אנוסה question, left unresolved
- StatementA real house, not a hut, but she still gets support
- Statementמר בר רב אשי: no support either
- ConclusionThe הלכה does not follow מר בר רב אשי
- StatementA widow who agrees to remarry loses support
- QuestionDoes refusing always keep her support?
- ResponseIt depends on why she refused
- StatementAn unfaithful widow loses support
- StatementA widow who makes herself up loses support
- StatementHow the two rulings about losing support relate
- ConclusionThe final ruling: claiming her כתובה in court ends support
- ChallengeA ברייתא seems to say claiming does not end support
- ResolutionThe difference is court versus outside court
- Statementרב and שמואל argue over whose custom is the הלכה
- StatementWhich regions follow רב and which follow שמואל
- StatementA woman from מחוזא married into נהרדעא comes to רב נחמן
- Statementרב נחמן first rules by her hometown
- ChallengeBut she married into נהרדעא
- Resolutionרב נחמן agrees: then נהרדעא's practice applies
- QuestionHow far does נהרדעא extend
- ResponseWherever נהרדעא's קב measure is used
- StatementIs a widow's clothing counted against her כתובה
- StatementFor a hired worker, the opinions are reversed
- Statementרב כהנא's version: no switch for a hired worker
- Statementרב נחמן rules like רב despite a משנה that seems to follow שמואל
- Challengeרבא asks why the הלכה is not like the משנה
- ResolutionA careful reading shows the משנה fits רב
- ResolutionThe reason: he gave her the clothes so she would stay with him
- StatementA widow sues the orphans and wears all her clothes to court
- Conclusionרבינא rules like רב: the clothes she wears are appraised
- StatementThe dowry got cheaper: the savings go to the orphans
- StatementOpening of another case about a man's will