Kesubos 79b
כתובות ע״ט ע״ב
Ketubot 79b
Learn Kesubos 79b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
The husband's rights to produce of his wife's מלוג property: offspring, items that wear out, inherited old slaves and trees, and his spending on her property
Overview
The amud opens with the end of רבי ינאי's ruling: a thief who steals the offspring of a wife's מלוג animal pays the כפל to the wife. The גמרא answers that the husband was given only פירא, not פירא דפירא, so everyone can agree. It then asks why the רבנן give a maidservant's child to the wife but an animal's offspring to the husband. The answer is that a dead animal still leaves its hide. שמואל rules like חנניה, and רב נחמן adds that a divorced wife may buy back her maidservant's children because of שבח בית אביה. רב נחמן also rules that items brought in for their produce, such as a goat, a hen, or a cloak, may be used until they are gone, following the חכמים about mines, and רבא explains how רבי שמעון differs from the תנא קמא. A new משנה deals with old slaves and old trees the wife inherits, and the גמרא reverses רב's limit on that dispute after רב יוסף's challenge. A final משנה covers a husband's spending on his wife's property, and רבי אסי says even one dried fig counts as 'a little'. The amud ends as a new statement begins, which continues on the next amud.
Opening lines
וְלַד בֶּהֱמַת מְלוֹג —
[One who steals] the offspring of a usufruct animal
מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל לָאִשָּׁה.
pays the double payment to the woman.
כְּמַאן?
In accordance with whom?
לָא כְּרַבָּנַן וְלָא כַּחֲנַנְיָה!
Not like the Rabbis and not like Ḥananya!
The steps (23)
- StatementThe thief pays the double payment to the wife
- ChallengeWhose opinion is this? Nobody's!
- ProofThe ברייתא: animal offspring goes to the husband
- ResolutionProduce yes, produce of produce no
- ChallengeGranted for חנניה: we don't worry about death
- ChallengeThe challenge to the Rabbis: why treat an animal and a maidservant differently?
- ResolutionAn animal is different because its hide remains
- Statementשמואל rules like חנניה
- StatementEven חנניה agrees a divorced wife may buy back the children
- StatementItems brought in for their produce may be used until used up
- StatementA cloak counts as produce and may be worn out
- QuestionWhose view matches the cloak ruling?
- ResponseThe ברייתא on salt, sand and mines
- QuestionIsn't רבי שמעון saying the same as the first תנא?
- Responseרבא: they differ about crops still attached when she leaves
- Statementמשנה: old slaves the wife inherits
- Statementמשנה: old olive trees and vines
- Statementרב: the argument is only about trees in her own field
- Challengeרב יוסף challenges רב's limit on the dispute
- ResolutionThe גמרא flips רב's statement
- StatementNew משנה: a husband's spending on his wife's property
- QuestionHow much is 'a little'?
- Responseרבי אסי: even one dried fig