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Kesubos 81a

כתובות פ״א ע״א

Ketubot 81a

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Topic

Whether the יבם, as heir of the כתובה, must bury a שומרת יבם, and whether a יבמה's כתובה can count as collectible while she is bound to the יבם.

Overview

This amud asks who must pay to bury a שומרת יבם, a widow waiting for יבום. The rule is that the heirs of her כתובה bury her. אביי supports this from a משנה that speaks of a widow with two sets of heirs, which can only be a שומרת יבם. רבא asks why the יבם can't say, 'I inherit my brother, but burying his wife is not my job.' אביי answers that he is pressed from two sides: either bury her or pay her כתובה. רבא replies that a כתובה is not collected during the husband's lifetime, and the יבם stands in for the husband. The גמרא argues that this idea comes from בית שמאי, who also hold that a document ready to be collected counts as already collected, and proves it from the משנה about a סוטה whose husband died. The גמרא then cites the plain wording 'when you marry another', and רב אשי answers that the יבם also counts as 'another man.' Finally רבא sends אביי a new challenge from סומכוס's teaching: a יבם who wants to sell his brother's property must make a feast to win his wife over, or divorce her and remarry her.

Opening lines

יוֹרְשֶׁיהָ יוֹרְשֵׁי כְּתוּבָּתָהּ

Her heirs, the heirs of her marriage contract,

חַיָּיבִין בִּקְבוּרָתָהּ.

are obligated in her burial.

אָמַר אַבָּיֵי, אַף אֲנַן נָמֵי תְּנֵינָא:

Abaye said: We too have learned:

אַלְמָנָה נִיזּוֹנֶת מִנִּכְסֵי יְתוֹמִין,

A widow is supported from the property of the orphans,

The steps (17)

  1. StatementThe heirs of her כתובה must bury her
  2. Proofאביי brings support from a משנה
  3. QuestionWhich widow has two sets of heirs?
  4. ResponseIt must be a שומרת יבם
  5. Challengeרבא: Let the יבם refuse to bury her
  6. Resolutionאביי: He is pressed from two sides
  7. Rejectionרבא: A כתובה can't be collected while the husband is alive
  8. ChallengeThat idea comes from בית שמאי, who also say a ready document counts as collected
  9. ProofThe משנה about a suspected wife whose husband died
  10. ChallengeHow can a widow drink the bitter waters?
  11. ResolutionReading בית הלל correctly: since she can't drink, she doesn't collect
  12. ChallengeWhy do בית שמאי let a doubtful claim win?
  13. Resolutionבית שמאי: a document ready to be collected counts as collected
  14. ChallengeThe Contract Only Pays When She Marries Someone Else
  15. ResolutionThe יבם Counts as 'Another Man'
  16. Challengeרבא Asks: Can a כתובה Be Collected During the Marriage?
  17. ProofSumakhos: Persuade Her or Divorce Her