Kesubos 85b
כתובות פ״ה ע״ב
Ketubot 85b
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Topic
Claims after a death (deposits and a gift 'to טוביה'), and forgiving a sold debt
Overview
This amud opens with the last words of an earlier discussion: a document that only looks false is not a concern. Then the גמרא tells three matching stories. In each, a man deposited a valuable item with someone who died without saying whose it was. Each judge, רבי אמי, רב נחמן and רבי אבא, gives the item to the claimant, because the dead man was known not to be wealthy and the claimant gave a סימן (identifying sign). Each time the גמרא adds that a סימן helps only if the claimant was not a regular visitor to that house. Next comes a man who left his property 'to טוביה.' The גמרא rules on who counts as that טוביה: a man titled רב, a close friend, and how to rank a תלמיד חכם, a neighbor and a relative. When the two are equal, the judges decide (שודא דדייני). Then רבא quotes רב חייא בר אבין: שמואל lets a seller of a שטר חוב forgive the debt, but agrees that a wife cannot forgive a note she brought into her marriage. The amud ends with a relative of רב נחמן who sold her כתובה, and רב נחמן asks whether anyone will advise her daughter. The advice comes on the next amud.
Opening lines
כְּשִׁיקְרָא לָא חָיְישִׁינַן.
About something that looks like a falsehood, we are not concerned.
הָהוּא גַּבְרָא דְּאַפְקֵיד
There was a certain man who deposited
שַׁב מַרְגָּנְיָתָא דְּצַיְירִי בִּסְדִינָא
seven pearls that were tied up in a sheet
בֵּי רַבִּי מְיָאשָׁא
in the house of Rabbi Meyasha,
The steps (21)
- ConclusionThe end of the earlier discussion: something that only looks false is not a concern
- StatementA man deposits seven pearls with רבי מיאשא, who dies without instructions
- Statementרבי אמי rules for the claimant: the dead man was not wealthy, and the claimant gave a sign
- StatementLimit: the sign only works if the claimant did not regularly visit that house
- StatementA second case: a silver cup deposited with חסא, who dies without instructions
- Statementרב נחמן rules the same way: חסא was not wealthy, and the claimant gave a sign
- StatementThe same limit applies: a regular visitor's sign proves nothing
- StatementSilk left at רב דימי's house
- Statementרבי אבא gives the silk to the claimant
- StatementThe same limit applies to the silk case
- Statement'My property to טוביה' and טוביה shows up
- Statementרב טוביה is not plain 'טוביה'
- StatementA close friend may be called without his title
- StatementTwo people named טוביה: the תלמיד חכם comes first
- QuestionNeighbor or relative: who comes first?
- ResponseA פסוק: a close neighbor is better
- ConclusionWhen both are equal, the judges decide
- Statementרבא quotes שמואל's rule about forgiving a sold loan document
- Statementשמואל agrees a wife cannot forgive a note she brought into the marriage
- Statementרב נחמן's relative sold her כתובה, then was divorced and died
- Statementרב נחמן asks if anyone will advise the daughter