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Kesubos 86a

כתובות פ״ו ע״א

Ketubot 86a

Learn Kesubos 86a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

רב נחמן's regret, שמואל's rule on forgiving a sold שטר חוב, and how and in what order debts are paid

Overview

This amud opens at the end of a story. רב נחמן hinted that a daughter could forgive her late mother's sold כתובה, so the money would stay with her father and she would later inherit it. He then regretted acting like עורכי הדיינין, because an אדם חשוב must avoid even looking like he favors family. The גמרא returns to שמואל's rule behind the story: a seller of a שטר חוב, and even his heir, can still forgive the debt. רב הונא בריה דרב יהושע shows the buyer how to protect himself, and אמימר rules that what the seller owes the buyer depends on דינא דגרמי. In a real case, רב אשי made the seller pay the note's full value. אמימר in the name of רב חמא then teaches that a בעל חוב is paid with money and a wife's כתובה with land, and that when there is only one field, the creditor gets it. רב פפא learns that forcing a debtor to sell his land was only a penalty for a cheat. Finally, רב כהנא asks what happens if a debtor refuses the מצוה of repaying. רב פפא answers with a ברייתא about forcing positive מצוות, which continues on the next amud.

Opening lines

תֵּיזִיל וְתַיחֲלַהּ לִכְתוּבְּתַהּ דְּאִמַּהּ

that she should go and forgive her mother's כתובה

לְגַבֵּי אֲבוּהּ, וְתֵירְתַהּ מִינֵּיהּ.

for her father, and she will inherit it from him?

שְׁמַעָה אֲזַלָה אַחֵילְתַּהּ.

She heard, went, and forgave it.

אֲמַר רַב נַחְמָן:

Rav Nachman said:

The steps (16)

  1. StatementThe daughter takes the hint and forgives the כתובה
  2. Statementרב נחמן regrets acting like a lawyer
  3. QuestionWhy did רב נחמן change his mind?
  4. ResponseHelping family versus the standard for an important person
  5. Statementשמואל: a seller of a debt document can still forgive it
  6. StatementHow a smart buyer protects himself
  7. StatementWhat the seller owes the buyer: depends on דינא דגרמי
  8. ConclusionA real case: רב אשי makes the seller pay the full value
  9. StatementCreditor gets money, wife gets land
  10. StatementOnly one field: the creditor gets it
  11. Questionרב פפא asks if רבא said the debtor must sell the land himself
  12. Responseרב חמא: No, I did not say that
  13. Questionרב פפא asks for the real story
  14. ResponseThe debtor was a cheat, so he was treated harshly
  15. QuestionWhat if the debtor refuses the מצוה of repaying?
  16. Responseרב פפא brings a ברייתא about forcing positive מצוות