Kesubos 94a

כתובות צ״ד ע״א

Ketubot 94a

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Topic

Explaining the dispute over the fourth wife's oath, one partner going to court for another, and two deeds dated the same day

Overview

The משנה taught about a man who married four wives and died. The תנא קמא says the fourth wife collects her כתובה without swearing to the earlier wives, and בן ננס says she must swear. The גמרא gives three explanations of this dispute. The first is about whether a later creditor who collected first keeps what he took. The second, from רב נחמן in the name of רבה בר אבוה, is about whether we worry that she will wear down the field. The third, from אביי, is about whether אביי קשישא's rule protects adult orphans with an oath. Next, רב הונא rules that when one of two brothers or partners goes to court, he acts as the other's agent. רב נחמן tries to prove this from the four wives' oaths, but the גמרא rejects the proof: the absent partner can say he would have argued better, though only if he was out of town. Finally, רב and שמואל argue about two deeds dated the same day. The גמרא begins asking whether רב follows רבי מאיר's view that the signing witnesses make a deed take effect, and that question continues on the next amud.

Opening lines

The steps (14)

1. ResponseThe case: a field turns out not to belong to the husband
2. StatementThe first opinion: what he collected can be taken back
3. Statementבן ננס: what he collected he keeps
4. StatementA different explanation: worry that she will damage the field
5. StatementThe two sides of the worry that she will ruin the field
6. Statementאביי says the dispute depends on אביי קשישא's rule about orphans
7. StatementWho accepts אביי קשישא's rule
8. StatementOne brother or partner in court acts as agent for the other
9. QuestionThe people of סורא ask רב נחמן about the brothers' case
10. Responseרב נחמן's proof from the משנה of the four wives
11. RejectionThe proof is rejected: an oath is not like a court argument
12. StatementThe absent partner's claim works only if he was out of town
13. StatementTwo deeds with the same date: split it, or let the judges decide
14. QuestionIs רב following רבי מאיר about the signing witnesses?