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Kesubos 95b

כתובות צ״ה ע״ב

Ketubot 95b

Learn Kesubos 95b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Collecting from sold land when free land is ruined, אביי's rulings on a gift of 'to you, and after you to so-and-so' when the woman marries, and the opening of the chapter on a widow's support

Overview

The amud opens by challenging the view that a creditor cannot collect from buyers when the debtor's free land is ruined. The challenge is the everyday case of an orchard that aged early, where the רבנן let the lender collect from buyers. The גמרא answers that those buyers knew orchards grow old, so they brought the loss on themselves. Still, the הלכה is that when free property is ruined, the creditor collects from sold property. Next, אביי rules that in a gift of 'to you, and after you to so-and-so,' if the woman marries, her husband counts as a לוקח and the second recipient gets nothing. This follows רבן שמעון בן גמליאל, and the גמרא shows how it fits with אביי calling it wicked to advise such sales. In a second ruling, when the woman sells and dies, the claims go in a circle, but the property stays with the buyer, since only he paid money. רב אשי settles the clash between the two rulings: it depends on whether she was single or already married when the gift was given. The chapter closes by explaining 'and so too a creditor.' A new chapter then opens on a widow's support, and the גמרא asks whether the משנה reads ניזונת or הניזונת.

Opening lines

וְהָא מַעֲשִׂים בְּכׇל יוֹם,

But there are cases like this every day,

דְּהָהוּא גַּבְרָא דְּמַישְׁכֵּן לֵיהּ

that a certain man mortgaged

פַּרְדֵּיסָא לְחַבְרֵיהּ לַעֲשַׂר שְׁנִין,

an orchard to his fellow for ten years,

וְקַשׁ לַחֲמֵשׁ שְׁנִין,

and it grew old after five years,

The steps (19)

  1. ChallengeChallenge from the everyday case of the aging orchard
  2. ResolutionThe buyers knew orchards grow old
  3. ConclusionFinal ruling: ruined free property lets the creditor collect from sold property
  4. Statementאביי: a gift 'to you and after you to so-and-so' and the woman marries
  5. QuestionWhose view is אביי following?
  6. Responseאביי follows רבן שמעון בן גמליאל
  7. Challengeאביי called advising such a sale wicked
  8. ResolutionHe spoke of a woman who already married
  9. StatementThe circle: buyer, husband, and the second recipient
  10. ChallengeWhy doesn't אביי's case end in a compromise like the משנה?
  11. ResolutionOnly the buyer stands to lose money
  12. Challengeרפרם's challenge: אביי called the husband a buyer
  13. ResolutionSingle when given versus already married
  14. StatementExplaining 'and so too a creditor'
  15. StatementThe same circle applies to a woman collecting her כתובה
  16. ConclusionHadran — Closing מי שהיה נשוי
  17. StatementNew chapter: a widow's food, earnings and burial
  18. QuestionDoes the משנה say 'is fed' or 'who is fed'?
  19. QuestionThe second option: the wording is הניזונת, following the people of יהודה