A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Ketuvot 66A - 66B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
April 24, 2006
Duration
59:02

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The Daf Yomi Seat Edition, an audio series of the Talmud Bavli, dedicates its study of Masechet Ketubot to our dear friend Mr. Elliot Shasho, may Hashem protect and sustain him. May the merit of the study of Masechet Ketubot stand for him, so that he may have, with Hashem's help, a good and blessed year, wealth, honor, peace in the home, and success in all his endeavors. With Hashem's help, may he continue to support Torah and all holy projects, amen. Today’s daf has also been dedicated by Mr. Victor Gindi, may Hashem protect and sustain him, for continued success in all his endeavors, health, happiness, and all good things, amen. Today’s daf is being studied for the elevation of the soul of Avraham ben Esther. May the spirit of Hashem rest upon him in the Garden of Eden, amen. Today’s daf is also being studied for the complete recovery of Yosef ben Sara, Rachamim ben Adel, and Sara bat Rachel. May Hashem please heal them among all the sick of Israel, amen. We begin today’s study with success for Yosef ben Simcha. We are studying today’s daf on Samech Vav Amud Sheni, starting the sixth chapter of Masechet Ketubot with the mishna.

It should be noted that there is a slight disagreement among the Rishonim regarding the order of the chapters in Masechet Ketubot. Tosafot points out that in the Kunteras, the order states that we just finished the chapter called “Af Al Pi,” while in Rashi's Gemara, he had the chapter called “Hamadir,” which is the next chapter. Thus, there is some discrepancy in the exact order of the chapters following this one. Regardless, our chapter begins with the topic of a woman finding a lost object. This discussion will cover all the items that a woman possesses that belong to her husband. The mishna states: “The finding of a woman, her work, and her inheritance go to her husband.”

Now, what does this mean regarding her inheritance? Rashi explains that if she receives an inheritance from her father, for example, her grandfather inherits her property. The ruling of the mishna is that the husband can eat the fruits of her inheritance during her lifetime, but upon her death, he inherits the property itself. This interpretation highlights that while the property remains with the wife, the husband benefits from its fruits. Rashi offers a second interpretation: if the wife dies, the husband inherits her assets in a regular case. The husband thus has rights to her finding, her work, and her inheritance in the event of her death. The mishna further states that the husband receives the fruits during her lifetime, which is a different law that allows him to benefit from her assets while she is alive.

Additionally, the mishna discusses the damages and embarrassment a woman may suffer. If she is insulted or devalued, she is entitled to compensation according to the laws of damages. The mishna states: “Her embarrassment and devaluation are hers.” Rabbi Yehuda ben Beteira states that if the damage is concealed, she receives two-thirds of the payment, while he receives one-third. However, if the damage is visible, such as on her face, the husband receives two-thirds of the payment due to the embarrassment caused to him. This creates a machloket among the Rishonim as to whether the discussion concerns both the embarrassment and the devaluation or just one of them. Most Rishonim understand that it pertains to both payments, meaning the husband receives a larger share when the damage is visible.

The mishna concludes that while the husband receives his payment immediately, the portion that goes to the wife must be used to purchase property, and he will benefit from its fruits. The Gemara then questions the mishna, asking what new teaching it presents. The Gemara cites a baraita that states the father has certain rights over his daughter, including the ability to marry her off, accept her money, and receive her work. However, the father does not receive the fruits of her inheritance during her lifetime. The Gemara explains that when the woman marries, the husband has more rights than the father, as he receives the fruits of her assets during her lifetime.

The Gemara highlights that the husband’s rights extend to the finding, and thus, the mishna’s mention of the finding and her work is somewhat redundant. The true chiddush lies in the discussion of the embarrassment and devaluation, which is a machloket between Rabbi Yehuda ben Beteira and the Rabbis. The Rabbis hold that the embarrassment and devaluation belong to the wife, while Rabbi Yehuda argues that the husband has a claim to these as well. Tosafot raises a question regarding why the machloket is emphasized when the laws of embarrassment and devaluation are already established. The answer is that the focus is on Rabbi Yehuda’s position, which adds another layer to the husband’s claims.

The Gemara continues and states that there is a baraita presented before Rava that states if a woman finds an object, she keeps it. Rabbi Akiva argues that it belongs to the husband. The Gemara questions this position, as Rabbi Akiva’s view appears inconsistent with his previous statements regarding the woman’s work. If he believes her work is hers, then surely the finding should also belong to her. The Gemara resolves this by suggesting a reversal of positions, making Rabbi Akiva consistent in his arguments regarding both her work and her finding.

As the discussion progresses, the Gemara explores the nuances of labor and effort in relation to ownership. The distinction is made between work that comes easily and work that requires effort. The Gemara concludes that a finding is akin to effortless work, and thus, Rabbi Akiva’s position should reflect that the finding belongs to the woman. The Gemara also raises questions about simultaneous tasks and whether they count as labor requiring effort. This leads to further analysis of the definitions of labor and the implications for ownership.

The mishna concludes with various laws regarding the evaluation of items brought into a marriage. It emphasizes the need to assess the value accurately and the implications of those assessments on the ketubah. The Gemara discusses the calculations involved in these evaluations, including the adjustments made for items based on their worth and the agreements made between the parties involved.

In the final segments, the Gemara recounts a story involving Rabban Yochanan ben Zakkai who, while riding a donkey, encounters a woman collecting barley from animal waste. Upon learning her identity, he reflects on the wealth of her family and the unfortunate situation she finds herself in. The exchange leads to profound insights about wealth, responsibility, and the impact of one’s actions on their fortune. The Rabbi’s emotional response highlights the interconnectedness of the Jewish people and the importance of charity and support within the community.

Ultimately, the teachings of the mishna and Gemara serve as reminders of the complexities of marital relationships, the rights and responsibilities that accompany them, and the moral imperatives that guide our actions toward one another. The discussions reflect the deep-rooted values of compassion, justice, and community support that are central to Jewish life.