Kesubos - Daf 43
- בת הניזונת מן האחין מעשה ידיה למי
Rebbe Avina asked Rav Sheishess: בת הניזונת מן האחין מעשה ידיה למי – A daughter who is being supported by her brothers from her father’s estate, to whom do her earnings belong? Do we say, במקום אב קיימי – that they stand in place of their father, and just as there her earnings belong to the father, so too here, her earnings belong to the brothers? Or do we say that the brothers are not like the father, for there she is being supported from that which is his, whereas here, she is not being supported from that which is theirs? Rav Sheishess responded that Rebbe Avina has already learned the answer in a Mishnah that states: אלמנה ניזונת מנכסי יתומים ומעשה ידיה שלהן – An almanah is supported from the property inherited by orphans and her earnings belong to them. Rashi explains that we see from here that sons stand in the place of their father. Rav Yosef challenged Rav Sheishess’ ruling, which Rava explains is based on a Mishnah from which he learned: מעשה ידיה כמציאתה - that her earnings are like what she finds. Just as what she finds during her father’s lifetime, belongs to him, and what she finds after her father’s death belongs to her, so too what she earns during his lifetime belongs to the father, but after his death, belongs to her.
- המקור שאין אדם מוריש זכות בתו לבנו
It was said in the name of Rav: בת הניזונת מן האחין מעשה ידיה לעצמה – A daughter who is being supported from the estate by her brothers, her earnings belong to her, for it is written in regard to an eved Canaani, "והתנחלתם אתם לבניכם אחריכם" – You shall keep them in your possession for your children after you to inherit. This implies אותם לבניכם ולא בנותיכם לבניכם – only they are passed on as a heritage to your children, but your daughters are not passed on as a heritage to your children, מגיד שאין אדם מוריש זכות בתו לבנו – This tells us that a person does not bequeath to his son the rights that the Torah grants him in his daughter.
- Machlokes if the father or daughter receives the kesubah from the first marriage
The next Mishnah states: המארס את בתו וגרשה אירסה ונתארמלה כתובתה שלו – If one gave his daughter who is a ketanah or naarah in erusin, and the chosson divorced her before nisuin, and then the father gave her over a second time and she was widowed before nisuin, her kesubah from both marriages belong to the father. If he gave her in nisuin, and the chosson divorced her, and the father gave her in nisuin a second time and she was widowed, כתובתה שלה – the kesubah from both marriages belong to her. Rebbe Yehudah says: הראשונה של אב – The first kesubah belongs to the father. They said to him, משהשיאה אין לאביה רשות בה – Once he gave her in nisuin, her father has no reshus over her. Rabbah and Rav Yosef give a reason for Rebbe Yehudah’s opinion that the first kesubah belongs to the father, which the Gemara challenges and then emends to הואיל וברשותו נכתבין – since they are written while she is still in her father’s reshus. Since the kesubah is written before the nisuin, while the daughter is an arusah and still in her father’s reshus, the father acquires the rights to the monies in the first kesubah.
