Kesubos - Daf 47
- Machlokes if a father can consume the produce from his daughter’s properties
It was taught in a Baraisa: האב אינו אוכל פירות בחיי בתו - A father may not consume the produce of his daughter’s property in his daughter’s lifetime. Rashi explained earlier that if a minor girl inherited property from her mother’s family, it is put in a trust for her. Rebbe Yose b’Rebbe Yehudah says: האב אוכל פירות בתו – The father does consume the produce of her property. The Gemara says that it is understandable that the Rabbanon were metaken that the husband can consume the produce of his wife’s properties, דאם כן מימנע ולא פריק – for if he could not, then he might hold back from redeeming his wife if she were captured. But as for a father, would he ever hold back from redeeming his daughter even if he did not have the right to consume the produce from his daughter’s property? The Gemara answers that Rebbe Yose b’Rebbe Yehudah holds, אב נמי מימנע ולא פריק – that the father might also hold back from redeeming his daughter, סבר כיסא נקיטא עילוה – for he might think, “A purse full of money is held for her in trust. תיזיל ותפרוק נפשה – Let her go and ransom herself.
- Machlokes whether a chosson has rights to פירות כסות וכלים if the kallah dies before nisuin
The Gemara seeks to compare a machlokes whether a chosson acquires the rights to the produce, clothing and keilim written in the kesubah if his kallah dies after erusin, to a machlokes whether a kallah collects the tosefes kesubah – the additional monies added into the kesubah, if the chosson dies after erusin. The Chochomim hold she does, and Rebbe Elazar ben Azaryah holds she does not: שלא כתב לה אלא על מנת לכונסה – for the husband only added in those monies on the understanding that he would bring her in as his fully married wife. The Gemara rejects the comparison of these two machlokosim and concludes that both parties in the first machlokes may hold like Rebbe Elazar ben Azaryah, that the kallah does not collect the tosefes kesubah, even though they disagree in a case where the kallah dies before nisuin. The one who holds the chosson does not collect the פירות כסות וכלים is clearly like Rebbe Elazar ben Azaryah. And the one who holds that he does collect them, can still be like Rebbe Elazar ben Azaryah. For Rebbe Elazar ben Azaryah can hold that the chosson only made the commitment of the tosefes kesubah on the understanding he would marry her. But perhaps regarding the commitments made by the kallah’s side to the chosson, even Rebbe Elazar ben Azaryah would admit that they are binding משום איחתוני הוא – out of satisfaction of the establishment of familial ties with the chosson’s family, which are accomplished after erusin.
- Defining the terms שארה כסותה וענתה
It was taught in a Baraisa regarding the terms of שארה כסות ועונתה that are mentioned in the kesubah as part of the husband’s responsibilities: "שארה" אלו מזונות – her she’eir is sustenance, her kesus is her clothing, and "ענתה" זו עונה האמורה בתורה – her onah refers to conjugal relations at their appointed time said in the Torah. Rebbe Elazar says: "שארה" זו עונה – Her she’eir refers to conjugal relations, "כסותה" – her kesus refers to clothing, "ענתה" אלו מזונות – her onah is her sustenance. The Baraisa includes the pesukim brought to support each position. Continuing on the next Daf, Rebbe Eliezer ben Yaakov says: The juxtaposition of "שארה כסותה" teaches לפום שארה תן כסותה – according to her flesh, give her clothing, meaning give age-appropriate clothing to her. Do not give a young girl clothing for an older woman and vice versa. The juxtaposition of "כסותה וענתה" – teaches לפום עונתה תן כסותה – according to the time of year, give her clothing. Do not give her new clothing in the summer and worn clothing in the winter.
