Kesubos - Daf 53
- Does a woman who sells her kesubah to her husband lose the kesubas bnin d’ichrin?
Rava said: It is obvious to me מוכרת כתובתה לאחרים יש לה כתובת בנין דכרין – that if a woman sells her kesubah to others, which gives them the right to collect her kesubah if the husband dies before her, or divorces her, she still has rights to the kesubos bnin d’ichrin. What is the reason? זוזי אנסוה – financial pressures forced her to make the sale. The sale of her kesubah does not indicate that she treats it lightly, therefore, there is no reason to prevent her sons from inheriting the kesubah. And if she is מוחלת כתובתה לבעלה – waives her kesubah to her husband, she does not have rights to the kesubas b’nin dichrin. Rashi explains that she took lightly the possibility of causing her sons to lose the kesubah. Therefore, the Rabbanon penalized her, and she does not have the kesubas bnin d’ichrin. Rava then asked, מוכרת כתובתה לבעלה – what is the halachah if she sells her kesubah to her husband? Is it more like selling it to others, or to waiving it for her husband? After Rava asked this, he answered his own question, that it is like one who sells it to others, in which case she does not lose the kesubas bnin d’ichrin.
- Question if an arus is chayav to bury his arusah
Rav Nachman, Ulla and Avimi bar Rav Pappi were sitting, and Rav Chiya bar Ami was sitting with them. A man whose arusah had died, came to them and they told him, זיל קבר או הב לה כתובתה – Go bury her or give her kesubah to her. This is based on the fact that a man should bury his wife in return for inheriting her kesubah. Rashi explains that the Gemara assumes that this is for the standard amounts written in the kesubah. Since the husband does not have to pay these amounts, he is chayav to bury her. Rebbe Chiya said to them that it was taught in a Baraisa: מת הוא גובה כתובתה – If the arus dies, the arusah collects her kesubah. Rebbe Chiya said that the reason she collects her kesubah is that he died, which implies that if she dies, she does not have rights in the kesubah, such as burial. Rav Hoshaya explained the reason that he is not chayav to bury her is שאין אני קורא בה: לכשתנשאי לאחר תטלי מה שכתוב ליכי – For I cannot apply to her: When you marry another man, you may take what is written for you. Rashi explains that the tannai kesubah only go into effect when she is able to marry someone else after being divorced or widowed from him. Until then he is not obligated to her, and he does not “inherit” anything from her. Therefore, he is not chayav to bury her.
- Can an arusah get support from her father’s estate?
Rav Chisda said to Rav Yosef: Did you ever hear from Rav Yehudah, ארוסה יש לה מזונות או אין לה מזונות – whether an arusah gets support from her father’s estate or not? Rav Yosef said he had not, but it is logical to say that she does not get support, כיון דאירסה לא ניחא ליה דתיתזיל – once her husband takes her in erusin, he does not want to see her disgraced begging for food, and he will certainly provide for her. Rav Chisda replied that if he had not heard this from Rav Yehuda, then it is more logical that she does receive support after erusin,כוין דלא קים ליה בגוה לא שדי זוזי בכדי – since the husband has not decided yet to take her in nisuin, he will not throw away money for nothing. The Gemara brings another version of this discussion where the positions are reversed.
