Kesubos - Daf 56
- נכנסה לחופה ולא נבעלה מהו – חיבת חופה קונה או חיבת ביאה קונה
Ravin asked: נכנסה לחופה ולא נבעלה מהו – What is the halachah (according to Rebbe Elazar ben Azaryah( if the kallah entered the chuppah but did not have biah with the chosson? When Rebbe Elazar said that only a nesuah is entitled to the tosefes kesubah, is it because חיבת חופה קונה – the affection that results from the chuppah is what acquires the tosefes for her, or is it because חיבת ביאה קונה – the affection that comes from the biah that acquires the tosefes for her? The Gemara brings a proof from a Baraisa, that states the reason for Rebbe Elazar’s ruling is: שלא כתב לה אלא על חיבת לילה הראשון – because he wrote the tosefes for her only on the affection that occurs the first night. This makes sense if one says חיבת חופה קונה, for that is why it said the first night, since the night they enter the chuppah is always the first night. But if one says חיבת ביאה קונה, then does biah only happen on the first night and not afterwards? Not at all, since sometimes it takes place on a subsequent night. This answer is unsuccessfully challenged.
- Rebbe Yehudah holds that a kallah must write a receipt because חכמים עשו חיזוק לדבריהם
In the Mishnah, Rebbe Yehudah said that a chosson reduces the amount in the kesubah by having the kallah write a receipt that she has been partially paid. The Gemara infers that this works because it was written down, אבל על פה לא – but if she was mochel part of the payment orally, the reduction would not take effect, and asks why. דבר שבממון הוא – It is a monetary matter and we have heard that Rebbe Yehudah holds: דבר שבממון תנאו קיים – with respect to a monetary matter, a tannai stands, even if it contradicts what is written in the Torah. For it was taught in a Baraisa: If one says to a woman: “You are mekudeshes to me on condition that you shall have no claim upon me for שארה כסות ועונה – food, clothing or marital relations, הרי זו מקודשת ותנאו בטל – she is thereby mekudeshes and the tannai is batel, divrei Rebbe Meir. But Rebbe Yehudah says: בדבר שבממון תנאו קיים – with respect to a monetary matter, the tannai stands. So why does Rebbe Yehudah say that the woman must write a receipt instead of waiving the kesubah orally? The Gemara answers, Rebbe Yehudah holds that a kesubah is d’Rabbanon וחכמים עשו חיזוק לדבריהם יותר משל תורה – the Chochomim strengthened their enactments more than they did to obligations from the Torah.
- Rebbe Meir holds a kesubah is d’Oraysa which is why the chosson cannot reduce the kesubah
In the Mishnah on Daf 54b, Rebbe Meir said that if one attempts to reduce the amount of the kesubah, הרי זו בעילת זנות – then it is considered a biah of zenus. The Gemara infers that Rebbe Meir’s expression of כל הפוחת – Anyone who attempts to reduce, means אפילו בתנאה – even through a tannai and is not successful. It seems that Rebbe Meir holds that the tannai is batel and she still gets the full amount, and yet, since he said to a besulah: “You only have a maneh,” לא סמכא דעתה והויא לה בעילתו בעילת זנות – she feels insecure about receiving the full amount, and the relations are considered a biah of zenus. The Gemara questions this, since we have learned that Rebbe Meir holds: כל המתנה על מה שכתוב בתורה תנאו בטל – If anyone makes a tannai against what is written in the Torah, the tannai is batel, but with respect to d’Rabbanons, the tannai stands? So why does Rebbe Meir hold that a tannai regarding the kesubah does not stand, if a kesubah is a d’Rabbanon? The Gemara answers that Rebbe Meir holds that a kesubah is a d’Oraysa.
