Kesubos - Daf 64
- כותבין אגרת מרד על ארוסה ואין כותבין אגרת מרד על שומרת יבם
Rav Tuvi bar Kisna said in the name of Shmuel: כותבין אגרת מרד על ארוסה ואין כותבין אגרת מרד על שומרת יבם – We issue a certificate of rebelliousness against a rebellious arusah, but we do not issue one against a rebellious woman awaiting yibum. The Gemara challenges this ruling from a Baraisa that taught that a מורדת can be an arusah, a nesuah, and even if she is a niddah, or sick, and even if she is a shomeres yavam. This would imply that an אגרת מרד is written for a shomeres yavam as well? After a number of attempts to resolve the contradiction are refuted, the Gemara concludes that there is no contradiction, כאן כמשנה ראשונה כאן כמשנה אחרונה – the Baraisa’s ruling is in accordance with the initial Mishnah and Shmuel’s position is in accordance with the ruling of the later Mishnah. For it was learned in a Mishnah: מצות יבום קודמת למצות חליצה – the mitzvah of yibum takes precedence to the mitzvah of chalitzah. The initial Mishnah was when they had kavanah for the mitzvah of yibum, but now, that they do not have kavanah for the mitzvah, אמרו מצות חליצה קודמת למצות יבום – the mitzvah of chalitzah takes precedence before the mitzvah of yibum. Therefore, since a yevamah nowadays who rebels against her yavam is not denying him a mitzvah, she does not receive an אגרת מרד.
- Why the compensation for a rebellious husband is different than that for a rebellious wife
Rav Chiya bar Yosef said to Shmuel: What is different about the husband, that we compensate him for his wife’s rebelliousness on Shabbos by deducting from the kesubah, whereas we do not increase compensation for a wife for her husband’s rebelliousness on Shabbos? Shmuel answered that where the kesubah is being deducted because of her rebelliousness, לא מיחזי כשכר שבת – it does not have the appearance of Shabbos earnings, whereas in the case where her kesubah is increasing because of his rebelliousness, מיחזי כשכר שבת – it does have the appearance of Shabbos earnings. Rav Chiyah bar Yosef then asked why the man who rebels pays half the amount that a woman pays, and Shmuel answered that one can learn from the shuk of zonos, מי שוכר את מי – who hires whom? Rashi explains that since it is the man who hires the woman, his desire for relations is greater, and therefore his suffering is greater when deprived. Another reason: זה יצרו מבחוץ וזו יצרה מבפנים – A man’s frustration is exposed externally, whereas a woman’s frustration is hidden inside. Rashi explains that since a man’s frustration is visible to others, it causes him embarrassment. Therefore, his compensation is greater.
- המשרה את אשתו על ידי שליש לא יפחות לה משני קבין חטין
The next Mishnah states: המשרה את אשתו על ידי שליש – One who provides for his wife through a third party, לא יפחות לה משני קבין חטין או מארבעה קבין שעורין – may not give her less than two kabin of wheat per week, or less than four kabin of barley. Rebbe Yose said: לא פסק לה שעורין אלא רבי ישמעאל שהיה סמוך לאדום – No one awarded her a set amount of barley other than Rebbe Yishmael, who was near Edom. The Gemara explains later that the barley of Edom was of a poor quality and it took twice as much barley grain than wheat grain to produce the same amount of bread. The Mishnah continues to list various responsibilities the husband has to his wife, and the Gemara begins by seeking to identify the Tanna who rules that the wife must be given two kabin of wheat per week.
