Kesubos - Daf 69

  • בת בעלת חוב דאבא

Ameimar said: בת יורשת הויא – A daughter is an inheritor of her father’s estate. Rashi explains that the one tenth of his estate that was enacted as a dowry, renders her an inheritor. After Rav Ashi clarifies that according to Ameimar this means that her brothers would not be able to oust her from the land of the estate by offering her cash, nor by offering her one plot of land instead of ten percent from each parcel of land, Rav Ashi’s position is stated that בת בעלת חוב הויא – a daughter is only a creditor with regard to collecting her one tenth. Rashi explains that this means that she can be forced to take the cash or a specific plot of land. After Ameimar retracted his position, the Gemara asks if the daughter is considered a creditor of her father or of her brothers? The nafka minah is למיגבא לבינונית שלא בשבועה וזיבורית בשבועה – whether she can collect average land without an oath, or inferior land with an oath. Rashi explains that if she is a creditor of her father, then she would be required to swear to the heirs that she has not already collected the debt and would only receive inferior land. The Gemara brings a proof that she is a creditor of her brothers, and therefore she collects average land, without an oath.

  •  המשליש מעות לבתו והיא אומרת נאמן בעלי עלי

The next Mishnah states: המשליש מעות לבתו – If one deposits money with a trustee for his daughter, in order to buy her a field for נכסי מלוג or as a dowry, והיא אומרת נאמן בעלי עלי – and she says, “I trust my husband,” which Rashi explains means that she wants him to give the money directly to her husband and he will buy a field for her when she wants to, יעשה השליש מה שהושלש בידו – the trustee should do as he was instructed to do. Rashi explains that he is chayav to buy the field, דמצוה לקיים דברי המת – since it is a mitzvah to fulfill the instructions of the deceased. Rebbe Yose says: וכי אינה אלא שדה והיא רוצה למוכרה הרי היא מכורה מעכשיו – If it were only a field and she wanted to sell it, it would be sold from this moment. Rashi explains that since there is no benefit in buying the field, because she could sell it immediately, they might as well listen to her. The Mishnah concludes that we only listen to her if she is an adult, אבל בקטנה אין מעשה קטנה כלום – but in the case of a ketanah, the acts of a ketanah are meaningless.

  •  Ilfa’s challenge

The Gemara relates that the great sage, and contemporary of Rebbe Yochanan (See Taanis Daf 21a), went and balanced himself on the mast of a sail, and said: If there is anyone who comes and tells me a Baraisa taught in the academy of Rebbe Chiya and Rebbe Oshaya, and I am unable to derive it from a Mishnah, I will fall from this mast and drown in the sea. A certain man quoted a Baraisa that said that if one says to a trustee:  תנו שקל לבני בשבת –“Give a shekel to my sons each week” instead of giving them their inheritance all at once, but it was appropriate to give them a selah (two shekels) because food prices increased, we give them a selah. But if he said: - אל תתנו להם אלא שקל “Give them only a shekel,” even though it is not enough for what they need, we give them only a shekel. And if he said: "If they die without any heirs, before the entire estate is gone, let others inherit whatever remains,” then no matter how the father instructed the trustee, we give them only a shekel. Ilfa responded: “Who is the Tanna of this Baraisa? It is Rebbe Meir, who says in our Mishnah, מצוה לקיים דברי המת – it is mitzvah to fulfill the words of the deceased.”