Kesubos - Daf 76
- רישא "מנה לאבא בידך" וסיפא "מנה לי בידך"
The Gemara brings a third interpretation of the Mishnah on Daf 75a, where the reisha is a case when the kallah’s blemishes were discovered in her father’s house and the seifa is a case where they were discovered when she was in her husband’s house. Rashi explains that the following interpretation from Rav Ashi explains the entire Mishnah according to the view of Rabban Gamliel, that a chazakah of a body is sufficient to exact money from another. Rav Ashi said: רישא מנא לאבא בידך – The reisha, where she is still in her father’s house, is equivalent to someone saying, “You owe my father a maneh.” Since the girl is only mekudeshes, and if she were to get divorced, the kesubah would go to her father, as she is still a minor, the claimant against the husband is her father. Therefore, the chazakah of her body cannot be used to support his claim. וסיפא מנה לי בידך – The seifa, where the defect is discovered after she is married, is equivalent to someone saying, "You owe me a maneh,’’ since in that case the kesubah is paid to her. Therefore, her chazakah supports her claim for the kesubah. Rav Acha brei d’Rav Avya unsuccessfully challenges Rav Ashi.
- המחליף פרה בחמור
Rav Yehudah said in the name of Shmuel: המחליף פרה בחמור – If someone exchanges a cow for a donkey, ומשך בעל החמור את הפרה – and the original owner of the donkey pulled the cow to effect the kinyan, but the owner of the cow did not have a chance to pull the donkey before the donkey died, as it was in a different location at the time, and he now claims that the donkey died before the cow was pulled, so that the kinyan never took effect, על בעל החמור להביא ראיה שהיה חמורו קיים בשעת משיכת פרה – it is on the owner of the donkey to bring proof that his donkey was still alive at the time the cow was pulled. If he cannot prove it, he must return the cow to its original owner. Tosafos explains that even though the donkey owner has the advantage that the doubt arose in the cow owner’s reshus since it took place after the transaction, and the donkey had a chazakah of being alive, nonetheless, he must prove the donkey was alive at the time of the transaction. Since the whole kinyan is questionable because the donkey may have already been dead at time, the cow is assigned to its מרא קמא – its last definite owner. Shmuel’s statement concludes, ותנא תונא כלה – and the Tanna of our Mishnah teaches this principle regarding the kallah. The Gemara will analyze this final statement.
- ונכפה כמומין שבסתר דמי
The Mishnah had stated that the Chochomim said that the rulings were stated: במומין שבסתר – with regard to defects in unexposed parts of the body. Rav Nachman said: ונכפה כמומין שבסתר דמי – and epilepsy, where seizures cause the woman to fall to the ground, is like defects in unexposed parts of the body. The Gemara clarifies, והני מילי דקביע ליה זמן – this is only when the condition has a fixed time, so the woman can conceal it by not going out. But if the time is not fixed, כמומין שבגלוי דמי – it is like a defect in an exposed part of her body since her condition is probably known.
