Kesubos - Daf 93
- מי שהיה נשוי שלש נשים ומת כתובתה של זו מנה ושל זו מאתים ושל זו שלש מאות
The next Mishnah states: מי שהיה נשוי שלש נשים ומת – If someone was married to three wives and he died, כתובתה של זו מנה ושל זו מאתים ושל זו שלש מאות – and the kesubah of this one was a maneh, and of this one two hundred zuz, and of this one three hundred zuz, ואין שם אלא מנה חולקין בשוה – and there is only a maneh in the estate, they divide it equally. Rashi explains that since all three women have liens on the estate for at least one hundred zuz, they divide the one hundred zuz equally. If there were two hundred zuz in the estate, the one with the kesubah of a maneh takes fifty zuz, while the ones with the kesubos of two hundred zuz and three hundred zuz take שלשה שלשה של זהב – three gold dinars, worth seventy-five zuz each. The Gemara asks why in the second case, does the wife with a kesubah of one maneh receive fifty zuz when she should only receive thirty-three and a third zuz, since the first maneh is divided equally as taught in the first case? Shmuel said: The Mishnah is dealing with a case where the owner of the two hundred zuz kesubah wrote to the owner of the maneh kesubah: דין ודברים אין לי עמך במנה – I have neither claim nor argument with you regarding the first maneh. The Gemara goes on to explain why in the second case, both she and the woman with the three hundred zuz kesubah receive equal amounts, if she removed herself from the first maneh.
- רישא בשתי תפיסות וסיפא בשתי תפיסות
Rav Yaakov from Nehar Pekod said in the name of Ravina a different explanation of the last two cases of the Mishnah. רישא בשתי תפיסות – The earlier case, where there were two hundred zuz in the estate, is dealing with two seizures of property: Initially, seventy-five zuz fell into their hands at one time, which was divided equally when they went to Beis Din. Then another one hundred and twenty-five zuz was taken at one time. Seventy-five zuz of that amount is divided equally among all three. Since each one had collected only twenty-five zuz, they all still had a claim of seventy-five zuz. The last fifty zuz was divided among the last two women with the larger kesubos. סיפא בשתי תפיסות – The latter case in the Mishnah where there were three hundred zuz is also dealing with two seizures. The first seizure was seventy-five zuz which was divided equally, and the second seizure was two hundred and twenty-five zuz. Seventy-five of it was divided equally, and then the next one hundred is divided between the two women with larger kesubos. The last fifty belongs to the woman with the three hundred zuz kesubah.
- שנים שהטילו לכיס השכר באמצע
Shmuel said: שנים שהטילו לכיס – If two people put money into a fund, this one a maneh and this one two hundred zuz, השכר לאמצע – the profit is divided equally. Rabbah said that it is logical to say that Shmuel was referring בשור לחרישה ועומד לחרישה – to an ox bought for plowing and used for plowing. Rashi explains that since each partner’s share is equally needed for the plowing, as the ox cannot plow without it the other person’s share, they divide the profits equally. But בשור לחרישה ועומד לטביחה – with an ox bought for plowing but used for slaughter, meaning the partners changed their mind and decided to shecht it, then each one takes his profit in proportion to his investment. Rashi explains that since the animal is being divided, they divide it in proportion to their shares. But Rav Hamnuna said even in this case, they split the profits equally. Since the partners did not stipulate at the outset that the profits would be split in proportion to the investment, it is assumed that the greater partner accepted to share the profits equally.
