Kesubos - Daf 96
- The melachos that a talmid does for his Rebbe
Rebbe Yehoshua ben Levi said: כל מלאכות שהעבד עושה לרבו תלמיד עושה לרבו חוץ מהתרת מנעל – All melachah that an eved does for his master, a talmid does for his Rebbe except for untying the sandals. Rashi explains that people seeing him do so will assume he’s an eved Canaani, who is prohibited to marry a regular Jew. Rava said that this ruling only applies where people do not recognize the talmid, and Rav Ashi said that even in a place where they do not recognize him, it is only a problem if he is not wearing tefillin. Rashi explains that it was uncommon for an eved Canaani to wear tefillin, since he is only chayav in mitzvos that a woman is obligated in. Rebbe Chiya bar Abba said in the name of Rebbe Yochanan: כל המונע תלמידו מלשמשו כאילו מונע ממנו חסד – Anyone who prevents his talmid from attending to him, is regarded as if he is withholding from him a chesed, as the passuk states: "למס מרעהו חסד" – By one who withholds kindness from his friend. Rav Nachman bar Yitzchak says: אף פורק ממנו יראת שמים – He also casts off from the talmid the fear of Shomayim, and is it stated at the end of that passuk, "ויראת שקי יעזוב" – and he abandons the fear of Hashem.
- אלמנה שתפסה מטלטלין במזונותיה מה שתפסה תפסה
Rebbe Elazar said: אלמנה שתפסה מטלטלין במזונותיה מה שתפסה תפסה – An almanah who seized moveable property as payment for her support, what she has seized she has seized, and she may keep it. Rashi explains that even though it was taught earlier that only a husband’s real property is mortgaged to pay for his almanah’s support, if she does seize it, Beis Din does not take it away from her. When Rav Dimi came from Eretz Yisroel to Bavel, he related: מעשה בכלתו של רבי שבתי – There was once an incident involving the daughter-in-law of Rebbe Shabsai, שתפסה דסקיה מלאה מעות – that she seized a sack full of money as payment of her mezonos, ולא היה כח ביד חכמים להוציא מידה – and the Chochomim did not have the power to take it out of her hands. Ravina said: ולא אמרן אלא למזוני אבל לכתובה מפקינן מינה – We only said this when she seizes it for her support, but if she seizes מטלטלין for her kesubah, then we do take them away from her.
- יתומים אומרים נתננו והיא אומרת לא נטלתי על מי להביא ראיה
Rebbe Yochanan asked: יתומים אומרים נתננו והיא אומרת לא נטלתי על מי להביא ראיה – If the yesomim claim, “We gave her money for support,” but the almanah claims, “I have not taken it,” upon whom is the burden to bring proof? נכסי בחזקת יתמי קיימי – Does the deceased husband’s property stand in possession of the yesomim and so it is on the almanah to bring proof, or נכסי בחזקת אלמנה קיימי – does the property stand in the possession of the almanah and it is upon the yesomim to bring proof? Rav Shimi bar Ashi said that this is like a machlokes Tannaim in the following Baraisa: An almanah may sell her late husband’s estate and should write in the shtar, אלו למזונות מכרתי ואלו לכתובה מכרתי – “These properties were sold to pay for my support, and these were sold my kesubah, divrei Rebbe Yehudah. But Rebbe Yose says: מוכרת וכותבת סתם וכן כחה יפה – She may sell the property without specifying why she sold it, and therefore her power is great. Rav Shimi bar Ashi explained that according to Rebbe Yehudah, she must specify the purpose of each sale, because he holds the property is in the possession of the yesomim. If she does not specify the purpose, they can claim that everything was sold for her kesubah, unless she brings proof. And Rebbe Yose holds that everything is in the possession of the almanah, and it is on the yesomim to bring proof. The Gemara brings two rebuttals to Rebbe Shimi bar Ashi’s explanation.
