Kesubos - Daf 97
- Machlokes how an almanah sells property from her deceased husband’s estate for mezonos
The Gemara asks regarding an almanah selling her deceased husband’s estate in order to get her mezonos, כיצד מוכרת – How does she sell it? Rebbe Daniel bar Rav Ketina said in the name of Rav Huna: מוכרת אחת לשנים עשר חדש ולוקח מפרנס אחת לשלשים יום – She sells property once every twelve months and the buyer provides support once every thirty days. Rashi explains that she sells enough property to support herself for the entire year, but the buyer only pays her in monthly installments. This is done so that if she remarried during the year, which would terminate her right to mezonos, the buyer will pay the balance to the heirs. But Rav Yehudah says: מוכרת לששה חדשים ולוקח מפרנס לשלשים יום – She sells property once in six months, and the buyer provides support once every thirty days. He holds that we try to sell the smallest piece of land that would still bring a decent price and land that can provide six months support would enable that. Ameimar ruled that the halachah is like Rav Yehudah that she may sell property once in six months and the buyer provides support once every thirty days.
- Is a sale of land rescinded if the seller no longer needs the money for his original intentions?
The question was asked: זבין ולא איצטריכו ליה זוזי הדרי זביני או לא הדרי זביני – If a person sold land because he needed money, but it turned out that he did not need the money, is the sale rescinded or not? Rashi explains that it was well known that he was selling the land to buy other land or a certain business, and then after he sold it, the owner of the land or business changed his mind and did not want to sell. The mefarshim explain that the Gemara is asking whether we consider the seller’s intentions at the time of the sale as if he stipulated that he is only selling because he needs capital, and if he no longer needs it, the sale is invalid? Or do we say that since no formal stipulation was stated, the sellers unexpressed intention is considered דברים שבלב – words only in the heart, and the sale is valid? The Gemara attempts to bring as a proof that the sale is rescinded from an incident where a certain man sold land to Rav Pappa to purchase oxen, but then it turned out that he did not need the money, and Rav Pappa returned the land to him. The Gemara rejects this proof for we can say that Rav Pappa went לפנים משורת הדין – beyond the letter of the law. After another unsuccessful answer is brought, the Gemara concludes that the land can be repossessed if the seller no longer needs the money.
- Does an almanah from erusin go to Beis Din to sell property from her husband’s estate?
The next Mishnah states: אלמנה בין מן האירוסין בין מן הנשואין מוכרת שלא בבית דין – An almanah, whether from erusin or nisuin, may sell property from her late husband’s estate without going to Beis Din. Rebbe Shimon says, if she was an almanah from nisuin she may sell without going to Beis Din, but from erusin she may only sell by going to Beis Din, מפני שאין לה מזונות – because she has no right to mezonos. The Gemara asks regarding the Tanna Kamma’s position, that while it makes sense that an almanah from nisuin can sell without Beis Din, because she has a pressing need for mezonos, we should not make her wait, but why should an almanah from erusin be able to sell without Beis Din? Ulla said: משום חינא – because of favor. Rashi explains that women will look favorably towards men if they can collect their kesubah easily without going to Beis Din. Rebbe Yochanan said: לפי שאין אדם רוצה שתתבזה אשתו בבית דין – because a husband does not want his wife to be disgraced by having to go to Beis Din to get approval for her sales. The nafka minah between the answers is a gerushah since her husband does not care if she is disgraced by having to go to Beis Din.
