Resources for Kesubos 93

1.     The משנה explains what to do if there are three women who all have a כתובה from the same guy and there isn’t enough money for all of them. רש"י explains that it must be that they all had a כתובה that was signed on the same day because if one of them had an earlier כתובה than the other then that person would have קדימה. The הפלאה asks that the חיוב כתובה doesn’t follow when the כתובה was written but rather when the marriage happened since the husband becomes חייב in the כתובה at that time, so why don’t we just find out who got married first? He answers that it must be that all three women claim they got married first and we have no עדים to prove who is right. However, the הפלאה proves from תוספות that תוספות can’t hold that the whole דין is based on a ספק. Rather, תוספות must hold that there is no שעבוד נכסים until the כתובה is signed, even though the חיוב כתובה is from the time of marriage. He also points out that the רמב"ם  in הלכות אישות פּרק י holds that you are allowed to marry multiple woman in one day even though one would have thought otherwise because of אין מערבין שמחה בשמחה. He suggest that theרמב"ם  learned this halacha from our סוגיא since it must be that al three women got married in one day.

2.     The משנה says something that is surprising to most of us. If two people invest in a shared company and one invests $100 and the other guy invests $200, they divide all the profits and losses evenly. At first glance this seems unfair. However, from the fact that רבה holds that an the animal which is sold by investors as pieces of meat will be split percentagewise, it seems  that the reason everything is normally split evenly has to do with the indivisibility of the investment. רש"י in ד"ה שור לחרישה explains the relevance of indivisibility as follows: since the first guy who invested $200 couldn’t have bought the animal for $300 without his friend, they are both equally the owner. That is similar to the ירושלמי quoted by the רא"ש in סימן י which says exactly that point. However, the רא"ש himself has an additional סברא. He says by the fact that the partnership happened without anyone saying anything gives the guy who invested less the opportunity to say that he only needed to invest less because he is the real brains behind the business, but of course everything will be split evenly. For that matter, he can use any אמתלא he wants. The idea is that if both parties didn’t say anything at the time they became partners its an אומדנא דמוכח that everything would be split evenly.

We seem to pasken like רב המנונא that the investment profits are always split. The רי"ף understands that this is only if it was originally bought for plowing and then sold. However, if it was originally bought to divided up as pieces of meat and then was in fact sold and divided it up as pieces then all would agree that they split the profit percentagewise. Similarly, if they bought fruit together or anything else which is divisible then it is also split percentagewise. The רא"ש argues and says that no matter what they always split everything evenly according to רב המנונא. There is an important סמ"ע in סימן קע"ו ס"ק ט"ו that says that the רא"ש’s reasoning that it is an אומדנא דמוכח that the partners meant to split everything evenly can only make sense לשיטתו that רב המנונא says to split the profits evenly in all cases. However, the רי"ף and רמב"ם  hold like רש"י that it has to do with the indivisibility of the animal. As such, if they bought it originally to divide it then the profits are split percentagewise.

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