Ketubot 81 - September 25, 29 Elul

This month's learning is sponsored by Terri Krivosha for the refuah shleima of her husband Harav Hayim Yehuda Ben Faiga Rivah. "It was a zechut to be able to listen to Rabbanit Michelle’s live Daf zoom during the past three weeks while I was in Jerusalem." Today's daf is sponsored by Jason, Erica, and Raquel in honor of their mother, Patty Belkin's birthday. "Wishing a happy birthday to our amazing mother. Mom you renew and inspire us every day." Today's daf is sponsored for the shloshim of Howie Farkas, Shalom Tzvi ben Necha Dvora. If a woman dies while she is waiting to do yibum, does her yabam (the brother of her husband who is supposed to marry her) responsible to bury her? Abaye tries to prove that he does, as he inherits her ketuba from her first husband, and if he doesn't bury her, then he should be required to pay her ketuba to her heirs. Rava argues against this claim as the inheritance is from the brother, not from her, and he has no responsibility to pay the ketuba as a ketuba is not meant to be collected in the lifetime of the husband (when the wife is not free to marry as she pleases) and therefore, since the yabam was still alive and the wife was supposed to be married to him, the ketuba was not up for collection. This is derived from the wording of the ketuba "And when you get married to someone else, you will take what it written to you." Abaye rejects Rava's retort by pointing out that only Beit Shamai expounds the wording of the ketuba and he also holds (derived from laws of the Sotah) that a document that was meant to be collected is as if it's collected and since her ketuba was meant to be collected upon her husband's death, it is if it is hers already and that's why the yabam would be obligated to pay it in this case. In order to explain the fulfillment of the line in the ketuba "And when you get married to someone else, you will take what it written to you," according to Abaye, Rav Ashi explains that the "someone else" can be the yabam himself. Rava responds to Abaye by bringing a braita showing that one cannot claim a ketuba from a yabam. The proof is based on the fact that the braita suggests certain suggestions for a yabam who wants to access his brother's possessions. From the fact that the braita doesn't suggest to set aside money for her to get her ketuba payment, it is clear that the wife is not able to receive her ketuba in his lifetime, as Rava suggested earlier. Before answering the question, the Gemara questions why Rava didn't raise the same question from our Mishna. That question is answered by suggesting that our Mishna is just "good advice" and not the law. Then Abaye answers Rava's question by giving a different explanation as to why he can't put aside the ketuba money, as that would cause the wife to think that the husband dislikes her and wants to divorce her - and that is not good for a marriage!! What rights does a yabam have to his brother’s property in the event that he married his widow? Since the woman ketuba is liened to the property, he cannot sell it or promise it to anyone else. A case was brought in which he committed to his brother half the property, however, it was not his right to do that. However, even if he was not allowed to do it, it is valid anyway? There is a debate between Rav Yosef and Abaye about this. Rav Yosef tries to prove his position (that the sale is not valid) from a braita. Rav Manyumai, in support of Abaye says that the source he quoted is not a reliable source. Why?