Ketubot 86 - September 30, 5 Tishrei
Daf Yomi for Women - Hadran - A podcast by Michelle Cohen Farber
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Today's daf is sponsored by the Hebrew Hadran zoom learners in honor of the 1,000th daf of this cycle! "In honor of Rabbanit Michelle who paves the way for us by making the Talmud and its concepts accessible, by learning with us day in-day out, with a woman's perspective, unphased by difficulties along the way, and always with a smile." Rav Nachman had a female relative whose mother had sold her ketuba to someone else. He advised her to forgo the ketuba payment so that her father would keep the money and she would eventually inherit it. He later regretted advising her as he thought it was not befitting a prominent person to give this kind of advice to his relatives. If one buys a promissory note, what can be done to protect oneself from the creditor forgoing the loan? If one does forgo the loan, does the creditor need to compensate the one who purchased the promissory note? That depends on whether one holds that one is liable for causing damage indirectly. If a man who dies leaves money and land, and there are creditors and a widow who gets her ketuba, the creditor takes the money and the widow takes the land. If there is only one piece of land and not enough for both, the creditor gets it, so as not to prevent people in general from loaning money. Women don't need the same kind of encouragement to get married as women usually prefer to be married, even if it means they may have difficulty getting their ketuba money. Rav Papa had heard that Rav Chama had said in the name of Rava that a creditor can insist that the debtor sell his land and pay him in cash. However, it was incorrectly inferred from a particular situation that happened which had unique circumstances. If one holds that paying back a loan is only a mitzva, how can the courts enforce payment? Rav Papa explained that the law is more severe for one who does not fulfill a positive mitzva than for one who transgresses a negative commandment. If one gave a get to his wife to be valid in thirty days and the get was in the side of the public domain (and not in the wife's domain) on the thirtieth day, is the get valid? Rav and Shmuel disagree with Rav Nachman on this issue. What cases does each side bring to support their opinion? If a man appoints his wife to work in his store or manage his possessions, he can make her take an oath regarding financial issues whenever he wants. According to Rabbi Eliezer, he can even make her swear about wool she spun or dough she prepared (regular household duties). In what situation is Rabbi Eliezer referring to - a case where she needs to swear about something else for him (gilgul shevu'a) or even if not? The Mishna discusses a case where a husband exempted his wife from oaths and vows. Different wordings are mentioned as each one includes other situations, such as not allowing his heirs to make her take an oath or not permitting him to make her heirs take an oath.