Daf Yomi - Kesuvos 50 - Highlights

One Fifth to Charity

Rabbi Ila said: It was decreed in Usha that one who gives liberally to charity should not give more than a fifth of his wealth (for then, he will be forced to beg for support himself).

A braisa is cited to support this ruling: One who gives liberally to charity should not give more than a fifth of his money, for then, he will be forced to beg for support himself. There was an incident with a fellow who wished to give to charity more than a fifth of his wealth and his friend did not allow him to. Who was this friend? Rabbi Yesheivav. Others say: Rabbi Yesheivav wished to give to charity more than a fifth of his wealth and his friend did not allow him to. Who was this friend? Rabbi Akiva.

The Gemora cites a Scriptural verse which alludes to the one-fifth figure in regards to charity. (50a)

Age to Study Torah
Rav Yitzchak said: It was decreed in Usha that one should bear with his son who declines to study Torah (have patience with him and employ gentle means to induce him to study) until he is twelve years old. Afterwards, he may employ drastic measures (hitting him with a strap and withholding support to him) in order to force him to study.

The Gemora asks: Can this be correct? But Rav said to Rav Shmuel bar Shilas: Do not accept a student under the age of six; you shall accept a student of the age of six and stuff him like an ox!?

The Gemora answers: While it’s correct that a six year old should be stuffed like an ox, but he may not employ drastic measures until after he has reached twelve years of age.

Alternatively, I may say: This is no difficulty, since Rav’s ruling may have referred to studying Scripture, whereas the decree enacted in Usha was referring to the study of Mishna; for Abaye stated: Mother (referring to his nurse; his mother died while he was an infant, and his upbringing was entrusted to a nurse from whom he learned many proverbs, maxims, legends and folklore) told me that a child of six is ready for Scripture; a child of ten is ready for Mishna; a child in his thirteenth year is ready for a full twenty-four hours fast, and, in the case of a girl, one who is in her twelfth year (a girl is not weakened by studying Torah).

Rav Katina said: One who brings his son to study Torah under the age of six will run after him, but he will not succeed (in his efforts to restore his child to his normal health; his health will remain irrevocably ruined).

Others say: The young boy’s friends will run after him, but they will not succeed (in reaching his level of knowledge and scholarship).

The Gemora comments: Indeed, both versions are correct. He will be weak, but well learned.

Alternatively, you can say that the first version is referring to a boy that is week; the second version is referring to a healthy one. (50a)
Wife Selling Melog Property
Rabbi Yosi bar Chanina said: In Usha they decreed that a wife who sells her melog property (usufruct property - the property which the woman brings in with her from her father's house, and which is not recorded in the kesuvah, as well as property which comes to her by inheritance or as a gift after the marriage; this property is hers, and her husband is not responsible for it, since he may only usufruct (the right to use and enjoy the profits and advantages of something belonging to another as long as the property is not damaged or altered in any way) it; the term nikhsei melog is derived from the Aramaic word meligah, plucking, i.e., the husband plucks the property just as a chicken is plucked) while her husband is alive and she dies, the husband may take the land from the purchasers (since he is regarded as a purchaser from the time of his marriage; his purchase of the property predates their purchase).

Rav Yitzchak bar Yosef once met Rabbi Avahu who was standing among a crowd of people in Usha. Rav Yitzchak asked him: who is the master of the ruling of Usha? Rabbi Avahu replied: It is Rabbi Yosi bar Chanina. Rav Yitzchak bar Yosef learned this from him forty times, and afterward it was as if he had put it into his pocket (he memorized it). (50a)
Scriptural Expositions
It is written [Tehillim 106:3]: Praiseworthy are they that keep justice, who perform charity at all times. The Gemora asks: Is it possible to perform charity at all times? Our Rabbis of Yavneh explained, and others say that it was Rabbi Eliezer: This refers to a man who maintains his sons and daughters while they are still young (it is regarded as a charitable act since they are not legally obligated to support them). Rabbi Shmuel bar Nachmeini said: This refers to a man who raises an orphan boy or orphan girl in his house and enables them to marry.

It is written [ibid. 112:3]: Wealth and riches are in his house, and his charity endures forever. Rav Huna and Rav Chisda expounded the text in different ways. One said: It refers to a man who studies the Torah and teaches it to others. The other one said: It refers to a man who writes the Torah, Prophets and the Writings scrolls and lends them to others.

It is written [ibid. 128:6]: And you shall see your children's children; peace upon Israel. Rabbi Yehoshua ben Levi said: Once your children have children there will be peace upon Israel; for they will not be subject to chalitzah or yibum. Rabbi Shmuel bar Nachmeini said: Once your children have children, there will be peace for the judges of Israel, for doubtful claimants regarding inheritance will not come to quarrels. (50a)
Kesuvah for the Male Children
The Mishna had stated: This teaching Rabbi Elozar ben Azaryah taught in front of the sages in Kerem Be’Yavneh: The sons should inherit and the daughters should be supported. Just as sons only inherit after their father dies, so too daughters should only be supported after their father dies.

Rav Yosef sat before Rav Hamnuna, and Rav Hamnuna sat and said: Just like the sons only inherit land from their father, so too, the daughters are supported (from the male heirs) only from land.

Everyone screamed at Rav Hamnuna: Do you mean to say that if a father does not leave over land, the children do not inherit anything?

Rav Yosef said to Rav Hamnuna: Perhaps the master was referring to the kesuvah for the male children (if their mother dies first, they have exclusive rights to the land which was guaranteed by their father to their mother in her kesuvah, and they are not required to share this land with children born to their father from a different marriage)?

Rav Hamnuna replied: Master, who is a great man, knows what I am saying. (50a – 50b)
Supporting Orphan Girls with Moveable Property
Rav Chiya bar Yosef said: Rav would support orphan girls from the wheat of the aliyah (their father had no land and they needed to be maintained).

They inquired: Did Rav give them from that which they were promised for their diary (from their father, which can be collected even from moveable property) and what is the meaning of aliyah? Does it mean that we estimate the upper limit of their father’s generosity, and this would follow Shmuel’s opinion. For Shmuel said: With regard to a dowry, we estimate according to the disposition of their father (if he would be liberally generous or perhaps stingy; and accordingly, we can collect even from moveable property since it is not something which was designated in the kesuvah). Or perhaps, Rav was providing basic maintenance for the orphan girls and aliyah would mean according to the good things which were said in the upper chamber? For Rav Yitzchak bar Yosef said: It was decreed upon in the upper chamber that the daughters should be maintained even from moveable property (unlike all other obligations stipulated upon in the kesuvah, which may only be collected from land).

The Gemora cites the following proof: Rabbi Banai, the brother of Rabbi Chiya bar Abba had moveable property of orphans in his hands. The orphaned daughters came before Shmuel to claim them. Shmuel told Rabbi Banai: Go and support them (with the moveable property). The Gemora notes: Are we not speaking about their sustenance, and this would be following the opinion of Rav Yitzchak bar Yosef (who allows them to collect even from moveable property)?

The Gemora rejects the proof: It is referring to their dowry, and Shmuel is following his own opinion, for Shmuel said: With regard to a dowry, we estimate according to the disposition of their father (if he would be liberally generous or perhaps stingy; and accordingly, we can collect even from moveable property since it is not something which was designated in the kesuvah).

The Gemora records several related incidents: In Nehardea, they collected moveable property to sustain orphan girls. Rav Nachman disagreed with them and told them to return the property.

Rav Ami and Rav Assi wanted to collect moveable property to sustain orphan girls. They were told: if Rabbi Yochanan and Rish Lakish did not do like this, they shouldn’t either.

Rabbi Elozar wanted to collect moveable property to sustain orphan girls. Rabbi Shimon ben Elyakim told him: I know, my teacher that you are not acting according to the line of justice; rather, you are acting with compassion. However, there is a concern that the students will observe your judgment and they will think that this indeed is the correct halacha.

Rav Yosef once told inheritors to give dates that are on the mats to sustain an orphan girl. Abaye challenged him: Would you collect from dates for a creditor (obviously not; you would only collect from land)?

Rav Yosef responded: I was referring to dates that are fit to be used for mats (but they are still on the tree and are therefore regarded as land).

Abaye was not satisfied and he asked him: Since the dates are ready to be harvested, shouldn’t they be considered as if they already were harvested?

Rav Yosef replied: I was referring to dates that still require the palm tree. (50b – 51a)

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