Ketubot 76 - September 20, 24 Elul

Study Guide Ketubot 76

Today’s daf is sponsored by Tina & Shalom Lamm "With hakarat hatov to Hashem for the blessing of a new granddaughter, Aluma Mindel. Mazal tov to the parents, Peninah and Eitan Kaplansky."

After resolving a difficulty with Rava's interpretation of the Mishna, Rav Ashi brings a third approach to resolving the contradiction between the two parts of the Mishna. Rav Yehuda brought a halacha of Shmuel regarding a case where they bartered a donkey for a cow and the donkey died and it is unclear at what point - before the donkey owner acquired the cow or after. Shmuel holds that the burden of proof rests on the owner of the donkey and that can be derived from our Mishna. What case from our Mishna? A question is raised on this explanation of Shmuel from a braita and as a result, Rami bar Yechezkel explains Shmuel differently. The burden of proof rests on the person in whose possession the donkey was (owner of the cow). This fits in perfectly with our Mishna (in father's house, burden of proof is on the father; in husband's house, burden of proof is on the husband).