Ketubot 84 - Tzom Gedalia - September 28. 3 Tishrei

Study Guide Ketubot 84

Rabban Shimon ben Gamliel holds that a man’s right to inherit his wife’s property is a Torah law and he cannot make a stipulation against a law in the Torah. It was said Rav held like Rabban Shimon ben Gamliel but not for the same reason. The Gemara brings four explanations for Rav - about what that Rashbag said did he agree and about what did he not agree? The first three suggestions are rejected. If someone dies and is owed money by someone or has an object being watched by someone, and there are a number of people who are owed money by the deceased, such as his widow (ketuba), a creditor and the heirs. Who has the first right to collect the money/object from the third party? If there are fruits detached from the ground and not on the property of one of the heirs, who has the first right to collect them? Rabbi Akiva and Rabbi Tarfon debate what is the law in these cases. Even though Rabbi Akiva doesn't allow the creditor or the widow to seize the money/object, that is limited to a case where the husband dies, but if they seized it when he was still alive, they can claim rights to it after his death. Rav and Shmuel disagree with Rabbi Yochanan and Reish Lakish about the opinion of Rabbi Tarfon - where do the possessions need to be in order to allow one of them to take it for themselves? A case was brought where they ruled like Rabbi Tarfon and when Reish Lakish heard this, he made them return the money to the heirs. Rabbi Yochanan disagreed with overturning the ruling. What was the basis for their disagreement? The Gemara first suggested that it is a debate regarding judges who rule incorrectly regarding something stated explicitly in a Mishna - do they need to undo the judgment and return the money or not? This suggestion is rejected and three other possible explanations are suggested. Rabbi Yochanan's relatives were owed money from a deceased man and they seized his cow. They went to Rabbi Yochanan for advice and he supported them. However, the case was brought before Reish Lakish and he ruled like Rabbi Akiva and made them return the cow to the heirs. Three other actual cases are brought - what was the ruling in each case?