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Aramaic I
| Question | Answer |
|---|---|
| ארוסה | Betrothed - remains in father’s house but is considered married and subject to the laws of adultery. Father can still cancel her vows. |
| נשואה | Married - under her husband’s domain |
| אלמנה | Widow - if she had children with the deceased, she may remain on her husband’s property and be supported by him. If she did not have children, she may remain on her husband’s property and supported. She may claim her ketubah and leave his property. |
| יְבָמָה | If the deceased husband had no children but he had paternal brothers, she has legal connection ziqah to the paternal brothers. After the death of her husband, she is in mourning for one month and must wait three months to know that she is not pregnant. |
| Shomeret Yavam | the woman awaiting levirate marriage, Yibum, or release from levirate marriage, ḥalitzah, is in the category of shomeret yavam and may not marry a non-paternal brother-in-law. She is legally less than full wife. |
| Yibum | she becomes a full wife but the ketubbah remains claimable from the deceased husband’s property if she is divorced by the yavam or if the yavam dies. |
| Tzon Barzel | This is property given by the wife at the marriage thats recorded in th Ketubbah. The husband possess the property and works it, but is required to return its full value at death or divorce. |
| Melog | Properties not listed in the Ketubbah. Husband has usufruct, returned to the wife upon divorce or death at changed value. |
| פְּלִיגִי | Difference |
| כְּשֶׁהִיא | She is as |
| What is the position of Ulla? | In the first half, she is like a betrothed woman, in the second she is like a married woman |
| קָסָבַר | "Holds" "Believes" |
| זִיקַּת | "Zikah" this is the levirate bond |
| וְקָסָבַר עוּלָּא: זִיקַּת אֲרוּסָה עוֹשָׂה סְפֵק אֲרוּסָה | "And Ulla holds that a zikah of the betrothed makes uncertainty of the betrothed" |
| What is the position of Rabba? | Instead of disagreeing about the substance of the property (gufa) and when she is dead in the seifa, they should argue about the use in her lifetime. She is sfeq she should have some rights to produce of melog. |
| According to Ulla, what does B''S argue in the Seifa? | Beit Shammai holds that the heirs of the husband and the heirs of the wife (her father and his heirs) have equal control of melog. |
| What is the position of Rabba on certainty? | In the reisha her position is certain, definitely owns the inherited property (= Melog), the claim of the yavam only doubtful because Ziqat Nesu’ah > sefeq/possible Nesu’ah. In the seifa she is dead and the heirs divide the properties. |
| What is the position of Abaye? | Abaye disagrees with Rabbah’s claim that doubtful claims cannot override definite claims. |
| What does Rav Ashi say? | The Mishnah does not teach: B”Sh: that the father’s heirs should divide with the husband’s heirs (=> that the husband’s heirs had de facto ownership/possession). Learn from this that B”Sh did not relate to what should be done about the ketubbah. |
| אָמַר רַב אָשֵׁי: מַתְנִיתִין נָמֵי דַּיְקָא — דְּקָתָנֵי: יַחְלוֹקוּ יוֹרְשֵׁי הַבַּעַל עִם יוֹרְשֵׁי הָאָב. וְלָא קָתָנֵי: יוֹרְשֵׁי הָאָב עִם יוֹרְשֵׁי הַבַּעַל.. | Rav Ashi Said: the mishna is also precise as it teaches: the husband’s heirs should divide up the property together with the father’s heirs, and does not teach: the father’s heirs should divide up the property together with the husband’s heirs. |
| What is Rava's position? | Both sections of Mishnah concern shomeret yavam. The reisha is a situation where the yavam did not make a ma’amar (commitment to perform yibum with yevamah) so there is less power for the yavam concerning melog properties. |
| אִי | If |
| אֲמַר לֵיהּ רָבָא: אִי דְּנָפְלִי לָהּ כְּשֶׁהִיא תַּחְתָּיו דְּבַעַל — דְּכוּלֵּי עָלְמָא לָא פְּלִיגִי דְּיָדוֹ עֲדִיפָא מִיָּדָהּ. | Rava says: If the property fell to her when she was married, everyone agrees, his hand is stronger than her hand. |
| What does Rava say of the ma’amar? | Rava maintains that the ma’amar for B”Sh makes her a definite arusah in order to prevent her co-wife from performing yibum. But the ma’amar is not strong to make her a definite nesu’ah. |
| What is ma’amar? | commitment to perform yibum with yevamah. |
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