(Mishnah - Beis Shamai): She may remarry and she receives her Kesuvah;

Beis Hillel say, she may remarry, but she does not receive the Kesuvah.

Beis Shamai: If she is believed to permit Ervah (Eshes Ish), which is stringent, all the more so she is believed about money, which is lenient!

Beis Hillel: We find that the brothers do not inherit based on her testimony. (SHIREI KORBAN - it says 'brothers', to teach that even if she did Yibum, he does not inherit his brother.)

Beis Shamai: We can learn from the Kesuvah. He writes to her 'if you will get married (i.e. be permitted to marry) to another, you will receive what is written to you'!

Beis Hillel retracted and agreed to Beis Shamai.

(Gemara) Question: Are daughters fed based on her testimony?

Beis Shamai make the Kesuvah Midrash (a source from which to learn Halachos);

Beis Shamai expound, we can learn from the Sefer Kesuvah. He writes to her 'if you will marry to another, you will receive what is written what is written to you'! Beis Hillel retracted to rule like Beis Shamai.

[After they retracted, also] Beis Hillel make the Kesuvah Midrash.

Hillel ha'Zaken expounded the wording of commoners that they used to write in Alexandria. When one was Mekadesh a woman, someone else from the market would seize her [and marry her]. The case came in front of Chachamim, and they wanted to make the children Mamzerim;

Hillel said 'take out the Kesuvos of their mothers [that they wrote at the time of Eirusin]!' They took out the Kesuvos, and found written in them 'when you will enter my house, you will be my wife like the law of Moshe and Yehudim.' (Therefore, the first Kidushin never took effect; the children are Kosher.)

R. Elazar ben Azaryah makes the Kesuvah Midrash;

(R. Elazar ben Azaryah): 'The sons will inherit and the daughters will be fed' - just like the sons inherit only after their father died, also the daughters are fed only after their father died.

R. Meir makes Kesuvah (what people write in documents) Midrash;

(R. Meir): If Reuven accepted to work Shimon's field [and he left it fallow], we estimate how much it was proper to produce, and he pays [this] to him, for he writes [in the contract] - 'if I will leave it fallow and not work it, I will pay what it would have produced.'

R. Yehudah makes Kesuvah Midrash;

(Beraisa - in the name of R. Yehudah): A man brings for his wife every Korban that she is obligated, even if she ate Chelev or was Mechalel Shabbos;

And so R. Yehudah said, if he divorced her, he is not obligated, for so she writes to him [in a receipt of payment of the Kesuvah, that she exempts] from Achrayus (responsibility) that you had [for my obligations] before this day.

R. Yosi makes Kesuvah Midrash;

(R. Yosi): In a place where the custom is to make a Kesuvah (dowry) like a loan (i.e. its proper value, the Chasan) collects everything (from his father-in-law, and if she later collects the Kesuvah, she collects the full amount). In a place where they [write] double the [true amount, her father gives half the amount written,] and she [when she collects the Kesuvah] collects only half.

R. Lazar ha'Kapar makes Kesuvah Midrash;

(R. Lazar ha'Kapar): One may not buy a Behemah, Chayah or bird unless he prepared food for it. (He learns from the Kesuvah, in which one writes 'I will work... and finance you', and the same applies to acquiring animals.)

R. Yehoshua ben Korchah makes Kesuvah Midrash;

(R. Yehoshua ben Korchah): If Reuven lent Shimon, he may not (later tell a Shali'ach of Beis Din to) take collateral worth more than the loan, for [when Reuven returns the security before the debt is repaid, Shimon] writes 'you will be paid [the value of this security] from property that comes to me and from what I will buy from now and onwards.' (If the security is worth more than the loan, this is not correct!)

Rav Huna makes Kesuvah Midrash;

(Rav Huna): 'The sons will inherit and the daughters will be fed' - just like the sons inherit [even] from Metaltelim, also the daughters are fed [even] from Metaltelim.

(Shmuel): The daughters are not fed from Metaltelim.

Support (for Shmuel - Mishnah): [It says in the Kesuvah] 'female children that you will have from me, they will dwell in my house and be fed from my property';

A Beraisa taught on this Mishnah says 'from land, and not from Metaltelim.' (Just like sons inherit [Kesuvas Benin Dichrin, i.e. an enactment that sons inherit their mother's dowry] only from land, also the daughters are fed only from land.)

(R. Ba bar Zavda): Rav Huna's opinion is like Rebbi, and Shmuel's opinion is like R. Shimon ben Elazar;

(Beraisa): The same applies to property with Achrayus (land) and property without Achrayus (Metaltelim) - we take from them for food for the widow and daughters. Rebbi says so;

R. Shimon ben Elazar says, property with Achrayus - [minor] sons take from [adult] sons (to divide it equally, and if he left only daughters, [minor] daughters take from [adult] daughters (to divide it equally), sons take from daughters (if the daughters took more than they need for food), and daughters take [for food] from sons [who inherited];

Property without Achrayus - sons take from daughters, but daughters do not take from sons (they are not fed from it).

They say that Rav Huna retracted [to hold like Shmuel].

They say, it is proper [that he retracted]. Inheritance is mid'Oraisa, and Kesuvah (Benin Dichrin) and food for the daughters are mid'Rabanan. [If nothing remains for Torah inheritance,] will [Chachamim's] words uproot Torah [inheritance]?!

Note: We assume that a person always leaves over Metaltelim, so if food is collected only from land, inheritance is not uprooted.

Rather, [Rav Huna and Shmuel] argue about [whether we collect from Metaltelim] the money of their mother's Kesuvah (it is like inheritance).

Objection: Money of their mother's Kesuvah (is Tenai Kesuvah, just like food for the daughters). Is it not [collected only from] land [according to everyone?! We explained this like CHESHEK SHLOMO.]

If one descended to his wife's property, and decided to divorce her, and he hastily detached from the land - he is zealous and gains (he keeps the Peros).

One who descends to Shevuyin property (of a captive), and he heard that [the owner] is coming, and he hastily detached from the land - he is zealous and gains;

This is Shevuyin property - his father, brother, or anyone whom he inherits went overseas, and he heard [falsely] that he died and he took it for an inheritance.

However, Netushin property, we take it from him.

This is Netushin property - his father, brother, or anyone whom he inherits went overseas, and he did not hear that he died and he took it for an inheritance.

R. Shimon ben Gamliel says, I heard that Shevuyin is [the same as] Netushin property, but Retushin property, we take it from him;

This is Retushin property - his father, brother, or anyone whom he inherits went overseas, and it is not known where he is.

(Shmuel): Shavuy is one who left unwillingly. Had he left willingly, [presumably] he would have commanded [his relative to work and guard the property]. Ratush is one who left unwillingly.

Support: He has a reason why he wants to divert from his property, for he left willingly and did not command him [to work the property]!

(R. Acha citing R. Ba citing Rav Yehudah citing Shmuel): The law of Retushin property does not apply to Metaltelim.

(R. Yakov bar Acha citing Rav Yehudah): Grain ready to be harvested, and vines ready to be harvested, they are [considered] Metaltelim (the law of Retushin does not apply to them).

Question (Rav Sheshes): These date trees in Bavel, [the dates] do not need to soften (PNEI MOSHE. What is their law?)

Answer: Is it not reasonable that we make them like grain ready to be harvested, and vines ready to be harvested?

(Mishnah): All are believed to say that Leah's husband died except for: her mother-in-law; her mother-in-law's daughter; her Tzarah; her Yevamah (the wife of her husband's brother); and her husband's daughter [from another woman].

What is the difference between Get (these women are believed to bring her Get) and death? The writing (the signed Get that she holds) proves [that her husband sent her to divorce her].

If one witness said that he died, and his wife remarried, and one witness came and said that he did not die, she does not leave (her new husband);

If one witness said that he died, and two say that he did not, even if she remarried, she must leave;

If two witnesses say that he died and one says that he did not, even if she did not yet marry, she may marry.

(Gemara - Beraisa): Just like [these women] are not believed about her, so she is not believed about them. (Because they hate her, she hates them.)

The son of her mother-in-law is [not believed about her,] like the daughter of her mother-in-law. The son of her husband [from another woman] is like the daughter of her husband.

Her Tzarah [is not believed to permit her], even if she (the Tzarah) already remarried. Her Yevamah [is not believed], even if she is her sister. (Even though they cannot be Tzaros, Chachamim did not distinguish in their decree.)

Question (R. Yosi): A Mishnah says that males are not like females (sons of her mother-in-law and husband are not like their daughters)!

(Mishnah): A woman is not believed to say 'my Yavam died' to permit herself to marry [a stranger], nor to say 'my sister died', to enter her house (marry her sister's husband), and a man is not believed to say 'my brother died' to do Yibum to his wife;

Inference: [He is not believed to say 'my brother died'] because she has no children (perhaps he lies in order to do Yibum), but if she has children, he is believed. (Really, it depends on whether or not her husband had children. Perhaps the text should say "Lo", and not "Lah".)

Question: Does the writing prove [by itself]? Do we not rely on her words?! If [a Shali'ach brought a Get from Chutz la'Aretz, and] he did not say 'it was written and signed in front of me', do you permit her to remarry?!

Answer (R. Yosi bei R. Bun): We answer like R. Bun said - [a husband] is not suspected [to tell Pesulim to sign the Get, and ruin his wife] bi'Ydei Shamayim. He is suspected [only] to ruin her in Beis Din;

Since he knows that if he comes and protests [that the witnesses are Pasul], his protest is Batel, he has Kosher witnesses sign it.

And here, since she knows that [Chachamim] did not make her words regarding her colleague to have any effect [if she will retract and say that she did not see it written or signed, and even if also the husband protests, he will not be heeded], she tells the truth.

Note: SEFER NIR asks that no Shali'ach is believed to retract! Perhaps the Gemara means that even one who is suspected to hate her will not be believed to say that she lied. (PF)

(Mishnah): If one witness said that he died...

If one witness said that he died, and she remarried, and one witness came and said that he did not die, she does not leave.

Inference: This is because [the second witness] said [that he did not die] after she remarried, but if he said so before she remarried, she leaves!

(R. Yochanan): This is R. Menachem bei R. Yosi's opinion, but Chachamim say, whether he said after she remarried, or he said before she remarried, she may not marry, but if she married, she does not leave. (R. Menachem and Chachamim discussed when two witnesses said that he died, and later two contradicted them. R. Yochanan teaches that they argue similarly about one witness and one witness.)

(Rav Nachman bar Yakov citing Rav): If she married based on two witnesses, even if [her husband] comes, we say to him 'you are not him' (you merely look like him).

Question (R. Shmuel bar Rav Yitzchak): Exert yourself [and you will find the answer]! If he was a distinguished man, like R. Imi [can we say that they err about him]?

Answer (R. Yosi bei R. Bun): Is there no person who resembles R. Imi?!

A case came in front of Rabanan there (in Bavel). They said to him 'you are not him!' Aba bar Ba got up and whispered in [the second husband's] ear 'give to her a Get amidst Safek' (perhaps this is the first husband, and the witnesses lied).

Rav's Talmidim rose and hit him. [Aba bar Ba] said 'the strap [used to lash me] burned and the bench [on which I was lashed] burned (this is a sign that I was lashed improperly).

Shmuel: I was there. The strap did not burn and the bench did not burn, but my father (Aba bar Ba) was lashed and [the Halachah] was established [like Rav].

A case came in front of R. Imi. He said [to the second husband] 'yes, my son, she is permitted to you - but know that children from that woman are [almost surely] Mamzerim according to what Shamayim knows.'

R. Ze'ira praised him - he establishes a matter in its clarity! (He fulfilled both opinions.)