- Machlokes whether clothing is deducted from the kesubah and fieldhand’s wages
It was stated: אלמנה רב אמר שמין מה שעליה– With regard to the kesubah of an almanah, Rav said we evaluate the clothing on her, and deduct it from the kesubah payment. The mefarshim explain that the husband gave her the clothing on the assumption that she would stay with him. By claiming her kesubah, she is indicating that she is ready to look for another husband, in effect leaving him. Shmuel says, אין שמין מה שעליה – we do not evaluate the clothing on her and deduct it from the kesubah payment. He holds that he gave it to her unconditionally, and therefore, even when she seeks a new husband, she may keep it. Rav Chiya bar Avin said: וחילופה בלקיט – and the reverse applies in the case of the fieldhand. A fieldhand is one who lives in his employer’s home and does not receive a wage. In this case, he gave him clothes and when he leaves, his employer works out compensation for him. Rav holds that he does not deduct the value of the clothing, because here, the employer understood that the fieldhand was not going to stay with him indefinitely. Shmuel holds that here, the employer does deduct the value of the clothing from the wages, since the employer was not chayav to provide clothing. In the case of marriage, the husband is chayav to provide clothing, and that is why their value cannot be deducted from the kesubah payment. Rav Kahana taught that their positions are the opposite.
- One may add onto the kesubah, without concern for embarrassing those who cannot
The opening Mishnah of the fifth perek states: אף על פי שאמרו בתולה גובה מאתים ואלמנה מנה אם רצה להוסיף אפילו מאה מנה יוסיף – Even though they said, “A besulah collects two hundred zuz, and an almanah collects a maneh, if he wishes to add to the kesubah even one hundred maneh, he may add. The Gemara asks why the Mishnah must teach this since this is obvious, and answers, you might have thought קיצותא עבדו רבנן שלא לבייש את מי שאין לו – that the Rabbanon instituted a fixed amount for all kesubos so as not to embarrass one who does not have the ability to add on to the kesubah. Therefore, the Tanna is teaching that one may increase the amount.
- תנאי כתובה ככתובה דמי
The Gemara notes that the Mishnah does not state: רצה לכתוב – “If he wishes to write for her…” but rather, רצה להוסיף – “If he wishes to add…” Rashi explains that “wishes to write for her…” means that he wants to give the extra amount as a gift, unrelated to the kesubah. Since the Mishnah wrote, “he wishes to add…” this implies that he intends it to add it onto the amount instituted by the Rabbanon and considers it part of the kesubah. This supports the ruling of Rebbe Aivo in the name of Rebbe Yannai that: תנאי כתובה ככתובה דמי – a tannai in the kesubah is like the kesubah itself. This ruling has fourteen nafka minahs the first two being למוכרת או למוחלת – to a woman who sells or waives her kesubah. Rashi explains that the sale or waiving is not just in terms of the basic obligations of the one or two hundred zuz. Rather, it refers to the entire kesubah. The third nafka minah is למורדת – to a rebellious woman. Rashi explains that in a case when a wife refuses to have relations with her husband, Beis Din reduces her kesubah a certain amount each week. Since the tannai kesubah are considered the kesubah, the reduction continues until these additional amounts are depleted. Eleven more nafka minahs are listed.
