Thursday 21 May 2015

Ketubot 109: Admon's Rulings

We learn three Mishnayot today.  Each of them is said to be one of the seven rulings of Admon.

First: When one apportions a dowry of money for his son-in-law and then cannot pay, his daughter must sit, betrothed but unwed, in her father's house until her hair turns white.  Admon says that she is believed when she says that this was her father's doing and not her own; she should be married or divorced and released. Rabbi Gamliel agrees.  

The Gemara clarifies that an adult woman should know whether or not her father is capable of paying the promised dowry.  However, a minor girl must be married or released, for she can not be held responsible for her father's actions.  The Gemara goes on to determine when rulings are in accordance with Admon.

Second: When a witness signs his name regarding ownership of a field, he is allowed to contest ownership later because the first owner might have been so intimidating that he felt compelled to sign without contest.  The rabbis disagree with this.  They note that once a person has used the field as a marker with relation to the fields around it, he has lost the right to contest ownership of the property.

The Gemara looks at signing documents: witnesses read documents before signing. Judges, however, do not - they are simply checking documents for signatures.  Word will get around when someone buys land, and so claimants will come forward quickly.  And if just a part of a field is used as a marker, the person can still make a claim regarding ownership.  At the end of this Gemara, we learn about a steward who notes that the father of the orphans he represents would want them to have the row of palm trees on his land.  HE is spoken of very highly as he advocated properly for the orphan children under his stewardship.

Third: If a person goes overseas and the path to his land has grown over during his absence, Admon believes that he can reestablish the shortest distance through others' land to his own as his path.  The rabbis say that instead he should buy back that portion of land, even if it is 100 dinars (one maneh) - or else he should fly to his land.  After more discussion, we learn that the rabbis acquiesce.  The landowner may say to the claimant that they will allow him to use the shortest route to his land as long as he stays silent about this favour.  If he speaks of it, the land will be sold to its previous owners who will create a new path at a cost.  

The Gemara ends with the story of a man who left a palm tree for his daughter. After the land was divided, she did not have access to the tree.  Another case involves a man who left two half-palm trees to his daughter; his business partner owned the two other half-trees.  The rabbis consider when two half-trees might be interpreted as being one whole tree.

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