Why Shmuel is nicknamed Shakud (שָׁקוּד)? TB Ketubot 43

A father is obligated to support his young unmarried daughter by providing her food and clothing. Because he supports her, he is entitled to his daughter’s wages or earnings (מַעֲשֵׂה יָדֶיהָ). Today’s daf TB Ketubot 43 asks the question who is entitled to the daughter’s wages when her father is dead. Does the estate, i.e. brothers who are required to support her, acquire them or does she get to keep the wages?

“Rabbi Avina (asks this question to Rav Sheshet-gg) explains the sides of the dilemma. One might say that the brothers stand in place of the father: Just as there, if their father is alive, her earnings go to the father, here too her earnings go to the brothers. Or perhaps this is not similar to the case of a living father. Why not? Because there, she is sustained from his own property, and therefore he is entitled to receive her earnings, whereas here, she is not sustained from their possessions but from the estate of their father, and consequently they should not receive her earnings.” (Sefaria org. translation)

Rav Sheshet teaches that the estate acquires her wages. Rav disagrees and teaches that she gets to keep her wages. The Gemara raises several difficulties concerning Rav Sheshet’s position and resolves them until the very end of the sugiya.

“This halakha was also stated by amora’im, as Rav Yehuda said that Rav said: In the case of a daughter who is sustained by the brothers, her earnings nevertheless belong to her. Rav Kahana said: What is the reason for this? As it is written with regard to slaves: “And you may make them an inheritance for your sons after you” (Leviticus 25:46), from which it is inferred: It is them, slaves alone, that you bequeath to your sons, and you do not bequeath your daughters to your sons. This verse teaches that a man does not bequeath a right that he has over his daughter to his son. All the rights a man possesses over his daughter are personal rights, which are not transferable by inheritance.

“Avimi bar Pappi said to Rabbi Zeira: Shakud said this halakha. The Gemara asks: Who is Shakud? This is a nickname for Shmuel. The Gemara asks: Didn’t Rav say it? The Gemara answers: One should say that Avimi bar Pappi meant that even Shakud said it, i.e., Shmuel also agreed with this ruling. Mar bar Ameimar said to Rav Ashi: The Sages of Neharde’a say as follows: The halakha is in accordance with the opinion of Rav Sheshet, that brothers who are sustaining their sister are entitled to her earnings. Rav Ashi said: The halakha is in accordance with the opinion of Rav, that her earnings belong to her. The Gemara concludes: And the halakha is in accordance with the opinion of Rav.” (Sefaria org. translation) Even Shmuel who usually disagrees with Rav, agrees with him in this case!

Why is Shmuel nicknamed Shakud (שָׁקוּד)? In modern Hebrew Shakud means diligent or hard-working. Rashi explains that he was nicknamed Shakud because he worked hard choosing his words so that they would be accepted as the halakha. In fact the halakha in monetary cases follows his position. The Arukh says he was nicknamed Shakud because he studied Torah all the time. He was a matmid (מתמיד). There are those who define Shakud as quick meaning Shmuel was a quick learner who could cover much material. By the way he was also nicknamed Aryokh (אריוך) as Rashi explains “שמואל קרי אריוך על שם שהיה בקי בדינין ושופט כמלך השופט על הארץ לשון ריכא מלך (ב"ב דף ד.):

-Shmuel was called Aryokh because he was an expert in laws and judged like a king who judges over the world. The root rikha means royalty or nobility. (TB Baba Batra 4a)” (TB Shabbat 53a)