ben
6594 occurrences across the corpus
The Jerusalem Talmud
Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar the caper grower insists on interpreting the contract text. Rebbi Eleazar the caper grower explained: nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text. Rebbi Joshua ben Qorḥa explained: a person lending money to another person should not take pledges except in court; he should not enter [the debtor’s] house to take the pledge, for he writes to him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”
Rebbi Yose insists on interpreting the contract text. Rebbi Yose explained: In a place where one treats the ketubah as a loan, she collects the entire amount. Where one doubles, she collects only half the amount. Rebbi Eleazar the caper grower insists on interpreting the contract text. Rebbi Eleazar the caper grower explained: nobody is permitted to buy domesticated or wild animals or birds unless he has food prepared for them. Rebbi Joshua ben Qorḥa insists on interpreting the contract text. Rebbi Joshua ben Qorḥa explained: a person lending money to another person should not take pledges except in court; he should not enter [the debtor’s] house to take the pledge, for he writes to him: “It will be paid by the property that came to my hand that I shall acquire corresponding to this [sum].”
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?
“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas; it was heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father or any person from whom he might inherit went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of broken persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known. Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of broken people. Rebbi Jacob bar Aḥa in the name of Rav: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?
Rabban Simeon ben Gamliel stated: For any hurt which has a fixed medical fee, she is healed from her ketubah. If it does not have a fixed medical fee, she is healed from the estate. As the following: A woman came to Rebbi Joḥanan. He asked her: Did your doctor give a fixed price? She said, no. Did not Rebbi Ḥaggai say in the name of Rebbi Joshua ben Levi: “Do not turn yourself into an pleader,” that one shall not disclose the judgment to a party? He knew her to be honest.
Rabban Simeon ben Gamliel stated: For any hurt which has a fixed medical fee, she is healed from her ketubah. If it does not have a fixed medical fee, she is healed from the estate. As the following: A woman came to Rebbi Joḥanan. He asked her: Did your doctor give a fixed price? She said, no. Did not Rebbi Ḥaggai say in the name of Rebbi Joshua ben Levi: “Do not turn yourself into an pleader,” that one shall not disclose the judgment to a party? He knew her to be honest.
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
HALAKHAH: ““The female children you will have by me,” etc. Rav Ḥisda said, if they became adults, they lost the support. If they married, they lost their dowries. Rebbi Ḥiyya stated: “If they became adults without being married or were married without being adults, they lost their support but not their dowries.” Rebbi Abin in the name of Hila: They all agree on the following: If a widow sues the heirs, she says I did not receive my ketubah, but the heirs say you received your ketubah. Before she remarried, the burden of proof is on the heirs that she received her ketubah. After she remarried, the burden of proof is on her that she had not received her ketubah. But did we not state: “If an orphan was married off by her mother or her brother and they wrote her [a dowry of] 150 zuz, after she grows up she can extract from them.” The reason, because she was underage. Therefore, a grown up gave up her claim. Explain it that she had received partial payment. Did not Rebbi Avina say in the name of Rebbi Assi: If a firstborn took as a simple [brother], this is prima facie evidence that he gave up his claim. Still, if she had received part payment. Rebbi Yose ben Rebbi Abun said, this one did not take anything from his primogeniture. There came a case before Rebbi Mana, who wanted to act following Rav Ḥisda. Rebbi Ḥananiah said to him, did not Rebbi Ḥiyya state, “if they became adults without being married or were married without being adults, they lost their support but not their dowries”? He said to him: I quoted a tradition, you quoted a Baraita. Let the tradition be disregarded before the Baraita.
MISHNAH: Even though they said that a virgin collects 200 [zuz] and a widow a mina, if he wants to add even 100 minas, he may add. If she became widowed or divorced, whether preliminarily or definitively married, she collects everything. Rebbi Eleazar ben Azariah says, definitively married, she collects everything; preliminarily married a virgin collects 200 [zuz] and a widow a mina since he added only with the idea to bring her in.
HALAKHAH: “Even though they said that a virgin collects 200,” etc. How does he become indebted to her? Do not Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, if somebody writes a debenture for another person under the assumption that he owes him and it turns out that he does not owe, [he does not have] to give to him! He wants to give much to be called X’s son-in-law. That is, if he decided this at the time of the preliminary marriage. What if he decided this at the time of the definitive marriage? He wants to give much for sexual relations with her, which are sweet. That is if he slept with her. If he did not sleep with her? He wants to give much for the acquisition he made. If he had decided at the preliminary marriage, at the definitive marriage, he already is called X’s son-in-law, sexual relations are nothing new, there is no new acquisition; from thereon he wants to give much that she should not change her mind. But can she? Was it not stated that “a man divorces only by his own will”? Rebbi Abin said, she makes his life miserable and he frees her.
Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: “How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons,” but only if it is a first marriage. This follows what Rebbi Ḥanania said: If somebody definitively married off his son in a house, the latter acquired the house, but only if it is a first marriage. Rebbi Hoshaia said, she acquired movables but did not acquire the house. Do they disagree? Rebbi Jeremiah in the name of Rebbi Abbahu: Explain it that his father used it for storage. Rebbi Ḥizqiah in the name of Rebbi Joshua ben Levi: It is needed in case what was stored was borrowed from the market. Rebbi Abbahu said, if he said it is loaned, he did not acquire it. There came a case before Rebbi Jacob ben Rebbi Abun and he instructed following Rebbi Abbahu. Rebbi Ze‘ira said, essentialy this has no basis but the rabbis build and add to it!
Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: “How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons,” but only if it is a first marriage. This follows what Rebbi Ḥanania said: If somebody definitively married off his son in a house, the latter acquired the house, but only if it is a first marriage. Rebbi Hoshaia said, she acquired movables but did not acquire the house. Do they disagree? Rebbi Jeremiah in the name of Rebbi Abbahu: Explain it that his father used it for storage. Rebbi Ḥizqiah in the name of Rebbi Joshua ben Levi: It is needed in case what was stored was borrowed from the market. Rebbi Abbahu said, if he said it is loaned, he did not acquire it. There came a case before Rebbi Jacob ben Rebbi Abun and he instructed following Rebbi Abbahu. Rebbi Ze‘ira said, essentialy this has no basis but the rabbis build and add to it!
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
When the time came and they were not definitively married, they eat from his property and [do not] eat heave. If the husbands died, they eat from his property and eat heave. Samuel, the brother of Rebbi Berekhiah, said: Only if the time was up on a Wednesday. What if the time was up on Tuesday or Thursday? Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina and Levi: Both say that he is as if the Sages had jailed him. Rebbi Joshua ben Levi said, if the delay is his fault, she is fed from his property.
When the time came and they were not definitively married, they eat from his property and [do not] eat heave. If the husbands died, they eat from his property and eat heave. Samuel, the brother of Rebbi Berekhiah, said: Only if the time was up on a Wednesday. What if the time was up on Tuesday or Thursday? Rebbi Ḥama bar Uqba in the name of Rebbi Yose ben Rebbi Ḥanina and Levi: Both say that he is as if the Sages had jailed him. Rebbi Joshua ben Levi said, if the delay is his fault, she is fed from his property.
It was stated: “Rebbi Ṭarphon says, one gives all heave to her, for heave is found everywhere. Rebbi Aqiba says, half profane [food] and half heave, for women frequently are impure for holy things.” It was stated: “Rabban Simeon ben Gamliel says, any place, where heave is mentioned, one gives her twice the corresponding amount of profane [food].
“If she spent six months for her husband and six months for the levir, she cannot eat heave. Not only six months for the levir but even all the time for the levir except for one day, she cannot eat heave.” The Mishna follows neither the earliest not the last Mishnah, but the intermediate development. As it was stated: First, they were saying that a preliminarily married woman, daughter of an Israel, could eat heave, for they were explaining: “If a Cohen acquires a person, acquistion by money;” for what would be the difference between one who acquires a wife and one who acquires a slave girl? They changed, to say: after twelve months, when he becomes responsible for her upkeep. The court of the later ones said: A woman never eats heave before she enters the bridal chamber. ”Already Rebbi Joḥanan ben Bagbag sent to Rebbi Jehudah ben Bathyra at Nisibis: They say in your name that the preliminarily married daughter of an Israel eats heave. He sent back the following: I had been convinced that you are knowledgeable in the secrets of the Torah, but you do not even know the rules de minore ad majus! Since money can acquire a Gentile slave girl to permit her to eat heave, but she cannot be acquired by sexual relations to permit her to eat heave, whereas a wife can be acquired by sexual relations to permit her to eat heave, it is only logical that money can acquire a wife to permit her to eat heave! But what can I do? They said that no woman eats heave before she enters the bridal chamber,” and they supported it by the verse: “Every pure person in your household shall eat it.” Rebbi Yudan said, that is an argument de minore ad majus that can be reversed! Because he could say to him, since a Gentile slave girl can be acquired by active possession to permit her to eat heave, what can you say about a wife who cannot be acquired by active possession? If an argument de minore ad majus can be reversed, the argument is invalid.
“If she spent six months for her husband and six months for the levir, she cannot eat heave. Not only six months for the levir but even all the time for the levir except for one day, she cannot eat heave.” The Mishna follows neither the earliest not the last Mishnah, but the intermediate development. As it was stated: First, they were saying that a preliminarily married woman, daughter of an Israel, could eat heave, for they were explaining: “If a Cohen acquires a person, acquistion by money;” for what would be the difference between one who acquires a wife and one who acquires a slave girl? They changed, to say: after twelve months, when he becomes responsible for her upkeep. The court of the later ones said: A woman never eats heave before she enters the bridal chamber. ”Already Rebbi Joḥanan ben Bagbag sent to Rebbi Jehudah ben Bathyra at Nisibis: They say in your name that the preliminarily married daughter of an Israel eats heave. He sent back the following: I had been convinced that you are knowledgeable in the secrets of the Torah, but you do not even know the rules de minore ad majus! Since money can acquire a Gentile slave girl to permit her to eat heave, but she cannot be acquired by sexual relations to permit her to eat heave, whereas a wife can be acquired by sexual relations to permit her to eat heave, it is only logical that money can acquire a wife to permit her to eat heave! But what can I do? They said that no woman eats heave before she enters the bridal chamber,” and they supported it by the verse: “Every pure person in your household shall eat it.” Rebbi Yudan said, that is an argument de minore ad majus that can be reversed! Because he could say to him, since a Gentile slave girl can be acquired by active possession to permit her to eat heave, what can you say about a wife who cannot be acquired by active possession? If an argument de minore ad majus can be reversed, the argument is invalid.
HALAKHAH: “If somebody dedicates his wife’s earnings,” etc. Rebbi Meïr says, it is sanctified as his property. Rebbi Joḥanan the Alexandrian says, it is profane as his property. Rebbi Simeon ben Laqish said, they disagree about the excess over five tetradrachmas. He explains it in the case of one who supports his wife with food but does not give her an obolus for her needs, as we stated: “If he does not give her an obolus for her needs, what she earns is hers”. Rebbi Joḥanan said, they disagree about the excess left after [the husband’s] death; for he explains it if he does not support her with food. But if he supports her with food, everybody agrees that it became dedicated. Rebbi Ze‘ira said, what one states there supports Rebbi Joḥanan: “When was this said? If he does not feed her. But if he feeds her, everybody agrees that it was sanctified.” But is not everything a wife has subject to the husband’s claim to its yield?
Rebbi Samuel ben Rav Isaac said, [the status] of her earnings is between them. Rebbi Meïr says, the earnings are susceptible to be dedicated from the first moment; Rebbi Joḥanan the Alexandrian says, the earnings are not susceptible to be dedicated from the first moment. “What I shall inherit from my father (today) is sold to you, what I shall catch today in my trap is sold to you; his words are valid.” Rebbi Abbahu in the name of Rebbi Joḥanan: If he takes out a loan for his father’s burial shrouds, if his father was sick or in mortal danger. Rebbi Abbahu in the name of Rebbi Joḥanan: Only if the trap was set. And Rebbi Abbahu said in the name of Rebbi Joḥanan: But as a dedication it would not be sanctified. Why? Because of the disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian. One could say, there is a difference about the dedication, because the trap is not usually successful. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember that both you and Rebbi Jeremiah were saying in the name of Rebbi Simeon ben Laqish: Who stated about the dedication, because the trap is not usually successful? The disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian! Rebbi Simeon ben Laqish has many a thought.
Rebbi Samuel ben Rav Isaac said, [the status] of her earnings is between them. Rebbi Meïr says, the earnings are susceptible to be dedicated from the first moment; Rebbi Joḥanan the Alexandrian says, the earnings are not susceptible to be dedicated from the first moment. “What I shall inherit from my father (today) is sold to you, what I shall catch today in my trap is sold to you; his words are valid.” Rebbi Abbahu in the name of Rebbi Joḥanan: If he takes out a loan for his father’s burial shrouds, if his father was sick or in mortal danger. Rebbi Abbahu in the name of Rebbi Joḥanan: Only if the trap was set. And Rebbi Abbahu said in the name of Rebbi Joḥanan: But as a dedication it would not be sanctified. Why? Because of the disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian. One could say, there is a difference about the dedication, because the trap is not usually successful. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember that both you and Rebbi Jeremiah were saying in the name of Rebbi Simeon ben Laqish: Who stated about the dedication, because the trap is not usually successful? The disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian! Rebbi Simeon ben Laqish has many a thought.
Rebbi Samuel ben Rav Isaac said, [the status] of her earnings is between them. Rebbi Meïr says, the earnings are susceptible to be dedicated from the first moment; Rebbi Joḥanan the Alexandrian says, the earnings are not susceptible to be dedicated from the first moment. “What I shall inherit from my father (today) is sold to you, what I shall catch today in my trap is sold to you; his words are valid.” Rebbi Abbahu in the name of Rebbi Joḥanan: If he takes out a loan for his father’s burial shrouds, if his father was sick or in mortal danger. Rebbi Abbahu in the name of Rebbi Joḥanan: Only if the trap was set. And Rebbi Abbahu said in the name of Rebbi Joḥanan: But as a dedication it would not be sanctified. Why? Because of the disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian. One could say, there is a difference about the dedication, because the trap is not usually successful. Rebbi Yose said to Rebbi Jacob bar Aḥa: Do you remember that both you and Rebbi Jeremiah were saying in the name of Rebbi Simeon ben Laqish: Who stated about the dedication, because the trap is not usually successful? The disagreement of Rebbi Meïr and Rebbi Joḥanan the Alexandrian! Rebbi Simeon ben Laqish has many a thought.
MISHNAH: These are the kinds of work a woman does for her husband: She grinds flour, bakes, launders, nurses her baby, makes his bed, and spins wool. If she brought a slave girl with her, she does not have to grind flour, bake, and launder. Two, she does not have to nurse her baby. Three, she does not have to make his bed or spin wool. Four, she sits in a chair. Rebbi Eliezer says, even if she brought him a hundred slave girls, he forces her to spin wool because indolence causes immorality. Rabban Simeon ben Gamliel says, also a man who by a vow forbids his wife to work must divorce her and pay her ketubah since idleness induces mental illness.
“She nurses her baby.” Rebbi Ḥaggai said, is says only “her baby,” therefore not twins. Why does it say “her baby”? As it was stated: “A man cannot force his wife to nurse another man’s child, nor can a woman force her husband to let her nurse another woman’s child. If she made a vow not to nurse her baby, the House of Shammai say that one removes the breast nipple from his mouth, but the House of Hillel say, one forces her. If she was divorced, one cannot force her if [the baby] is not used to her, but if he is used to her one forces her and pays her wages to nurse her baby.” How old is the baby if he can be presumed to know her? Rebbi Jeremiah in the name of Rav: Three months. But Rebbi Ze‘ira was staring at him. He asked him, why are you staring at me? Should I say to you following Samuel, since Samuel said, three days? Samuel follows his opinion, since Samuel said, I recognized the midwives who delivered me. Rebbi Joshua ben Levi said, I recognized the circumciser who circumcised me. Rebbi Joḥanan said, I recognized the women who kept my mother company.
It was stated: A baby suckles continuously until 24 months; after that he is as if an unclean creature would suckle, the words of Rebbi Eliezer. But Rebbi Joshua says, he suckles continuously even four or five years. If he stopped, one does not return him. How long? Rebbi Jacob bar Aḥa, Rebbi Jeremiah in the name of Rav: From hour to hour. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joshua ben Levi: Three days from hour to hour. It was stated: From hour to hour. Rebbi Hizqiyah, Rav: When has this been said? If he stopped while being healthy. But if he stopped because of sickness, one does return him. When there was no danger. But if it was because of danger, one returns him even after a number of days.
“If she brought”. Rebbi Samuel bar Rav Isaac said, not only if she brought but even if she could have brought. As it was stated: His wife ascends with him but does not descend with him; a widow and her children descend but do not ascend; workers ascend but do not descend. The daughter neither ascends nor descends. Rebbi Ḥiyya bar Jehudah said, because one cares for the slave girl. Rebbi Abun said, Because these labors are degrading, they are referred to as the slave girl’s. Rebbi Judah ben Rebbi Abun said, because usually a woman does not sit aimlessly in her house. Rav Huna said, even if she brought him 100 slave girls, he can force her to serve him with particular attention. What are services with particular attention? She rubs his body, washes his feet, and mixes him the cup. Why? Because she is obligated to do that, or because it is not appropriate to use a slave girl for these? If you say because it is not appropriate to use a slave girl for these, here she brought him slaves! It must be because she is obligated to do that. Rebbi Eudaimon in Sepphoris asked before Rebbi Mana: Is it not reasonable because she is obligated to do that? He said to him, that is what I am always thinking.
”The period mentioned in the Torah.” Some Tannaïm state: שְׁאֵר that is intercourse; עוֹנָה that is food. Some Tannaïm state: עוֹנָה that is intercourse; שְׁאֵר that is food. He who said שְׁאֵר is intercourse: “No person to the שְׁאֵר of his flesh;” עוֹנָה is food: “He fed you and made you hunger”. He who said שְׁאֵר is food: “He let rain on them שְׁאֵר like dust”; עוֹנָה that is intercourse, “that you should not deprive my daughters,” that refers to intercourse. Rebbi Eliezer ben Jacob explains the verse, “her flesh her garment”, that her garment should fit her flesh, that he should not give a young woman clothes of an old woman nor an old woman clothes of a young one. “Her garment her season”, that he should not give summer clothing for the rainy season nor that for the rainy season in summer. From where does he get food? Since he is not permitted to withhold from her things that are not necessities of life, not so much more things that are necessities of life! From where does he get the obligation of periodic intercourse? Since he may not withhold from her things which do not constitute the main reason for marriage, so certainly he may not withhold the things which constitute the main reason for marriage!
HALAKHAH: “For how long does one reduce? Up to the amount of her ketubah”, etc. Here you say seven, and there you say three? Rebbi Yose ben Rebbi Ḥanina said, since she is obligated for seven, he deducts seven; he, since he is obligated for three, has to add three. Think of it, if she brought him slaves, she is not obligated for anything! Think of it, if he stipulated [that he is not obligated for] either šĕ‘ēr, or dress, or ‘onāh, he is not obligated for anything! What is it? Following Rebbi Joḥanan, that the suffering of the male is greater than that of the female. That is what is written: “It was when she had nagged him day after day and pressured him.” What means “and pressured him”? Rebbi Isaac ben Eleazar said, that she slipped away from under him. “He felt badly, to die”. He felt badly, ready to die, but she did not feel badly, to die. But some say that she fulfilled her needs with others. So much more she should have wanted, since Rebbi Naḥman said in the name of Rebbi Naḥman: This human limb, if you starved it you satisfied it, if you satisfied it you starved it.
HALAKHAH: “For how long does one reduce? Up to the amount of her ketubah”, etc. Here you say seven, and there you say three? Rebbi Yose ben Rebbi Ḥanina said, since she is obligated for seven, he deducts seven; he, since he is obligated for three, has to add three. Think of it, if she brought him slaves, she is not obligated for anything! Think of it, if he stipulated [that he is not obligated for] either šĕ‘ēr, or dress, or ‘onāh, he is not obligated for anything! What is it? Following Rebbi Joḥanan, that the suffering of the male is greater than that of the female. That is what is written: “It was when she had nagged him day after day and pressured him.” What means “and pressured him”? Rebbi Isaac ben Eleazar said, that she slipped away from under him. “He felt badly, to die”. He felt badly, ready to die, but she did not feel badly, to die. But some say that she fulfilled her needs with others. So much more she should have wanted, since Rebbi Naḥman said in the name of Rebbi Naḥman: This human limb, if you starved it you satisfied it, if you satisfied it you starved it.
Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A wife who leaves because of a bad reputation has no rags; the rebellious one has rags. Rebbi Simon in the name of Rebbi Joshua ben Levi: The rebellious one and the one who leaves because of a bad reputation can claim neither sustenance nor rags.
Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A wife who leaves because of a bad reputation has no rags; the rebellious one has rags. Rebbi Simon in the name of Rebbi Joshua ben Levi: The rebellious one and the one who leaves because of a bad reputation can claim neither sustenance nor rags.
She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.
She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.
She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.
She has no claim to wine since poor Jewish women do not drink wine. Do rich women drink? Did we not state: It happened that the Sages assigned to Martha bat Boethos two se‘ah of wine every day. How can the court assign wine? Rebbi Ḥiyya bar Ada said, because of “Whoring, wine, and cider will destroy the mind.” But did we not state: ”If she was nursing, one reduces the amount of her work and increases her food”? Rebbi Joshua ben Levi said wine, for it increases the milk. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joḥanan: Also they assigned it for cooking. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her collecting barley grains between horses’ hooves at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …” “If you have no experience, most beautiful of women, go following the flock …”. But did we not state: It happened that the Sages assigned to Miryam, the daughter of Simeon ben Gorion, a daily supply of perfume for 500 denar, when she was only waiting for her levir. Nevertheless, she cursed them and said to them, so you should give to your daughters. Rebbi Aḥa said, and we answered her, Amen. Rebbi Eleazar ben Rebbi Ẓadoq said, I should not see consolation if I did not see her bound with her hair to a horse’s tail at Acco. I quoted about her the verse: “The dainty one among you and the pampered, …”.
MISHNAH: What a woman finds or makes with her hands belongs to her husband. Of what she inherits he eats the yield during her lifetime. [Payments she receives for] settlements for shame and diminution of value belong to her; Rebbi Jehudah ben Bathyra says, in case it is covered, she receives two thirds and he one third; in case it is visible, he receives two thirds and she one third. His part shall be given immediately; her part shall be invested in real estate and he eats its yield.
HALAKHAH: “What a woman finds or makes with her hands belongs to her husband,” etc. Rebbi Ḥizqiah in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: One said, this is everybody’s opinion, the other said it is in dispute. We do not know who said what. It is reasonable that Rebbi Simeon ben Laqish should be the one who said it is in dispute since he explained that [the husband] provides her with food but does not give her a silver obolus as pocket money, and we did state: “If he does not give her a silver obolus as pocket money, what she makes with her hands is hers.” The work of her hands is parallel to what she finds. Rebbi Jacob bar Immi came in the name of Rebbi Simeon ben Laqish: It is everybody’s opinion. That means that Rebbi Simeon ben Laqish varies in his opinions.
HALAKHAH: “What a woman finds or makes with her hands belongs to her husband,” etc. Rebbi Ḥizqiah in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: One said, this is everybody’s opinion, the other said it is in dispute. We do not know who said what. It is reasonable that Rebbi Simeon ben Laqish should be the one who said it is in dispute since he explained that [the husband] provides her with food but does not give her a silver obolus as pocket money, and we did state: “If he does not give her a silver obolus as pocket money, what she makes with her hands is hers.” The work of her hands is parallel to what she finds. Rebbi Jacob bar Immi came in the name of Rebbi Simeon ben Laqish: It is everybody’s opinion. That means that Rebbi Simeon ben Laqish varies in his opinions.
HALAKHAH: “What a woman finds or makes with her hands belongs to her husband,” etc. Rebbi Ḥizqiah in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: One said, this is everybody’s opinion, the other said it is in dispute. We do not know who said what. It is reasonable that Rebbi Simeon ben Laqish should be the one who said it is in dispute since he explained that [the husband] provides her with food but does not give her a silver obolus as pocket money, and we did state: “If he does not give her a silver obolus as pocket money, what she makes with her hands is hers.” The work of her hands is parallel to what she finds. Rebbi Jacob bar Immi came in the name of Rebbi Simeon ben Laqish: It is everybody’s opinion. That means that Rebbi Simeon ben Laqish varies in his opinions.
HALAKHAH: “What a woman finds or makes with her hands belongs to her husband,” etc. Rebbi Ḥizqiah in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree: One said, this is everybody’s opinion, the other said it is in dispute. We do not know who said what. It is reasonable that Rebbi Simeon ben Laqish should be the one who said it is in dispute since he explained that [the husband] provides her with food but does not give her a silver obolus as pocket money, and we did state: “If he does not give her a silver obolus as pocket money, what she makes with her hands is hers.” The work of her hands is parallel to what she finds. Rebbi Jacob bar Immi came in the name of Rebbi Simeon ben Laqish: It is everybody’s opinion. That means that Rebbi Simeon ben Laqish varies in his opinions.
HALAKHAH: “If she decided to bring him 1’000 denars,” etc. Why did they say for money, one and one half times, and for estimations less one fifth? Rebbi Yose ben Ḥanina said, one estimates the will of the woman that she wants to use her vessels and depreciates them by a fifth. One estimates the will of the man to use it in trade and to make them one and one half. Rebbi Yose said, this implies that nobody has the right to sell his wife’s vessels. Example: Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi went to appraise for Rebbi Yose ben Ḥanina’s daughter. They said to [the groom]: Deduct a fifth and double. He said to them, he deducts a fifth and does not double.
HALAKHAH: “If she decided to bring him 1’000 denars,” etc. Why did they say for money, one and one half times, and for estimations less one fifth? Rebbi Yose ben Ḥanina said, one estimates the will of the woman that she wants to use her vessels and depreciates them by a fifth. One estimates the will of the man to use it in trade and to make them one and one half. Rebbi Yose said, this implies that nobody has the right to sell his wife’s vessels. Example: Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi went to appraise for Rebbi Yose ben Ḥanina’s daughter. They said to [the groom]: Deduct a fifth and double. He said to them, he deducts a fifth and does not double.
MISHNAH: If she decided to bring him money, each tetradrachma is turned into six denars and the groom engages himself for ten denars for the perfume box for each mina; Rabban Simeon ben Gamliel says, all follows local custom.
”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”
HALAKHAH: “If somebody makes a vow that his wife should not have any usufruct from him,” etc. There, we have stated: “If somebody by a vow bars his wife from sexual intercourse,” and here you say so? There, he makes a vow to separate her from his body, but here he makes a vow to separate her from his property. But can anybody make a vow not to pay his debt? Rebbi Yose ben Ḥanina said, since in the future he will divorce her, pay her the ketubah, and stop her food supply, it is as if there was no debt. Why could she not sit there and wait; if he divorced her everything would be in order, otherwise let him provide her with food? It follows him who said that the wife’s food is not from words of the Torah, as it was stated: The court will not determine food for the wife from Sabbatical money, but she may be given Sabbatical produce to eat at her husband’s. Then should she not be considered as a worker not worth a peruṭah? This proves that she is not considered as a worker not worth a peruṭah.
Rebbi Joḥanan said, they taught that about the pursueds’ holiday. What is the pursueds’ holiday? Rebbi Yose ben Rebbi Bun said, that is the first holiday when her father drives her to her husband’s house.
Rebbi Ḥanin stated in the name of Rebbi Samuel: Both for women about whom they said that they have ketubah as also those about whom they said they leave without ketubah, as the minor, the secondarily prohibited, and the she-ram, did they speak about a mina or 200 [zuz]? But even if the ketubah was a thousand denars, she loses, but she takes her existing rags. But the one who leaves because of a bad reputation loses everything. Can she take her paraphernalia? Rebbi Ze‘ira said, she takes. Rebbi Hila said, she does not take. Rebbi Hila, Rebbi Yasa, Rebbi Abba bar Cohen mention it in the name of Rebbi Ḥanina ben Gamliel: Both women about whom they said that they leave without ketubah, did they speak about the ketubah of a mina or 200 [zuz]? But even if the ketubah was a thousand denars, she loses. Rebbi Simon said, Rebbi Joḥanan: All the Mishnaiot are connected to this baraita. Rebbi Mana said before Rebbi Yasa: About which baraita? Of Rebbi Ḥanin from Samuel? He said to him, it is everybody’s opinion. And Rebbi Ḥiyya formulated so: “Women who infringe upon the law lose everything.
HALAKHAH: “If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her,” etc. “If she had bodily defects, as long as she is in her father’s house,” etc. We have stated defects. Which vows? Rebbi Joḥanan said in the name of Rebbi Simeon ben Yoṣadaq: If she vowed not to eat, or not to drink wine, or not to wear dyed garments. Rebbi Ze‘ira said, the fine linen garments which come from Bet She‘an have the status of dyed garments. Rebbi Yose said, the Mishnah deals with the case that he said to her, “on condition that you have no obligation of vows on you.” But if he said, “on condition that you have no obligation of any vow on you,” then even if she made a vow not to eat carob fruit it is a vow.
Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.
Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.
Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.
Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.
“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ammi bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects,” and this is of the visible defects! Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar his measure is half an ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautyiful for a woman and a defect for men, and we did not state: In addtion, for a man women’s breasts.
“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ammi bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects,” and this is of the visible defects! Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar his measure is half an ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautyiful for a woman and a defect for men, and we did not state: In addtion, for a man women’s breasts.
“And all defects which disqualify a priest disqualify a woman. They added to them for women mouth odor, sweat odor, and a hairless mole.” Rebbi Ammi bar Uqba in the name of Rebbi Yose ben Ḥanina: They taught this about the skin of the face. But did we not state: “When was this said? For hidden defects, but he has no claim about visible defects,” and this is of the visible defects! Explain it if she hid it under her headgear. It was stated: “A mole with hairs is a defect, whether it be large or small, whether it be on the body or on the face. Without a hair it is a defect on the face but not on the body. When has this been said? If it is small. But if it is large, it is a defect whether it be on the body or on the face. How big is large? Rabban Simeon ben Gamliel says, up to an Italic as.” Rebbi Eleazar bar Ḥanina said, for example such a Gordianic denar his measure is half an ubiquitous gold piece. Rebbi Radifa, Rebbi Jonah: Rebbi Jeremiah asked: A bald woman with a row of hair going from one ear to the other? They wanted to understand it from the following: “They added to them for women mouth odor, sweat odor, and a hairless mole.” They did not mention baldness. They wanted to conclude that it is not a defect. There came Rebbi Samuel the son of Rebbi Yose ben Rebbi Abun: Rebbi Nasa said, it is a defect. It is listed only if it is ugly for both sexes. But something which is beautiful in one sex but ugly in the other, like a bald pate, even though it is a defect it was not listed. You should know that this is so because a beard is beautiful for a man and a defect for a woman, and we did not state: In addition, for a woman a beard. There are breasts which are beautyiful for a woman and a defect for men, and we did not state: In addtion, for a man women’s breasts.
MISHNAH: If a man developed defects, one does not force him to divorce. Rabban Simeon ben Gamliel said, when has this been said? For minor defects. But for major defects one forces him to divorce.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.” But if they developed newly, one forces him to divorce. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel. There came a case before Rebbi Jeremiah about a kopeaḥ, and he forced him. It turns out that following Rav if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later? If the former, until she made a condition. If the later, even if he made a condition it is nothing. But this Mishnah turns out following Rabban Simeon ben Gamliel; does “the following one forces to divorce” [follows] the rabbis? Let us hear from the following: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel; “the following one forces to divorce” [follows] the rabbis.
It was stated: “Rabban Simeon ben Gamliel said, I met an old man, smitten with boils, from Sepphoris. He told me, there are 24 kinds of boils; the worst one, and the one for which a woman is bad, is flowing boils. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: With the latter kind, the evil Pharao was smitten; that is what is written: “The Eternal smote Pharao and his house with great plagues,” etc. Rebbi Berekhia said: Because he dared to touch the matron’s body. There are 24 kinds of cedar, and from all of them the verse mentioned only seven. That is what is written: “I shall give in the desert cedar, acacia, myrtle, and oil wood; I put in the prairie beroš, tidhar, and teaššur together. Beroš is cypress; tidhar is idra;teasššur is the box-tree. They added to them ’allonim, ‘armonim, and ’almogim. ’Allonim are oaks, ‘armonim plane trees, ’almuggim aloës.
MISHNAH: If she inherited property after she was definitively married, both agree that if she sold or gave away the husband retrieves from the hand of the buyers. [If she interited] before she was definitively married and [sold] after she was definitively married, Rabban Gamliel said if she sold or gave away it is valid. Rebbi Ḥanina ben Aqiba said, they said before Rabban Gamliel: If he obtained the right to the woman, did he not also acquire the right to the property? He said to them, are we not ashamed about the new [properties], and you want to burden us with the old ones?
HALAKHAH: “If she inherited after she was definitively married,” etc. We did state: She may sell or give away and it is valid. Rebbi Ḥiyya stated: She should not sell or give away, but if she sold or gave away it is valid. ”Rebbi Ḥanina ben Aqiba said, that is not what Rabban Gamliel gave as answer, but the following was his argument: No, if you have an argument about a preliminarily married one, where he has rights neither to what she finds, nor to her handiwork, nor to dissolve her vows, what can you say about a definitively married one where he has rights to what she finds, to her handiwork, and to dissolve her vows? Let the proof be the case of one who [inherited] before the definitive marriage and then was definitively married, in which case he has rights to what she finds, to her handiwork, and to dissolve her vows, and you admit to us that she should not sell or give away. He said to them, I agree that she should not sell or give away, but if she sold or gave away it is valid..” There came a case before Rebbi Immi. He said, is not Rabban Gamliel’s an isolated opinion? One cannot rely on it. A baraita supports him and disagrees with him: ”Our teachers took up the case again, voted, and instructed about property which she inherited before the definitive marriage and then was definitively married, that she should not sell or give away, and if she sold or gave away it is invalid.” It disagrees that the sale is invalid. It agrees that our teachers took up the case again, instructed, and voted. Before they voted, they did not disagree with him.
HALAKHAH: “Rebbi Simeon differentiates between properties,” etc. Rebbi Joḥanan said, properties known to the husband are real estate, those not known to the husband are movables. Rebbi Yose ben Ḥanina said, properties known to the husband are those she inherited in the presence of the husband, those not known to the husband are those she inherited while her husband was overseas. A baraita supports Rebbi Yose ben Ḥanina: The following are properties not known to the husband, what she inherited while her husband was overseas.
HALAKHAH: “Rebbi Simeon differentiates between properties,” etc. Rebbi Joḥanan said, properties known to the husband are real estate, those not known to the husband are movables. Rebbi Yose ben Ḥanina said, properties known to the husband are those she inherited in the presence of the husband, those not known to the husband are those she inherited while her husband was overseas. A baraita supports Rebbi Yose ben Ḥanina: The following are properties not known to the husband, what she inherited while her husband was overseas.
HALAKHAH: “If she inherited money; real estate should be bought,” etc. Rebbi Jeremiah said, this is Rebbi Meïr’s opinion since Rebbi Meïr considers standing [produce] as if it were cut. Rebbi Yose said, he did not hear that Rebbi Yose ben Ḥanina said, Rebbi Meïr said this only for standing grain ready to be harvested and grapes ready to be harvested; therefore not unripe produce. But here, even unripe produce. Rebbi Jeremiah asked, are not the arguments of Rebbi Meïr contradictory? There, he did not consider standing [produce] as if it were cut, but here he considers standing [produce] as if it were cut. Rebbi Joḥanan said, Rebbi Meïr does not consider standing [produce] as if it were cut. But if you see cut grain, you empower the woman; if you see an unseeded field, you empower the man. In case of doubt you estimate how much it is worth unseeded and how much seeded. If before it was seeded it was worth (two denars) and when it was seeded (one denar), with that denar real estate should be bought and he reaps its yield.
HALAKHAH: “Rebbi Simeon says, in the circumstances where he was empowered,” etc. You say, at her entrance they are his: If she sold them they are not sold, if she gave them to a sharecropper he has the reward from it, if she dedicated them as First Fruits they are not dedicated You say, at her exit they are hers, if he sold them they are not sold, if he gave them to a sharecropper she has the reward from it, if he dedicated them as First Fruits, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, since they disagreed: (Deut. 26:11): ‘You shall enjoy all the good things that the Eternal, your God, gave to you and your house.’ This teaches that a person brings First Fruits from his wife’s property.” Rebbi Simeon ben Laqish said, after her death but not during her lifetime. Rebbi Joḥanan said, there is no difference, during her lifetime and after her death. Rebbi Simeon ben Laqish follows his own opinion since he said, a person does not inherit from his wife as a biblical rule. In the opinion of Rebbi Simeon ben Laqish it never was dedicated. In the opinion of Rebbi Joḥanan it is dedicated and the holiness is removed.
HALAKHAH: “Rebbi Simeon says, in the circumstances where he was empowered,” etc. You say, at her entrance they are his: If she sold them they are not sold, if she gave them to a sharecropper he has the reward from it, if she dedicated them as First Fruits they are not dedicated You say, at her exit they are hers, if he sold them they are not sold, if he gave them to a sharecropper she has the reward from it, if he dedicated them as First Fruits, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, since they disagreed: (Deut. 26:11): ‘You shall enjoy all the good things that the Eternal, your God, gave to you and your house.’ This teaches that a person brings First Fruits from his wife’s property.” Rebbi Simeon ben Laqish said, after her death but not during her lifetime. Rebbi Joḥanan said, there is no difference, during her lifetime and after her death. Rebbi Simeon ben Laqish follows his own opinion since he said, a person does not inherit from his wife as a biblical rule. In the opinion of Rebbi Simeon ben Laqish it never was dedicated. In the opinion of Rebbi Joḥanan it is dedicated and the holiness is removed.
HALAKHAH: “Rebbi Simeon says, in the circumstances where he was empowered,” etc. You say, at her entrance they are his: If she sold them they are not sold, if she gave them to a sharecropper he has the reward from it, if she dedicated them as First Fruits they are not dedicated You say, at her exit they are hers, if he sold them they are not sold, if he gave them to a sharecropper she has the reward from it, if he dedicated them as First Fruits, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, since they disagreed: (Deut. 26:11): ‘You shall enjoy all the good things that the Eternal, your God, gave to you and your house.’ This teaches that a person brings First Fruits from his wife’s property.” Rebbi Simeon ben Laqish said, after her death but not during her lifetime. Rebbi Joḥanan said, there is no difference, during her lifetime and after her death. Rebbi Simeon ben Laqish follows his own opinion since he said, a person does not inherit from his wife as a biblical rule. In the opinion of Rebbi Simeon ben Laqish it never was dedicated. In the opinion of Rebbi Joḥanan it is dedicated and the holiness is removed.
HALAKHAH: “Rebbi Simeon says, in the circumstances where he was empowered,” etc. You say, at her entrance they are his: If she sold them they are not sold, if she gave them to a sharecropper he has the reward from it, if she dedicated them as First Fruits they are not dedicated You say, at her exit they are hers, if he sold them they are not sold, if he gave them to a sharecropper she has the reward from it, if he dedicated them as First Fruits, this is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, since they disagreed: (Deut. 26:11): ‘You shall enjoy all the good things that the Eternal, your God, gave to you and your house.’ This teaches that a person brings First Fruits from his wife’s property.” Rebbi Simeon ben Laqish said, after her death but not during her lifetime. Rebbi Joḥanan said, there is no difference, during her lifetime and after her death. Rebbi Simeon ben Laqish follows his own opinion since he said, a person does not inherit from his wife as a biblical rule. In the opinion of Rebbi Simeon ben Laqish it never was dedicated. In the opinion of Rebbi Joḥanan it is dedicated and the holiness is removed.
MISHNAH: If she inherited old male and female slaves, they should be sold and real estate bought with the proceeds, of which he eats the yield. Rabban Simeon ben Gamliel says, she does not have to sell because they are the glory of her father’s house.
HALAKHAH: “If property came to a woman waiting for her levir,” etc. Here, you say “she may sell or give away and it is valid.” And you also say “the husband’s heirs should split with her father’s heirs!” Rebbi Yose ben Ḥanina said, when do you say “she may sell or give away and it is valid”? If they came to her before she became a woman waiting for her levir. When do you say “the husband’s heirs should split with her father’s heirs”? If they came to her after she became a woman waiting for her levir. If they came to her before she became a woman waiting for her levir and produced revenue after she became a woman waiting for her levir, [that revenue is as if] they came to her after she became a woman waiting for her levir. Rebbi Ze‘ira said, the levir in this situation is a problem for the House of Shammai. If he is a husband, he inherits everything. If he is not a husband, he inherits nothing. Because of the doubt, “the husband’s heirs should split with her father’s heirs.” For the House of Hillel it is obvious that he is a husband and inherits everything. For even his brother had only the usufruct.
HALAKHAH: “He should not say to her ‘here is your ketubah’”, etc. What does he do? “He marries her, he may divorce her and take her back, and she writes him a receipt for her ketubah.” Rebbi Yose said, the baraita has two possibilities. “Or she writes him a receipt for her ketubah.” Rebbi Ze‘ira in the name of Rav Hamnuna: If he married her, divorced her, and took her back, if he wrote her a new ketubah, the lien is on his property; otherwise, it is on the property of her first husband. Rebbi Yose ben Rebbi Abun said in the name of Rav Ḥisda, a Mishnah said so: “For he who takes back his wife, takes her back under the terms of her first ketubah.” In the end, if he married her, divorced her, and took her back? He tells you something new. Even if he married her, divorced her, and took her back, if he wrote her a new ketubah, the lien is on his property; otherwise, it is on the property of her first husband.
Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!
Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!
Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!
Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!
Simeon ben Sheṭaḥ decreed three things: That a person should use his wife’s ketubah in his business dealings. And that children have to go to school. Also, he decreed impurity for glass ware. But did not Rebbi Ze‘ira, Rebbi Abuna say in the name of Rav Jeremiah: Yose ben Yo‘ezer from Ṣereda and Yose ben Joḥanan from Jerusalem decreed impurity for Gentile lands and glass ware; Rebbi Yose said, Rebbi Jehudah bar Ṭabbai? Rebbi Jonah said, Jehudah bar Ṭabbai and Simeon ben Sheṭaḥ decreed on metal vessels; Hillel and Shammai decreed on the purity of hands. Rebbi Yose ben Rebbi Abun in the name of Levi: That was the current practice; they forgot it, but the later ones got up and agreed to the opinion of the earlier ones to teach you that everything the Court insists on will come to be in the end just as Moses was told on Sinai; as Rebbi Mana said (Deut. 32:47): “For it is not an empty word, from you,” if it is empty it is from you because you do not exert yourself about it. “Because it is your life,” when is it your life? At the time that you exert yourself!
MISHNAH: If somebody writes to his wife: “I shall have nothing to do with your properties,” he receives their revenues and if she should die, he inherits from her. In this case, why did he write “I shall have nothing to do with your properties”? If she sold or gave away, it is valid. If he wrote to her: “I shall have nothing to do with your properties, nor with their revenues,” he does not receive their revenues during her lifetime but if she should die, he inherits from her. Rebbi Jehudah says, he continues to receive the investment results of her revenues unless he writes: “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues, without limits.” If he wrote “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues during your lifetime and after your death,” he does not receive the revenues during her lifetime and does not inherit from her after her death. Rabban Simeon ben Gamliel says, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid.
HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.
Rav Jeremiah in the name of Rav: Practice follows Rabban Simeon ben Gamliel, but not in the matter of words. Practice follows Rabban Simeon ben Gamliel for he said, if she dies he inherits from her, but in matters of words, “since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid,” in personal matters. But in money matters, one’s stipulations are valid and that is a money matter! Why did we say that the condition is invalid? Because in the end he acquired it. Rebbi Immi in the name of Rebbi Joḥanan: The law should have been that if she sold or gave it away it should be valid, for [the buyer] acquired it. Why did they say it is invalid? That a wife should not sell her husband’s property and say, it is mine.
Rav Jeremiah in the name of Rav: Practice follows Rabban Simeon ben Gamliel, but not in the matter of words. Practice follows Rabban Simeon ben Gamliel for he said, if she dies he inherits from her, but in matters of words, “since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid,” in personal matters. But in money matters, one’s stipulations are valid and that is a money matter! Why did we say that the condition is invalid? Because in the end he acquired it. Rebbi Immi in the name of Rebbi Joḥanan: The law should have been that if she sold or gave it away it should be valid, for [the buyer] acquired it. Why did they say it is invalid? That a wife should not sell her husband’s property and say, it is mine.
Rebbi Justinus had a case and he asked the rabbis who told him, leave you properties. He asked Rebbi Simeon ben Laqish, who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Who are those rabbis? What about Rav, Rebbi Joḥanan, and Rebbi Simeon ben Laqish? He said to him, Rebbi Justinus’s rabbis.