definitively

Rebbi Jehudah ben Shalom, Rebbi Jehudah bar Pazy in the name of Rebbi Joḥanan. They formulated the symphon according to Rebbi Meïr in Qiddušin. Rebbi Jeremiah: Rebbi Ḥananiah, the colleague of the rabbis, asked: Why does it have to follow Rebbi Meïr but not also the rabbis? Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The following is the contract text: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I shall give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you.” Why can he not say “on condition” but not double his stipulation? If he did not double his stipulation, could this eliminate the preliminary marriage? Rebbi Yose ben Rebbi Abun said, everywhere Rebbi Meïr holds that from “no” you infer “yes”, except here? Rebbi Mattaniah said, one is more restrictive in matters of incest and adultery.

HALAKHAH: “If somebody eats at his father-in-law’s,” etc. In earlier times they decided on a persecution in Judea because they had a tradition from their forefathers that Jehudah had killed Esaw, as it is written: “Your hand is on your enemies’ neck.” They went and enslaved them and raped their daughters; they decided that a soldier would have sex with her first. They decreed that her husband should come to her when still in her father’s house; for when she knows that her husband’s fear is on her she is drawn after him. But is she not in the end being used for sex by a soldier? She is raped, and a rape victim is permitted to her husband. What did Cohanot do? They were hiding them. Why did they not also hide the daughters of Israel? That becomes talk and the government hears it; then these and those will be taken together. What kind of a sign did they have? The talk of a cook in town: There is a wedding meal, there is a wedding meal; there is light in Beror-Ḥayil: a week for a son, a week for a son. When the persecution ended, the custom did not end. Rebbi Hoshaia’s daughter-in-law was pregnant when she married definitively.

It is written: “If a man takes a wife, comes to her, and hates her.” He is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “He puts a libel on her”; I could think even if she spoiled a dish? It says here “a libel” and it says later “a libel”. Since “a libel” later implies whoring, so also here it means whoring. Since “a libel” later implies from the place of virginity, so also here? From where if he came upon her otherwise? The verse says, “and he calumniates her”, in any way. “He said, I took this wife and came to her,” that excludes assignations; “I took”, to exclude the one waiting for her levir; “I took”, to exclude the preliminarily married one.

It was stated: Rebbi Eliezer ben Jacob says, the words should be said as they are written. What means “the words should be said as they are written”? Rebbi Yose ben Rebbi Abun said, he is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “They spread the cloth”. Not that “they spread the cloth” but until the things become clear like a cloth. Assi said, “they spread the cloth”, the witnesses are not stoned, nor is the husband flogged and pays 100 tetradrachmas, until they say: you were with us at a certain place, and the husband hired them to testify falsely. If they said, you were with us at a certain place, but they did not say, the husband hired them to testify falsely? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Laqish: It is said here “putting”, it is said there “putting”. Since “putting” there means money, also “putting” here must mean money. But did we not state: He did not say to the witnesses, come and testify in my case, but they came on their own, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses would be stoned’? Because he did not say. But if he said, even if he did not hire them it is as if he hired them. If the father brought two groups of witnesses. One side say, you were with us at a certain place. The other side say, the husband hired them to testify falsely. It is obvious that those who said, you were with us at a certain place, are stoned, and those who said, the husband hired them to testify falsely, are flogged and pay 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said, neither by these not by those are they flogged and pay 100 tetradrachmas, but they are flogged because of “you shall not testify as a false witness against your fellow man.”

MISHNAH: The father has the benefit to give his daughter in preliminary marriage by money, contract, or intercourse; he has the right to what she finds and to her earnings, to dissolve her vows, and to receive her bill of divorce, but cannot eat usufruct in her lifetime. If she is definitively married, the husband in addition eats usufruct in her lifetime but is required to pay for her upkeep, her ransom, and her burial. Rebbi Jehudah says, even the poorest in Israel should not provide for her less than two flutes and one wailing woman.

“If she is definitively married, the husband in addition eats usufruct in her lifetime,” as a regulation they instituted that he should oversee his wife’s property and eat from it. Is it also thus for the father? Without incentives the father overseas the daughter’s property; should he eat? “He is required to pay for her upkeep and her ransom.” It was stated: If the husband said, it is impossible for me to eat and to oversee, one does not listen to him; but if the father said, I shall oversee if I can eat, one listens to him.

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.

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.

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!

MISHNAH: One gives a virgin twelve months from when the husband requested to marry her to provide for herself. Just as one gives to the woman so one gives to the man to provide for himself. And to a widow thirty days. If the time has come and they are not definitively married, they eat from his [property] and may eat heave. Rebbi Ṭarphon says, one gives her everything in heave. Rebbi Aqiba said, half profane and half heave.

HALAKHAH: “One gives a virgin twelve months.” It was stated: Adulthood in its time is twelve months. Rebbi Hila said, state: One gives an adult twelve months and one gives her a preliminary wedding, and thirty days to a widow. We have stated: “One gives a virgin twelve months,” and you say so? Rebbi Abin in the name of Rebbi Hila: After she was an adult for twelve months one gives her the preliminary marriage and afterwards thirty days. If she spent twelve months for the first and then the second one came. If he says to her, did you not wait already? She can say to him, I love you better than the young one. He is a widower, she is a virgin, and he wants to definitively marry. She can say, I love you better than a bachelor. If he is a bachelor and she a widow, and she wants to be definitively married. He can say, I love you better than a virgin. If she is underage and wants to grow up one listens to her.

HALAKHAH: “One gives a virgin twelve months.” It was stated: Adulthood in its time is twelve months. Rebbi Hila said, state: One gives an adult twelve months and one gives her a preliminary wedding, and thirty days to a widow. We have stated: “One gives a virgin twelve months,” and you say so? Rebbi Abin in the name of Rebbi Hila: After she was an adult for twelve months one gives her the preliminary marriage and afterwards thirty days. If she spent twelve months for the first and then the second one came. If he says to her, did you not wait already? She can say to him, I love you better than the young one. He is a widower, she is a virgin, and he wants to definitively marry. She can say, I love you better than a bachelor. If he is a bachelor and she a widow, and she wants to be definitively married. He can say, I love you better than a virgin. If she is underage and wants to grow up one listens to her.

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.

MISHNAH: If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her and it turned out that she had vows to fulfill, she is not preliminarily married. If he married her definitively without inquiry and she had vows to fulfill, she should leave without ketubah. If somebody performed the preliminary marriage with a woman on condition that she had no bodily defects and it turned out that she had bodily defects, she is not preliminarily married. If he married her definitively without inquiry and she had bodily defects, she should leave without ketubah; and all defects which disqualify a priest disqualify a woman. If she had bodily defects, as long as she is in her father’s house, the father has to prove that the defects developed after she was preliminarily married and his field was swamped; once she entered her husband’s domain, the husband has to prove that she had the defects before the preliminary wedding so that his acquisition was in error, the words of Rebbi Meïr. But the Sages say, when was this said? For hidden defects, but he has no claim about visible defects, and if there is a public bathhouse in his town he has no claim for hidden defects since he checks her out through his female relatives.

MISHNAH: If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her and it turned out that she had vows to fulfill, she is not preliminarily married. If he married her definitively without inquiry and she had vows to fulfill, she should leave without ketubah. If somebody performed the preliminary marriage with a woman on condition that she had no bodily defects and it turned out that she had bodily defects, she is not preliminarily married. If he married her definitively without inquiry and she had bodily defects, she should leave without ketubah; and all defects which disqualify a priest disqualify a woman. If she had bodily defects, as long as she is in her father’s house, the father has to prove that the defects developed after she was preliminarily married and his field was swamped; once she entered her husband’s domain, the husband has to prove that she had the defects before the preliminary wedding so that his acquisition was in error, the words of Rebbi Meïr. But the Sages say, when was this said? For hidden defects, but he has no claim about visible defects, and if there is a public bathhouse in his town he has no claim for hidden defects since he checks her out through his female relatives.

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.

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 Jehudah said, they argued before Rabban Gamliel: Because preliminarily married she is his wife and definitively married she is his wife; just as the sale by the latter is void, the sale by the former also should be void. He said to them, we are ashamed of the new ones, now you want to roll the new on over the old ones! The new ones, after the definitive marriage; the old ones before the definitive marriage, when she was married in the second ceremony.

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?

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?

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: “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: “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: “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.

How is that? If he preliminarily married Rachel, definitively married Leah, and only then definitively married Rachel. In the opinion of the rabbis, Rachel has precedence; in the opinion of Rebbi Eleazar ben Azariah she does not have precedence. They say, even Rebbi Eleazar will agree that since in the end he definitively married Rachel, Rachel has precedence. To what can this be compared? To one who took out a loan from another person and said to him, if I have not paid it back by twelve months, all my properties shall be mortgaged to you. If the twelfth month arrived and he has not paid back, his properties become mortgaged from that moment on. But if he said, all my properties shall be mortgaged to you only after twelve months, they become mortgaged only after twelve months. The status of the days in between is in dispute between Rebbi Meïr and the rabbis. In Rebbi Meïr’s opinion, the properties became pledged by the document. In the rabbis’ opinion, the properties became pledged by the money.

How is that? If he preliminarily married Rachel, definitively married Leah, and only then definitively married Rachel. In the opinion of the rabbis, Rachel has precedence; in the opinion of Rebbi Eleazar ben Azariah she does not have precedence. They say, even Rebbi Eleazar will agree that since in the end he definitively married Rachel, Rachel has precedence. To what can this be compared? To one who took out a loan from another person and said to him, if I have not paid it back by twelve months, all my properties shall be mortgaged to you. If the twelfth month arrived and he has not paid back, his properties become mortgaged from that moment on. But if he said, all my properties shall be mortgaged to you only after twelve months, they become mortgaged only after twelve months. The status of the days in between is in dispute between Rebbi Meïr and the rabbis. In Rebbi Meïr’s opinion, the properties became pledged by the document. In the rabbis’ opinion, the properties became pledged by the money.

How is that? If he preliminarily married Rachel, definitively married Leah, and only then definitively married Rachel. In the opinion of the rabbis, Rachel has precedence; in the opinion of Rebbi Eleazar ben Azariah she does not have precedence. They say, even Rebbi Eleazar will agree that since in the end he definitively married Rachel, Rachel has precedence. To what can this be compared? To one who took out a loan from another person and said to him, if I have not paid it back by twelve months, all my properties shall be mortgaged to you. If the twelfth month arrived and he has not paid back, his properties become mortgaged from that moment on. But if he said, all my properties shall be mortgaged to you only after twelve months, they become mortgaged only after twelve months. The status of the days in between is in dispute between Rebbi Meïr and the rabbis. In Rebbi Meïr’s opinion, the properties became pledged by the document. In the rabbis’ opinion, the properties became pledged by the money.

MISHNAH: If somebody obligates himself about money for his son-in-law but then goes bankrupt, she must wait until her hair grows white. Admon says: “If I had obligated myself, I would have to wait until my hair grows white. My father obligated himself, what can I do? Marry definitively or divorce!” Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement.

It was stated: Rebbi Yose ben Rebbi Jehudah said, Admon and the rabbis did not disagree about one for whom the father had promised money but went bankrupt that she may sit until her hair grows white. Where did they disagree? If she promised herself. Admon says, she might say, “I was of the opinion that my father wants to give, but now my father does not want to give, what can I do? Marry definitively or divorce!” Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement.

HALAKHAH: Who is doubtfully definitely [suffering]? Two who came to him. He declared one of them definitively affected but before he could declare the second one definitively affected, they were changed for him. That is a doubtfully definitely [suffering person]. This is the one about whom Rebbi Ḥiyya stated: A nazir, in doubt whether impure or pure, but certainly he was a nazir. A sufferer from skin disease, in doubt whether impure or pure, but certainly he was a sufferer from skin disease. He eats from sacrificial meat after 60 days, drinks wine and defiles himself for the dead after 120 days. How is that? One said to him, you are an impure nazir, go count seven [days]. He sprinkled, repeated, shaved, and brought. He then counted seven [days] and wanted to shave. One said to him, impure nazir, go count seven [days] and continue for 30. He counted 30 [days] and wanted to shave. One said to him, you are a pure nazir, does not a pure nazir shave on kinds of blood? He brings an elevation offering and shaves on it, a bird purification offering and stipulates, saying: “If I was impure, the purification offering is my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is my obligation and the purification offering is in doubt.” He shaves his head, his beard, and his eyebrows in the way the sufferer from skin disease shaves.

HALAKHAH: Who is doubtfully definitely [suffering]? Two who came to him. He declared one of them definitively affected but before he could declare the second one definitively affected, they were changed for him. That is a doubtfully definitely [suffering person]. This is the one about whom Rebbi Ḥiyya stated: A nazir, in doubt whether impure or pure, but certainly he was a nazir. A sufferer from skin disease, in doubt whether impure or pure, but certainly he was a sufferer from skin disease. He eats from sacrificial meat after 60 days, drinks wine and defiles himself for the dead after 120 days. How is that? One said to him, you are an impure nazir, go count seven [days]. He sprinkled, repeated, shaved, and brought. He then counted seven [days] and wanted to shave. One said to him, impure nazir, go count seven [days] and continue for 30. He counted 30 [days] and wanted to shave. One said to him, you are a pure nazir, does not a pure nazir shave on kinds of blood? He brings an elevation offering and shaves on it, a bird purification offering and stipulates, saying: “If I was impure, the purification offering is my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is my obligation and the purification offering is in doubt.” He shaves his head, his beard, and his eyebrows in the way the sufferer from skin disease shaves.

Rebbi Joḥanan said, these are Ben Zoma’s words, but the words of the Sages: Forever is he definitively [impure] until he heave the reparation sacrifice. Rebbi Jeremiah asked: Why is he definitively [impure] until he heave the reparation sacrifice? Rebbi Yose said to him, why not? We find several reparation sacrifices which are pushed aside because of doubts! As we have stated there: “If a reparation sacrifice was mixed up with a well-being sacrifice, Rebbi Simeon says that both should be slaughtered in the North and eaten following the more restrictive rules. They said to him, one does not cause sacrifices to become invalid.

Rebbi Joḥanan said, these are Ben Zoma’s words, but the words of the Sages: Forever is he definitively [impure] until he heave the reparation sacrifice. Rebbi Jeremiah asked: Why is he definitively [impure] until he heave the reparation sacrifice? Rebbi Yose said to him, why not? We find several reparation sacrifices which are pushed aside because of doubts! As we have stated there: “If a reparation sacrifice was mixed up with a well-being sacrifice, Rebbi Simeon says that both should be slaughtered in the North and eaten following the more restrictive rules. They said to him, one does not cause sacrifices to become invalid.

Why are Samaritans disqualified? Rebbi Joḥanan said, because they are lions’ proselytes. But if somebody converted not for Heaven’s sake and then converted for Heaven’s sake, does one not accept him? Rebbi Joḥanan in the name of Rebbi Eleazar: Because the child is a bastard if a Gentile or a slave have intercourse with a Jewish woman. But did not Rebbi Aqiba say, they are genuine proselytes? Because they require levirate marriage from the preliminarily married and free the definitively married. But do not the rabbis say, there is no bastard from a sister-in-law? Because they are not conversant with the fine points in writing bills of divorce. But does not Rabban Gamliel accept their bills of divorce? Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: Because they intermingled with the priests of the High Places: “He chose priests from the borderline of the people,”. Rebbi Ila said, from the “thorns” of the people, i. e., from the disqualified of the people.

Rav Hamnuna in the name of Rebbi Assi: An underage girl has no definitive marriage to let her eat heave. Rebbi Immi said, a Mishnah said so, “married to a Cohen she eats heave.” Rebbi Abin asked: If she was definitively married but had no intercourse, [the husband] sent her to her father’s house and she grew up, may she eat heave? Let us hear from the following: “Based on her earlier definitive marriage.”

If she is definitively married, she but not her father. An underage girl, her father but not she; if she is definitively married, both she and her father. If she has understanding, she but not her father. Who is an underage girl who needs to be divorced [by herself]? Rebbi Joḥanan said, any female who is given her bill of divorce together with something else and she produces it after some time.

If she is definitively married, she but not her father. An underage girl, her father but not she; if she is definitively married, both she and her father. If she has understanding, she but not her father. Who is an underage girl who needs to be divorced [by herself]? Rebbi Joḥanan said, any female who is given her bill of divorce together with something else and she produces it after some time.

“Rebbi Eleazar says: If it was found out immediately, this is no bill of divorce. If it was found out later, it is a bill of divorce since the first cannot destroy the rights of the second.” What is immediately? Rebbi Ze‘ira says, before she was preliminarily married, or when she was preliminarily married. Rebbi Isaac ben Ḥaqula said, before she was definitively married, or when she was definitively married. The Mishnah supports Rebbi Ze‘ira: “Since the first cannot destroy the rights of the second.”

“Rebbi Eleazar says: If it was found out immediately, this is no bill of divorce. If it was found out later, it is a bill of divorce since the first cannot destroy the rights of the second.” What is immediately? Rebbi Ze‘ira says, before she was preliminarily married, or when she was preliminarily married. Rebbi Isaac ben Ḥaqula said, before she was definitively married, or when she was definitively married. The Mishnah supports Rebbi Ze‘ira: “Since the first cannot destroy the rights of the second.”

If somebody divorces his wife she should not live in the same courtyard or the same place. If the courtyard was the wife’s property, the husband has to move out, if the husband’s, the wife has to move out. If it was common property, who has to move because of whom? The woman because of the man, unless they can manage to have separate exits. When has this been said? If they were definitively married, not if they were not definitively married. But the wife of a Cohen if she was not definitively married, as well as the status of a preliminarily married woman in Jehudah, is that of one definitively married. Nobody has to move if a person gives ḥalȋṣah to his sister-in-law even if he had “bespoken” her since “bespeaking” does not fully acquire.

If somebody divorces his wife she should not live in the same courtyard or the same place. If the courtyard was the wife’s property, the husband has to move out, if the husband’s, the wife has to move out. If it was common property, who has to move because of whom? The woman because of the man, unless they can manage to have separate exits. When has this been said? If they were definitively married, not if they were not definitively married. But the wife of a Cohen if she was not definitively married, as well as the status of a preliminarily married woman in Jehudah, is that of one definitively married. Nobody has to move if a person gives ḥalȋṣah to his sister-in-law even if he had “bespoken” her since “bespeaking” does not fully acquire.

If somebody divorces his wife she should not live in the same courtyard or the same place. If the courtyard was the wife’s property, the husband has to move out, if the husband’s, the wife has to move out. If it was common property, who has to move because of whom? The woman because of the man, unless they can manage to have separate exits. When has this been said? If they were definitively married, not if they were not definitively married. But the wife of a Cohen if she was not definitively married, as well as the status of a preliminarily married woman in Jehudah, is that of one definitively married. Nobody has to move if a person gives ḥalȋṣah to his sister-in-law even if he had “bespoken” her since “bespeaking” does not fully acquire.

If somebody divorces his wife she should not live in the same courtyard or the same place. If the courtyard was the wife’s property, the husband has to move out, if the husband’s, the wife has to move out. If it was common property, who has to move because of whom? The woman because of the man, unless they can manage to have separate exits. When has this been said? If they were definitively married, not if they were not definitively married. But the wife of a Cohen if she was not definitively married, as well as the status of a preliminarily married woman in Jehudah, is that of one definitively married. Nobody has to move if a person gives ḥalȋṣah to his sister-in-law even if he had “bespoken” her since “bespeaking” does not fully acquire.

If he sold her to one and gave her in preliminary marriage to another, the father played with the master, the words of Rebbi Yose ben Rebbi Jehudah; but the Sages say that the father did not play with the master. It is as if somebody said to a woman, “you are preliminarily married to me after 30 days,” since if somebody said to a woman, “you are preliminarily married to me after 30 days,” and another came and married her preliminarily (after) 30 days, is she not preliminarily married to the second man? “From now after 30 days.” Since if somebody said to a woman, “you are preliminarily married to me from now after 30 days,” and another came and married her preliminarily within the 30 days, is she not preliminarily married to both of them? From then when he wants. Everybody agrees that if he definitively married her off, the father played with the master.

Some baraita implies that the agent of a person acts in his stead, and some baraita implies that the agent of a person does not act in his stead. “If he definitively will substitute, if he himself will dissolve.” We may hold that a person’s agent cannot act in his stead because Scripture excluded him. “He shall lean his hand,” not the hand of his son nor the hand of his slave nor the hand of his agent. We may hold that a person’s agent can act in his stead but [in this case] Scripture excluded him. “His master shall pierce his ear with an awl;” “his master” but not the latter’s son, “his master” but not the latter’s agent. We may hold that a person’s agent can act in his stead but Scripture excluded him. Some Tannaïm state: “He shall pierce”, to include the agent. This follows Rebbi Aqiba. Following Rebbi Ismael? “His master”, anybody acting on his master’s authority.

Rebbi Abba bar Cahana and Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: If she was preliminarily married with agreement but definitively married without agreement: there was such a case and the father came and removed her from the bridal chamber. Rebbi Jacob bar Aḥa in the name of Rebbi Joshua: He had an indication that Rebbi Joshua ben Levi disagreed with Rebbi Simeon ben Laqish. But this does not disagree. Just as Rebbi Simeon ben Laqish said there, she is not empowered to marry herself off and let her father lose her earnings, so Rebbi Joshua ben Levi said here, she is not empowered to marry herself off and let her father lose her earnings. Rebbi Abba bar Cahana and Rebbi Jacob bar Idi came in the name of Rebbi Joshua ben Levi: If she was preliminarily married without agreement and was being definitively married without agreement: there was such a case and the father came and annulled her preliminary marriage.

Rebbi Abba bar Cahana and Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: If she was preliminarily married with agreement but definitively married without agreement: there was such a case and the father came and removed her from the bridal chamber. Rebbi Jacob bar Aḥa in the name of Rebbi Joshua: He had an indication that Rebbi Joshua ben Levi disagreed with Rebbi Simeon ben Laqish. But this does not disagree. Just as Rebbi Simeon ben Laqish said there, she is not empowered to marry herself off and let her father lose her earnings, so Rebbi Joshua ben Levi said here, she is not empowered to marry herself off and let her father lose her earnings. Rebbi Abba bar Cahana and Rebbi Jacob bar Idi came in the name of Rebbi Joshua ben Levi: If she was preliminarily married without agreement and was being definitively married without agreement: there was such a case and the father came and annulled her preliminary marriage.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

If she was preliminarily married with agreement but definitively married without agreement, may she eat heave? Rav said, she does eat; but Samuel said, she may not eat. Rebbi Mana said, Rav’s reason is that if she was preliminarily married with agreement, the permanence of the status quo implies the assumption that he definitively married her with agreement. Rebbi Yose ben Rebbi Abun said, Rav’s reason is that by the earlier Mishnah, a preliminarily married daughter of an Israel may eat heave. What is the difference between them? Her earnings. According to Rebbi Mana, for Rav her earnings belong to her husband; according to Rebbi Yose ben Rebbi Abun, for Rav her earnings belong to her father. If she should die, who inherits from her? According to Rebbi Mana, for Rav her husband inherits; according to Rebbi Yose ben Rebbi Abun, for Rav her father inherits if she dies. Rebbi Yose ben Rebbi Abun stated, for Rav her husband inherits if she dies. If she was preliminarily married without agreement and definitively married without agreement, may she eat heave? Samuel said, she does eat. Come and see: If she was preliminarily married with agreement and definitively married without agreement, Samuel says that she may not eat; here he says she may eat? Samuel treats her as an orphan.

MISHNAH: If somebody performed preliminary marriage with a woman on condition that she had no obligation of vows on her and it turns out that she had vows to fulfill, she is not preliminarily married. If he married her definitively without inquiry and she had vows to fulfill, she should leave without ketubah. For all defects which disqualify a priest disqualify a woman.

“If he married her definitively without inquiry”. 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 he 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 ben 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.

“If he married her definitively without inquiry”. 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 he 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 ben 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.

“If he married her definitively without inquiry”. 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 he 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 ben 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.

“If he married her definitively without inquiry”. 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 he 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 ben 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.

“If he married her definitively without inquiry”. 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 he 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 ben 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.

“If he married her definitively without inquiry”. 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 he 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 ben 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.

“If he married her definitively without inquiry”. 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 he 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 ben 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.

If the agent was not identified as such by the witnesses and he says, I married her preliminarily for myself, but she says, to the first, the second is like one who says to a woman: I married you preliminarily but she says, you did not marry me preliminarily. Also it is as if she said to the first, you married me preliminarily but he says, I did not marry you preliminarily. If she says, I do not know, the presumption is in favor of the second. If the agent was identified as such by the witnesses and he says, I married her preliminarily for myself, but she says, to the first, the presumption is in favor of the first. If she said, I do not know, both of them give a bill of divorce or, if they so desire, one gives a bill of divorce and the other marries definitively.

Rebbi Abbahu in the name of Rebbi Joḥanan: The following is the contract text: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you.” If anything intervened beyond his control? Rebbi Joḥanan said, matters beyond his control are as if he were inactive. Rebbi Simeon ben Laqish said, matters outside his control are as if he had acted. In the opinion of Rebbi Simeon ben Laqish, what would be necessary? “If that day should pass without you having taken me in, I shall have no claim on you.” When Rebbi Joḥanan was dying, he told his daughters to act following Rebbi Simeon ben Laqish. He said, sometime in the future there might be a court which follows him; then his descendants might be in danger of bastardy.

Rebbi Jehudah bar Sisin, Rebbi Jehudah bar Pazy in the name of Rebbi Aḥa. They formulated the symphōn according to Rebbi Meïr. Rebbi Ḥananiah, the colleague of the rabbis, asked: Why does it have to follow Rebbi Meïr but not also the rabbis? Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: The following is the contract text: “I, X son of Y, contract a preliminary marriage with you, Z, daughter of U, on condition that I shall give you property A and definitively marry you by day B. If that day should pass without me having taken you in, I shall have no claim on you.” Why can he not say “on condition” but not double his stipulation? If he did not double his stipulation, could this eliminate the preliminary marriage? Rebbi Yose ben Rebbi Abun said, everywhere Rebbi Meïr holds that from “no” you infer “yes”, except here? Rebbi Mattaniah said, one is more restrictive in matters of incest and adultery.

MISHNAH: “I preliminarily married off my daughter but I do not know to whom I married her preliminarily,” and somebody comes and says, I married her preliminarily, he is believed. This one says, “I married her preliminarily,” and that one says, “I married her preliminarily,” both give a bill of divorce or, if they so wish, one gives a bill of divorce and the other marries her definitively.

HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.

HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.

MISHNAH: If somebody empowered his agent to contract preliminary marriage for his daughter and then went himself and contracted for her, ifhe was first, his preliminary marriage is valid, but if his agent was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively. Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself, if she was first, her preliminary marriage is valid, but if her agent’s was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively.

MISHNAH: If somebody empowered his agent to contract preliminary marriage for his daughter and then went himself and contracted for her, ifhe was first, his preliminary marriage is valid, but if his agent was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively. Similarly, if a woman empowered her agent to contract preliminary marriage for her and then went and contracted for herself, if she was first, her preliminary marriage is valid, but if her agent’s was first, that preliminary marriage is valid. If precedence cannot be established, both give a bill of divorce or, if they agree, one gives a bill of divorce and one marries definitively.

Rebbi Ḥanina said, if somebody definitively married off his son in a house, the latter acquired it. Rebbi Hoshaia stated, the house but not the movables. Rebbi La divided the dining hall between himself and his son. Rebbi Ḥaggai asked Rebbi Yose: If the ceremony was in the bedroom but the wedding party was in the dining room, what is the rule? He told him, one does not see him leaving.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation. Rebbi Simeon explained that any reference to “Cohen’s daughter” implies burning, but the rabbis teach that any reference to “preliminarily married” implies stoning. Rebbi Simeon explained: The Torah was stringent with a Cohen’s daughter and ordered that as preliminarily married she be burned, but was lenient with the definitively married one that she be stoned. The Torah was lenient with the preliminarily married daughter of an Israel and ordered that she be stoned; it is logical that we be lenient with the definitively married one that she be decapitated. But the rabbis explain, since the Torah was stringent with the preliminarily married daughter of an Israel and ordered that she be stoned, it was lenient with her in her definitively married status to be burned. The Torah was lenient with the daughter of a Cohen in her pleliminarily married status and ordered that she be burned; it is logical that we be lenient with her in her definitively married status that she be strangled.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation. Rebbi Simeon explained that any reference to “Cohen’s daughter” implies burning, but the rabbis teach that any reference to “preliminarily married” implies stoning. Rebbi Simeon explained: The Torah was stringent with a Cohen’s daughter and ordered that as preliminarily married she be burned, but was lenient with the definitively married one that she be stoned. The Torah was lenient with the preliminarily married daughter of an Israel and ordered that she be stoned; it is logical that we be lenient with the definitively married one that she be decapitated. But the rabbis explain, since the Torah was stringent with the preliminarily married daughter of an Israel and ordered that she be stoned, it was lenient with her in her definitively married status to be burned. The Torah was lenient with the daughter of a Cohen in her pleliminarily married status and ordered that she be burned; it is logical that we be lenient with her in her definitively married status that she be strangled.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation. Rebbi Simeon explained that any reference to “Cohen’s daughter” implies burning, but the rabbis teach that any reference to “preliminarily married” implies stoning. Rebbi Simeon explained: The Torah was stringent with a Cohen’s daughter and ordered that as preliminarily married she be burned, but was lenient with the definitively married one that she be stoned. The Torah was lenient with the preliminarily married daughter of an Israel and ordered that she be stoned; it is logical that we be lenient with the definitively married one that she be decapitated. But the rabbis explain, since the Torah was stringent with the preliminarily married daughter of an Israel and ordered that she be stoned, it was lenient with her in her definitively married status to be burned. The Torah was lenient with the daughter of a Cohen in her pleliminarily married status and ordered that she be burned; it is logical that we be lenient with her in her definitively married status that she be strangled.

Rebbi Simeon says, burning is worse than stoning, but the rabbis teach that stoning is worse than burning. Rebbi Simeon says, strangulation is worse than decapitation; but the rabbis teach that decapitation is worse than strangulation. Rebbi Simeon explained that any reference to “Cohen’s daughter” implies burning, but the rabbis teach that any reference to “preliminarily married” implies stoning. Rebbi Simeon explained: The Torah was stringent with a Cohen’s daughter and ordered that as preliminarily married she be burned, but was lenient with the definitively married one that she be stoned. The Torah was lenient with the preliminarily married daughter of an Israel and ordered that she be stoned; it is logical that we be lenient with the definitively married one that she be decapitated. But the rabbis explain, since the Torah was stringent with the preliminarily married daughter of an Israel and ordered that she be stoned, it was lenient with her in her definitively married status to be burned. The Torah was lenient with the daughter of a Cohen in her pleliminarily married status and ordered that she be burned; it is logical that we be lenient with her in her definitively married status that she be strangled.

MISHNAH: A person having sexual relations with the mother is guilty because of mother and because of father’s wife. Rebbi Jehudah say, he is guilty only because of mother. A person having sexual relations with the father’s wife is guilty because of father’s wife and because of married woman, whether during his father’s lifetime or after his father’s death, whether preliminarily married or definitively married. A person having sexual relations with his daughter-in-law is guilty because of his daughter-in-law and because of a married woman, whether during his son’s lifetime or after his son’s death, whether preliminarily married or definitively married.

MISHNAH: A person having sexual relations with the mother is guilty because of mother and because of father’s wife. Rebbi Jehudah say, he is guilty only because of mother. A person having sexual relations with the father’s wife is guilty because of father’s wife and because of married woman, whether during his father’s lifetime or after his father’s death, whether preliminarily married or definitively married. A person having sexual relations with his daughter-in-law is guilty because of his daughter-in-law and because of a married woman, whether during his son’s lifetime or after his son’s death, whether preliminarily married or definitively married.

Rava said to him [Rav Kahana], "For you" most definitively implies for all of your needs. Rather Rava says, The dispute concerns the forty two [additional cities of refuge], that one opinion [Rebbi Yehuda] holds (Numbers 35, 6) "and besides then you should designate" [implies] that they should be like those [the six primary cities only] with regards to protection. And the other opinion [Rebbi Meir] holds "and besides then you should designate" [implies] that they should be like those [the six primary cities]. Just as those [the six] are for all of your needs, so too these [the forty two] are for all of your needs. But with regards to the six [primary cities], everyone agrees that [the murderers] would not pay rent.