ketubah
692 occurrences across the corpus
The Mishnah
At first they would say that three women must be divorced and receive their ketubah: She who says: “I am defiled to you”; “Heaven is between me and you”; “I have been removed from the Jews.” But subsequently they changed the ruling to prevent her from setting her eye on another and spoiling herself to her husband: She who said, “I am defiled unto you” must bring proof. “Heaven is between me and you” they [shall appease them] by a request. “I have been removed from the Jews” he [the husband] must annul his portion, and she may have relations with him, and she shall be removed from other Jews.
If she said, “I am defiled to you”, she gives him a receipt for her ketubah and goes out [with a get]. But if she says, “I am pure”, they bring her up to the east gate, Nicanor’s gate, where they give women suspected of adultery the water to drink, purify women after childbirth and purify lepers. A priest seizes her clothing if they are torn, then they are torn, and if they become unstitched, then they are unstitched, until he uncovers her bosom, and he undoes [the braids of] her hair. Rabbi Judah says: if her bosom was beautiful he does not uncover it, and if her hair was beautiful he does not undo it.
A betrothed woman and a shomeret yavam do not drink [the bitter waters] and do not receive their ketubah, as it is said, “When a wife, being under her husband, goes astray” (Numbers 5:29), this excludes a betrothed woman and a shomeret yavam. A widow who had married a high priest, a divorced woman or a halutzah who had married an ordinary priest, a mamzeret or a netinah who had married an Israelite, and the daughter of an Israelite who had married a mamzer or a natin do not drink [the bitter waters] and do not receive their ketubah.
A betrothed woman and a shomeret yavam do not drink [the bitter waters] and do not receive their ketubah, as it is said, “When a wife, being under her husband, goes astray” (Numbers 5:29), this excludes a betrothed woman and a shomeret yavam. A widow who had married a high priest, a divorced woman or a halutzah who had married an ordinary priest, a mamzeret or a netinah who had married an Israelite, and the daughter of an Israelite who had married a mamzer or a natin do not drink [the bitter waters] and do not receive their ketubah.
And these are the [women] who do not drink and do not receive their ketubah: She who says “I am defiled”; When witnesses came [and testified] that she was defiled; And she who says “I refuse to drink.” When her husband says “I am not letting her drink”, And when her husband has sexual relations with her on the journey [to Jerusalem] she receives her ketubah but does not drink. If the husbands died before [the women] drank: Beth Shammai says: they receive their ketubah but do not drink, And Beth Hillel says: they do not drink and they do not receive their ketubah.
And these are the [women] who do not drink and do not receive their ketubah: She who says “I am defiled”; When witnesses came [and testified] that she was defiled; And she who says “I refuse to drink.” When her husband says “I am not letting her drink”, And when her husband has sexual relations with her on the journey [to Jerusalem] she receives her ketubah but does not drink. If the husbands died before [the women] drank: Beth Shammai says: they receive their ketubah but do not drink, And Beth Hillel says: they do not drink and they do not receive their ketubah.
And these are the [women] who do not drink and do not receive their ketubah: She who says “I am defiled”; When witnesses came [and testified] that she was defiled; And she who says “I refuse to drink.” When her husband says “I am not letting her drink”, And when her husband has sexual relations with her on the journey [to Jerusalem] she receives her ketubah but does not drink. If the husbands died before [the women] drank: Beth Shammai says: they receive their ketubah but do not drink, And Beth Hillel says: they do not drink and they do not receive their ketubah.
And these are the [women] who do not drink and do not receive their ketubah: She who says “I am defiled”; When witnesses came [and testified] that she was defiled; And she who says “I refuse to drink.” When her husband says “I am not letting her drink”, And when her husband has sexual relations with her on the journey [to Jerusalem] she receives her ketubah but does not drink. If the husbands died before [the women] drank: Beth Shammai says: they receive their ketubah but do not drink, And Beth Hillel says: they do not drink and they do not receive their ketubah.
[A wife] who was pregnant by a former husband or was nursing a child by a former husband does not drink and does not receive the ketubah, the words of Rabbi Meir. But the sages says: he may separate her [from himself] and take her back after the period [of two years]. An aylonit [who is incapable of giving birth], an old woman, and one who is unfit to bear children do not drink and do not receive the ketubah. Rabbi Eliezer says: he may marry another wife and be fruitful and multiply with her. All other women either drink or do not receive the ketubah.
[A wife] who was pregnant by a former husband or was nursing a child by a former husband does not drink and does not receive the ketubah, the words of Rabbi Meir. But the sages says: he may separate her [from himself] and take her back after the period [of two years]. An aylonit [who is incapable of giving birth], an old woman, and one who is unfit to bear children do not drink and do not receive the ketubah. Rabbi Eliezer says: he may marry another wife and be fruitful and multiply with her. All other women either drink or do not receive the ketubah.
[A wife] who was pregnant by a former husband or was nursing a child by a former husband does not drink and does not receive the ketubah, the words of Rabbi Meir. But the sages says: he may separate her [from himself] and take her back after the period [of two years]. An aylonit [who is incapable of giving birth], an old woman, and one who is unfit to bear children do not drink and do not receive the ketubah. Rabbi Eliezer says: he may marry another wife and be fruitful and multiply with her. All other women either drink or do not receive the ketubah.
In the following cases a court can give the warning [on behalf of the husband]: When the husband became a deaf-mute or an idiot, or was imprisoned. Not in order to make her drink did they say this, but to disqualify her from receiving her ketubah. Rabbi Yose says: also to make her drink; when her husband is released from prison he makes her drink.
If a man warned his wife and she secluded herself [with another man], even if he heard [that she had done so] from a flying bird, he must divorce her and give her the ketubah, the words of Rabbi Eliezer. Rabbi Joshua says: until women who spin by moonlight discuss her.
If one witness said, “I saw that she was defiled”, she does not drink the water. Not only that, but even a slave, male or female, is believed even to disqualify her from receiving her ketubah. Her mother-in-law, her mother-in-law’s daughter, her rival wife, her sister-in-law, and the daughter of her husband are believed, not to disqualify her from receiving her ketubah, but that she should not drink.
If one witness said, “I saw that she was defiled”, she does not drink the water. Not only that, but even a slave, male or female, is believed even to disqualify her from receiving her ketubah. Her mother-in-law, her mother-in-law’s daughter, her rival wife, her sister-in-law, and the daughter of her husband are believed, not to disqualify her from receiving her ketubah, but that she should not drink.
All are qualified to write a get, even a deaf-mute, an imbecile and a minor. A woman may write her own get and a man his own receipt [for the ketubah], since the document is upheld only by its signatures. All are qualified to bring a get except a deaf-mute, an imbecile, a minor, a blind person and a non-Jew.
A man divorces his wife because she is an aylonit: Rabbi Judah says he may not remarry her, But the sages say that he may remarry her. She marries someone else and has children from him and then demands her ketubah settlement [from her first husband]: Rabbi Judah said, they say to her, “Your silence is better than your speaking.”
Damages are paid out of [property of] the best quality; A creditor is paid out of land of medium quality, And a ketubah is paid out of land of the poorest quality. Rabbi Meir says that a ketubah is also paid out of medium quality land.
Damages are paid out of [property of] the best quality; A creditor is paid out of land of medium quality, And a ketubah is paid out of land of the poorest quality. Rabbi Meir says that a ketubah is also paid out of medium quality land.
If the get was dated by an unfit kingship, by the empire of Medea, by the empire of Greece, by the building of the Temple or by the destruction of the Temple, Or if being in the east he wrote “in the west”, or being in the west he wrote “in the east”, She must leave this one and that one, and she also requires a get from this one and that one. She has no ketubah, no usufruct, no support money or worn clothes, neither from this one nor from that one. If she has taken anything from this one or that one, she must return it. The child from this one or that one is a mamzer. Neither this one nor that one may impurify himself for her. Neither this one and that one has a claim to whatever she may find, nor what she makes with her hands, nor to invalidate her vows. If she was the daughter of an Israelite, she becomes disqualified from marrying a priest; if the daughter of a Levite, from the eating of tithe; and if the daughter of a priest, from the eating of terumah. Neither the heirs of this one nor the heirs of that one are entitled to inherit her ketubah. And if [the husbands] die, the brother of the one and the brother of the other must perform halitzah, but may not contract yibbum. If his name or her name or the name of his town or the name of her town was wrongly given, she must leave both husbands and all the above consequences apply to her.
If the get was dated by an unfit kingship, by the empire of Medea, by the empire of Greece, by the building of the Temple or by the destruction of the Temple, Or if being in the east he wrote “in the west”, or being in the west he wrote “in the east”, She must leave this one and that one, and she also requires a get from this one and that one. She has no ketubah, no usufruct, no support money or worn clothes, neither from this one nor from that one. If she has taken anything from this one or that one, she must return it. The child from this one or that one is a mamzer. Neither this one nor that one may impurify himself for her. Neither this one and that one has a claim to whatever she may find, nor what she makes with her hands, nor to invalidate her vows. If she was the daughter of an Israelite, she becomes disqualified from marrying a priest; if the daughter of a Levite, from the eating of tithe; and if the daughter of a priest, from the eating of terumah. Neither the heirs of this one nor the heirs of that one are entitled to inherit her ketubah. And if [the husbands] die, the brother of the one and the brother of the other must perform halitzah, but may not contract yibbum. If his name or her name or the name of his town or the name of her town was wrongly given, she must leave both husbands and all the above consequences apply to her.
There are three gittin which are invalid but if a woman marries [on the strength of one of them] the child is fit: If the husband wrote it with his own hand but there are no witnesses on it. If there are witnesses on it but no date. If it has a date but only one witness. These are three gittin which are invalid but if a woman marries [on the strength of one of them] the child is fit. Rabbi Elazar says even though there are no witnesses on it, as long as he gave it to her in the presence of witnesses it is valid, [and on the strength of it] she may collect her ketubah [even] from mortgaged property, since the witnesses only sign on the get because of tikkun olam.
If a man betrothed a woman on condition that she was under no vows and she was found to be under vows, she is not betrothed. If he married her without making any conditions and she was found to be under vows, she leaves without her ketubah. [If a woman was betrothed] on condition that she has no bodily defects, and she was found to have defects, she is not betrothed. If he married her without making any conditions and she was found to have defects, she leaves without her ketubah. All defects which disqualify priests also disqualify women.
If a man betrothed a woman on condition that she was under no vows and she was found to be under vows, she is not betrothed. If he married her without making any conditions and she was found to be under vows, she leaves without her ketubah. [If a woman was betrothed] on condition that she has no bodily defects, and she was found to have defects, she is not betrothed. If he married her without making any conditions and she was found to have defects, she leaves without her ketubah. All defects which disqualify priests also disqualify women.
That which is found by a man’s minor son or daughter, and that which is found by his Canaanite slave or female slave, and that which is found by his wife belongs to him. That which is found by his son or daughter that are of age, and that which is found by his Hebrew slave or female slave, and that which is found by his wife whom he has divorced, even though he has not yet paid her ketubah, belongs to them.
If the house fell down on a man and his father, or upon a man and any from whom he inherits, and he was liable for his wife’s ketubah or to a creditor: the father’s heirs say, “The son died first and the father died afterward”, and the creditors say, “The father died first and the son died afterward.” The School of Shammai says: “Let them split [the property].” The School of Hillel says: “The property remains in its former status [in the hands of those who inherit the father].”
If the house fell down on a man and his wife, the husband’s heirs say, “The wife died first and the husband died afterward” and the wife’s heirs say, “The husband died first and the wife died afterward”. The School of Shammai says: “Let them split [the property].” The School of Hillel says: “The property remains in its former status the Ketubah to the husband’s heirs and the property that comes in and goes out with her to her father’s heirs.”
They may write out a bill of divorce for a man even if his wife is not with him, or a receipt (stating that the husband has paid the ketubah debt) for the wife even if her husband is not with her, provided that he (the scribe) knows them. And the husband pays the (scribe’s) fee. They may write out a document for the debtor even though the creditor is not with him, but they may not write out a document for the creditor unless the debtor is with him. And the debtor pays the (scribe’s) fee. They may write out a deed of sale for the seller although the buyer is not with him, but they may not write it out for the buyer unless the seller is with him. And the buyer pays the (scribe’s) fee.
If there were two brothers, one poor and one rich, and their father left them a bath house or an olive press, if the father had made them for hire, the profit is split equally. But if he made them for his own use alone, the rich brother may say to the poor brother, “Buy for yourself slaves and they can wash in the bath house” or “Buy for yourself olives and prepare them in the olive press.” If there were two in the same town, and one’s name was Joseph the son of Shimon and other’s name was Joseph the son of Shimon, neither can bring forth a debt document on the other, and another person cannot bring forth a debt document against them. And if some person finds amongst his documents a document that states, “The [debt] document of Joseph ben Shimon is paid”, both of their [debt] documents are paid. What should they do? They should write their names to the third generation. And if the names are the same through the third generation, they should give themselves a sign. And if their signs are the same, they should write “Cohen”. If a man said to his son, “One of my debt documents is paid and I do not know which one”, then all are deemed to be paid. If two documents were found [amongst his documents] written to the same debtor, then the large one is paid and the small one is not paid. If a man lent money to his fellow on a guarantor’s security, he may not exact payment from the guarantor. But if he had said, “On the condition that I may exact payment from whom I wish”, then he may exact payment from the guarantor. Rabban Shimon ben Gamaliel says: “If the borrower had property, in neither case can he exact payment from the guarantor.” Moreover, Rabban Shimon ben Gamaliel used to say: “If a man was a guarantor for a woman’s ketubah and her husband divorced her, the husband must vow to derive no further benefit from her, lest he make a conspiracy against the property of the guarantor and take his wife back again.”
The first-born takes a double share of the father's estate but he does not take a double share of the mother’s estate. He also does not take a double share of the improvement in the value of the estate. Nor from what will fall due [to the estate] as he does of what is held in possession. Nor can a woman claim with her ketubah [from these], Nor can daughters claim their support. Nor can a yavam make a claim [from these]. None of these take from the improvement in the value of the estate, nor of what will fall to the estate as they do of what is now held in possession.
[The property] of orphans which has been evaluated [must be proclaimed for] thirty days. And [the property of] the Sanctuary which has been evaluated, [for] sixty days. They must make the proclamation in the morning and in the evening. If a man dedicates his property to the Sanctuary and he is still liable for his wife’s ketubah: Rabbi Eliezer says: when he divorces her he must vow that he will not derive any further benefit from her. Rabbi Joshua says: he need not do so. Similarly, Rabban Shimon ben Gamaliel said: Also if one guarantees a woman's ketubah and her husband divorces her, the husband must vow to derive no benefit from her, lest he make a conspiracy against the property of that man [the guarantor] and take his wife back again.
[The property] of orphans which has been evaluated [must be proclaimed for] thirty days. And [the property of] the Sanctuary which has been evaluated, [for] sixty days. They must make the proclamation in the morning and in the evening. If a man dedicates his property to the Sanctuary and he is still liable for his wife’s ketubah: Rabbi Eliezer says: when he divorces her he must vow that he will not derive any further benefit from her. Rabbi Joshua says: he need not do so. Similarly, Rabban Shimon ben Gamaliel said: Also if one guarantees a woman's ketubah and her husband divorces her, the husband must vow to derive no benefit from her, lest he make a conspiracy against the property of that man [the guarantor] and take his wife back again.
A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.
A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.
A man who dedicates his possessions to the sanctuary while he is still liable for his wife's kethubah or in debt to a creditor, the wife cannot collect her ketubah from the consecrated property nor the creditor his debt. Rather he who redeems them must redeem for the purpose of paying the wife her ketubah or the creditor his debt. If he had dedicated ninety maneh, worth of property, and he owed one hundred maneh, then he [the creditor] must add one dinar more and he redeems the property for the purpose of paying the ketubah to the wife or the debt to the creditor.
The Jerusalem Talmud
MISHNAH: Rebbi Aqiba says: Any real estate is subject to peah and first fruits, to write a prozbol based on it, and to acquire simultaneously non-guaranteed property with money or contract or possession. If someone signs over his properties when bedridden and reserved for himself any real estate, his gift is permanent; if he did not reserve any real estate for himself, his gift is not permanent. If he signs over his properties to his sons and signs over some real estate for his wife, she lost her ketubah. Rebbi Yose says, if she accepted it, even if it was not in a written document, she lost her ketubah.
MISHNAH: Rebbi Aqiba says: Any real estate is subject to peah and first fruits, to write a prozbol based on it, and to acquire simultaneously non-guaranteed property with money or contract or possession. If someone signs over his properties when bedridden and reserved for himself any real estate, his gift is permanent; if he did not reserve any real estate for himself, his gift is not permanent. If he signs over his properties to his sons and signs over some real estate for his wife, she lost her ketubah. Rebbi Yose says, if she accepted it, even if it was not in a written document, she lost her ketubah.
Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah, and so stated bar Qappara that a relaxation of the laws of ketubah is proclaimed here. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand gold denars they proclaimed a relaxation of the laws of ketubah.
Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah, and so stated bar Qappara that a relaxation of the laws of ketubah is proclaimed here. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand gold denars they proclaimed a relaxation of the laws of ketubah.
Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah, and so stated bar Qappara that a relaxation of the laws of ketubah is proclaimed here. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand gold denars they proclaimed a relaxation of the laws of ketubah.
Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah, and so stated bar Qappara that a relaxation of the laws of ketubah is proclaimed here. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand gold denars they proclaimed a relaxation of the laws of ketubah.
Rav said, if he lets them acquire through her. Samuel says, if he distributes in her presence. Rebbi Yose ben Ḥanina said, they stated here a relaxation of the laws of ketubah, and so stated bar Qappara that a relaxation of the laws of ketubah is proclaimed here. Rebbi Abba said, the reason of Rebbi Yose ben Ḥanina is that it applies not only to a ketubah of a mina or two hundred, but even regarding a ketubah of one thousand gold denars they proclaimed a relaxation of the laws of ketubah.
Rebbi Zeïra said: Rebbi Eleazar (about one’s friend), Rebbi Joḥanan, and Rebbi Joshua ben Levi said the same thing. Rebbi Eleazar, as Rebbi Zeïra said in the name of Rebbi Eleazar: A man may acquire a find for his friend. Rebbi Joḥanan, as we have stated there (Mishnah Baba Meẓiah 1:5): “The finds of his minor sons and daughters, of his Gentile slaves and slave girls, and of his wife, belong to him. The finds of his adult sons and daughters, of his Jewish slaves and slave girls, and of his divorced wife in case that he had not yet paid her ketubah, belong to them. Rebbi Joḥanan said, if they are not dependents. But if they are dependent on their father, their finds belong to him. Rebbi Joshua ben Levi, as Rebbi Joshua ben Levi said: They disagree about a rich owner. But if the owner is poor, since he has the right to take it, the other person acquired it.
MISHNAH: He who owns 200 zuz should not take gleanings, forgotten sheaves, peah, and tithes of the poor. If he had 199, even if a thousand people gave him at the same time, he should take. If they were mortgaged for his wife’s ketubah or for a creditor, he may take. One does not require him to sell his house or the vessels of daily use.
So far a creditor who pushes for payment. Also for a creditor who does not push for payment? Let us hear from the following: “If they were mortgaged for his wife’s ketubah or for a creditor.” Is the wife not like a creditor who does not push for payment? “One does not require him to sell.”
“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.
“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.
“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.
“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.
“ That all tithes should be mine as long as you own it, he gets its tithes as long as the buyer owns it.” When he sold it to a third party, he has no tithes. If the buyer then bought it back from the third party, Rebbi Ḥiyya states that he has no tithes, Rebbi Hoshaia states that the tithes are his. This disagreement turns out like the other disagreement, as we have stated there “that he who divorces his wife and then remarries her, remarries her on the basis of the first ketubah.” Rebbi Ḥanin stated before Rebbi La: Two Amoraïm, one says for ketubah but not for individual stipulations, and the other says, both for ketubah and individual stipulations. For him who says, for ketubah but not for individual stipulations, he has the tithes. For him who says, both for ketubah and for individual stipulations, he has no tithes. But did we not state: “If somebody received (as sharecropper) from the daughter of a Cohen, she has the tithes. If she married an Israel, they split the tithes. If she was widowed or divorced, she returns to her prior status.” There when he sold, here when he received. But did not Rebbi Ḥiyya state: “When she sold?” Rebbi Samuel bar Eudaimon said, there it left the power of both parties; here, it left the power of the seller but not that of the buyer.
It was stated: “If somebody mortgages a field to a woman for her ketubah or a creditor for his claim and then sells it, that is sold and the buyer should beware for himself” This baraita if he said to her: you should be paid from this. They disagree if he says, you should only be paid from this.
Rav said, if she compromised [her ketubah], even if she did not extend credit, if she extended credit even though she did not compromise. Rebbi Ḥiyya stated: Unless she would compromise it and extend credit.
MISHNAH: If property came to a woman waiting for her levir, the House of Shammai agree with the House of Hillel that she may sell or give away and it is valid. If she dies, what does one do with her ketubah and property that enters and leaves with her? The House of Shammai say, the husband’s heirs should split with her father’s heirs. But the House of Hillel say that all property remains where it is; the ketubah in the hands of the husband’s heirs and property that enters and leaves with her in the hands of her father’s heirs.
MISHNAH: If property came to a woman waiting for her levir, the House of Shammai agree with the House of Hillel that she may sell or give away and it is valid. If she dies, what does one do with her ketubah and property that enters and leaves with her? The House of Shammai say, the husband’s heirs should split with her father’s heirs. But the House of Hillel say that all property remains where it is; the ketubah in the hands of the husband’s heirs and property that enters and leaves with her in the hands of her father’s heirs.
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. If she dies, what does one do with her ketubah?” 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.
Rebbi Hoshaia stated: The heirs of her ketubah are obliged to bury her. Rebbi Yose said, if Rebbi Hoshaia had not stated this, we would have had a problem. If she had no ketubah, do they not have to bury her? This is difficult. If a woman has no ketubah, does she not have to be buried? A wife, even if she has a ketubah, must be buried. This one, if she has a ketubah, is entitled to burial costs. But here, if she does not have a ketubah, she is not entitled to burial costs.
Rebbi Hoshaia stated: The heirs of her ketubah are obliged to bury her. Rebbi Yose said, if Rebbi Hoshaia had not stated this, we would have had a problem. If she had no ketubah, do they not have to bury her? This is difficult. If a woman has no ketubah, does she not have to be buried? A wife, even if she has a ketubah, must be buried. This one, if she has a ketubah, is entitled to burial costs. But here, if she does not have a ketubah, she is not entitled to burial costs.
Rebbi Hoshaia stated: The heirs of her ketubah are obliged to bury her. Rebbi Yose said, if Rebbi Hoshaia had not stated this, we would have had a problem. If she had no ketubah, do they not have to bury her? This is difficult. If a woman has no ketubah, does she not have to be buried? A wife, even if she has a ketubah, must be buried. This one, if she has a ketubah, is entitled to burial costs. But here, if she does not have a ketubah, she is not entitled to burial costs.
Rebbi Hoshaia stated: The heirs of her ketubah are obliged to bury her. Rebbi Yose said, if Rebbi Hoshaia had not stated this, we would have had a problem. If she had no ketubah, do they not have to bury her? This is difficult. If a woman has no ketubah, does she not have to be buried? A wife, even if she has a ketubah, must be buried. This one, if she has a ketubah, is entitled to burial costs. But here, if she does not have a ketubah, she is not entitled to burial costs.
Rebbi Hoshaia stated: The heirs of her ketubah are obliged to bury her. Rebbi Yose said, if Rebbi Hoshaia had not stated this, we would have had a problem. If she had no ketubah, do they not have to bury her? This is difficult. If a woman has no ketubah, does she not have to be buried? A wife, even if she has a ketubah, must be buried. This one, if she has a ketubah, is entitled to burial costs. But here, if she does not have a ketubah, she is not entitled to burial costs.
Rebbi Hoshaia stated: The heirs of her ketubah are obliged to bury her. Rebbi Yose said, if Rebbi Hoshaia had not stated this, we would have had a problem. If she had no ketubah, do they not have to bury her? This is difficult. If a woman has no ketubah, does she not have to be buried? A wife, even if she has a ketubah, must be buried. This one, if she has a ketubah, is entitled to burial costs. But here, if she does not have a ketubah, she is not entitled to burial costs.
MISHNAH: If he married her, she is his wife in every respect except that her ketubah is a lien on the property of her first husband.
HALAKHAH: “If he married her, she is his wife in every respect”, 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 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.” At 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.
HALAKHAH: “If he married her, she is his wife in every respect”, 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 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.” At 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.
HALAKHAH: “If he married her, she is his wife in every respect”, 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 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.” At 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.
HALAKHAH: “If he married her, she is his wife in every respect”, 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 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.” At 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.
HALAKHAH: “If he married her, she is his wife in every respect”, 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 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.” At 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.
Rebbi Ze‘ira in the name of Rav Hamnuna said: A betrothed woman who died does not have a ketubah since she was not permitted to marry outside. That you should not say [the case] should be considered as if he divorced her and she should have a ketubah; therefore it was necessary to say that she does not have a ketubah.
Rebbi Ze‘ira in the name of Rav Hamnuna said: A betrothed woman who died does not have a ketubah since she was not permitted to marry outside. That you should not say [the case] should be considered as if he divorced her and she should have a ketubah; therefore it was necessary to say that she does not have a ketubah.
Rebbi Ze‘ira in the name of Rav Hamnuna said: A betrothed woman who died does not have a ketubah since she was not permitted to marry outside. That you should not say [the case] should be considered as if he divorced her and she should have a ketubah; therefore it was necessary to say that she does not have a ketubah.
Rebbi Immi in the name of Rebbi Simeon ben Laqish. The reason of that Tanna: “At the end of ten years since Abram lived in the Land of Canaan.” Deduct the years outside the Land. We also have stated: [The time during which] she was sick or he was sick, or he went overseas, does not count. If she was married to the first [husband] and did not give birth, she receives ketubah; from the second she receives ketubah, from the third she receives ketubah, from the fourth and fifth she has no ketubah. Rebbi Ḥanina bar ‘Agil in the name of Rebbi Ḥizqiah: From the third himself she has no ketubah. If she was married to a fourth or fifth and did not give birth, may the earlier ones have regress on her? She can say, only now did this woman become sterile. If she was married to the fifth and gave birth, has she regress on the fourth? He says to her, your silence is better than your talk.
Rebbi Immi in the name of Rebbi Simeon ben Laqish. The reason of that Tanna: “At the end of ten years since Abram lived in the Land of Canaan.” Deduct the years outside the Land. We also have stated: [The time during which] she was sick or he was sick, or he went overseas, does not count. If she was married to the first [husband] and did not give birth, she receives ketubah; from the second she receives ketubah, from the third she receives ketubah, from the fourth and fifth she has no ketubah. Rebbi Ḥanina bar ‘Agil in the name of Rebbi Ḥizqiah: From the third himself she has no ketubah. If she was married to a fourth or fifth and did not give birth, may the earlier ones have regress on her? She can say, only now did this woman become sterile. If she was married to the fifth and gave birth, has she regress on the fourth? He says to her, your silence is better than your talk.
Rebbi Immi in the name of Rebbi Simeon ben Laqish. The reason of that Tanna: “At the end of ten years since Abram lived in the Land of Canaan.” Deduct the years outside the Land. We also have stated: [The time during which] she was sick or he was sick, or he went overseas, does not count. If she was married to the first [husband] and did not give birth, she receives ketubah; from the second she receives ketubah, from the third she receives ketubah, from the fourth and fifth she has no ketubah. Rebbi Ḥanina bar ‘Agil in the name of Rebbi Ḥizqiah: From the third himself she has no ketubah. If she was married to a fourth or fifth and did not give birth, may the earlier ones have regress on her? She can say, only now did this woman become sterile. If she was married to the fifth and gave birth, has she regress on the fourth? He says to her, your silence is better than your talk.
Rebbi Immi in the name of Rebbi Simeon ben Laqish. The reason of that Tanna: “At the end of ten years since Abram lived in the Land of Canaan.” Deduct the years outside the Land. We also have stated: [The time during which] she was sick or he was sick, or he went overseas, does not count. If she was married to the first [husband] and did not give birth, she receives ketubah; from the second she receives ketubah, from the third she receives ketubah, from the fourth and fifth she has no ketubah. Rebbi Ḥanina bar ‘Agil in the name of Rebbi Ḥizqiah: From the third himself she has no ketubah. If she was married to a fourth or fifth and did not give birth, may the earlier ones have regress on her? She can say, only now did this woman become sterile. If she was married to the fifth and gave birth, has she regress on the fourth? He says to her, your silence is better than your talk.
Rebbi Immi in the name of Rebbi Simeon ben Laqish. The reason of that Tanna: “At the end of ten years since Abram lived in the Land of Canaan.” Deduct the years outside the Land. We also have stated: [The time during which] she was sick or he was sick, or he went overseas, does not count. If she was married to the first [husband] and did not give birth, she receives ketubah; from the second she receives ketubah, from the third she receives ketubah, from the fourth and fifth she has no ketubah. Rebbi Ḥanina bar ‘Agil in the name of Rebbi Ḥizqiah: From the third himself she has no ketubah. If she was married to a fourth or fifth and did not give birth, may the earlier ones have regress on her? She can say, only now did this woman become sterile. If she was married to the fifth and gave birth, has she regress on the fourth? He says to her, your silence is better than your talk.
If she had intercourse and saw blood repeatedly. Some Tannaïm state, a second time she may have intercourse, a third time she may not. But some Tannaïm state, a third time she may have intercourse, a fourth time she may not. They wanted to say that he who says, a second time she may have intercourse, a third time she may not, holds with him who says that a third time she has no ketubah. But he who says, a third time she may have intercourse, a fourth time she may not, holds with him who says that the third time she has ketubah. If one gave birth to male childen and they died when being circumcised. Some Tannaïm state, a second time one should circumcise, a third time one should not circumcise. Some Tannaïm state, a third time one should circumcise, a fourth time one should not circumcise. They wanted to say that he who says, a second time one should circumcise, a third time one should not circumcise, holds with him who says that a third time she has no ketubah He who says, a third time one should circumcise, a fourth time one should not circumcise, holds with him who says that the third time she has ketubah. Even he, who says that the third time she has ketubah agrees here that one should not circumcise because of the danger. It was stated: Rebbi Nathan said, it happened that I went to Kappadokian Caesarea, and there was a woman who gave birth to male children and they died when being circumcised. She circumcised the first [child] and he died, the second and he died, the third and he died. She brought the fourth one before me, I looked at him and saw that he did not have enough blood for circumcision. I told them, wait for later. They waited, circumsised him, he turned out to be living, and they called him Nathan after me.
If she had intercourse and saw blood repeatedly. Some Tannaïm state, a second time she may have intercourse, a third time she may not. But some Tannaïm state, a third time she may have intercourse, a fourth time she may not. They wanted to say that he who says, a second time she may have intercourse, a third time she may not, holds with him who says that a third time she has no ketubah. But he who says, a third time she may have intercourse, a fourth time she may not, holds with him who says that the third time she has ketubah. If one gave birth to male childen and they died when being circumcised. Some Tannaïm state, a second time one should circumcise, a third time one should not circumcise. Some Tannaïm state, a third time one should circumcise, a fourth time one should not circumcise. They wanted to say that he who says, a second time one should circumcise, a third time one should not circumcise, holds with him who says that a third time she has no ketubah He who says, a third time one should circumcise, a fourth time one should not circumcise, holds with him who says that the third time she has ketubah. Even he, who says that the third time she has ketubah agrees here that one should not circumcise because of the danger. It was stated: Rebbi Nathan said, it happened that I went to Kappadokian Caesarea, and there was a woman who gave birth to male children and they died when being circumcised. She circumcised the first [child] and he died, the second and he died, the third and he died. She brought the fourth one before me, I looked at him and saw that he did not have enough blood for circumcision. I told them, wait for later. They waited, circumsised him, he turned out to be living, and they called him Nathan after me.
If she had intercourse and saw blood repeatedly. Some Tannaïm state, a second time she may have intercourse, a third time she may not. But some Tannaïm state, a third time she may have intercourse, a fourth time she may not. They wanted to say that he who says, a second time she may have intercourse, a third time she may not, holds with him who says that a third time she has no ketubah. But he who says, a third time she may have intercourse, a fourth time she may not, holds with him who says that the third time she has ketubah. If one gave birth to male childen and they died when being circumcised. Some Tannaïm state, a second time one should circumcise, a third time one should not circumcise. Some Tannaïm state, a third time one should circumcise, a fourth time one should not circumcise. They wanted to say that he who says, a second time one should circumcise, a third time one should not circumcise, holds with him who says that a third time she has no ketubah He who says, a third time one should circumcise, a fourth time one should not circumcise, holds with him who says that the third time she has ketubah. Even he, who says that the third time she has ketubah agrees here that one should not circumcise because of the danger. It was stated: Rebbi Nathan said, it happened that I went to Kappadokian Caesarea, and there was a woman who gave birth to male children and they died when being circumcised. She circumcised the first [child] and he died, the second and he died, the third and he died. She brought the fourth one before me, I looked at him and saw that he did not have enough blood for circumcision. I told them, wait for later. They waited, circumsised him, he turned out to be living, and they called him Nathan after me.
If she had intercourse and saw blood repeatedly. Some Tannaïm state, a second time she may have intercourse, a third time she may not. But some Tannaïm state, a third time she may have intercourse, a fourth time she may not. They wanted to say that he who says, a second time she may have intercourse, a third time she may not, holds with him who says that a third time she has no ketubah. But he who says, a third time she may have intercourse, a fourth time she may not, holds with him who says that the third time she has ketubah. If one gave birth to male childen and they died when being circumcised. Some Tannaïm state, a second time one should circumcise, a third time one should not circumcise. Some Tannaïm state, a third time one should circumcise, a fourth time one should not circumcise. They wanted to say that he who says, a second time one should circumcise, a third time one should not circumcise, holds with him who says that a third time she has no ketubah He who says, a third time one should circumcise, a fourth time one should not circumcise, holds with him who says that the third time she has ketubah. Even he, who says that the third time she has ketubah agrees here that one should not circumcise because of the danger. It was stated: Rebbi Nathan said, it happened that I went to Kappadokian Caesarea, and there was a woman who gave birth to male children and they died when being circumcised. She circumcised the first [child] and he died, the second and he died, the third and he died. She brought the fourth one before me, I looked at him and saw that he did not have enough blood for circumcision. I told them, wait for later. They waited, circumsised him, he turned out to be living, and they called him Nathan after me.
If she had intercourse and saw blood repeatedly. Some Tannaïm state, a second time she may have intercourse, a third time she may not. But some Tannaïm state, a third time she may have intercourse, a fourth time she may not. They wanted to say that he who says, a second time she may have intercourse, a third time she may not, holds with him who says that a third time she has no ketubah. But he who says, a third time she may have intercourse, a fourth time she may not, holds with him who says that the third time she has ketubah. If one gave birth to male childen and they died when being circumcised. Some Tannaïm state, a second time one should circumcise, a third time one should not circumcise. Some Tannaïm state, a third time one should circumcise, a fourth time one should not circumcise. They wanted to say that he who says, a second time one should circumcise, a third time one should not circumcise, holds with him who says that a third time she has no ketubah He who says, a third time one should circumcise, a fourth time one should not circumcise, holds with him who says that the third time she has ketubah. Even he, who says that the third time she has ketubah agrees here that one should not circumcise because of the danger. It was stated: Rebbi Nathan said, it happened that I went to Kappadokian Caesarea, and there was a woman who gave birth to male children and they died when being circumcised. She circumcised the first [child] and he died, the second and he died, the third and he died. She brought the fourth one before me, I looked at him and saw that he did not have enough blood for circumcision. I told them, wait for later. They waited, circumsised him, he turned out to be living, and they called him Nathan after me.
Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.
Rebbi Jacob bar Aḥa said, there is disagreement about mortmain slaves. Rebbi Joḥanan said, if he sold them, they are not sold. Rebbi Eleazar said to him, they are eating heave by his power and you say so? He answered, do not paraphernalia slaves also eat by his power, and one says that if he sold them, they are not sold. From your own they gave to you. It would be logical that one should not eat heave. But they said that he eats, and they said, if he sold them, they are not sold. Rebbi Jacob bar Aḥa in the name of Rebbi Josiah. A baraita supports one and another baraita supports the other. A baraita supports Rebbi Eleazar: Paraphernalia slaves are freed on account of “tooth and eye” from the wife but not the husband. Mortmain slaves are freed by “tooth and eye” from the husband but not the wife. What does Rebbi Joḥanan do with this? They are quick to manumit, as we have stated: If somebody mortgages a slave and later sold him, he is not sold; if he freed him, he is freed. A baraita supports Rebbi Joḥanan: Neither mortmain slaves nor paraphernalia slaves are under the rules of “one or two days” and are freed by “tooth or eye” from neither the husband nor the wife. Where do they disagree? When he sold them forever or sold them for some time? If you say that he sold them permanently rather than temporarily, does everybody agree that they are sold? If you say that he sold them temporarily rather than permanently, does everybody agree that they are not sold? Let us hear from the following: If somebody mortgages his field to his wife for her ketubah or to a creditor for his claim and then sells it, it is sold and the buyer should beware for himself. Rabban Simeon ben Gamliel says, for the ketubah of the wife it is not sold since it is unthinkable that a woman should run around at courts of law. They said, Rebbi Eleazar parallels the rabbis, Rebbi Joḥanan Rabban Simeon ben Gamliel. That means, we deal with a temporary sale. But if he sold permanently, everybody agrees that they are not sold.
Rebbi Ismael ben Rebbi Yose stated in the name of his father: If there was a daughter, she enables to eat. Rebbi Immi in the name of Rebbi Joḥanan: Because she is able to take her upkeep away from them. Is a wife not also able to take her upkeep away from them? She might request her ketubah be paid or lose her ketubah. This is difficult! The ketubah is a biblical institution, the upkeep of the daughters is rabbinical; do their institutions uproot a word of the Torah? It follows him who said that they accepted tithes voluntarily.
Rebbi Ismael ben Rebbi Yose stated in the name of his father: If there was a daughter, she enables to eat. Rebbi Immi in the name of Rebbi Joḥanan: Because she is able to take her upkeep away from them. Is a wife not also able to take her upkeep away from them? She might request her ketubah be paid or lose her ketubah. This is difficult! The ketubah is a biblical institution, the upkeep of the daughters is rabbinical; do their institutions uproot a word of the Torah? It follows him who said that they accepted tithes voluntarily.
Rebbi Ismael ben Rebbi Yose stated in the name of his father: If there was a daughter, she enables to eat. Rebbi Immi in the name of Rebbi Joḥanan: Because she is able to take her upkeep away from them. Is a wife not also able to take her upkeep away from them? She might request her ketubah be paid or lose her ketubah. This is difficult! The ketubah is a biblical institution, the upkeep of the daughters is rabbinical; do their institutions uproot a word of the Torah? It follows him who said that they accepted tithes voluntarily.
MISHNAH: Secondary prohibitions instituted by the Sopherim. If she is secondarily prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir. Secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband. Secondarily prohibited to both of them, she is forbidden to both of them. She may claim neither Ketubah nor usufruct nor upkeep nor wear but the child is qualified and one forces him to divorce her. A widow married to the High Priest, a divorcee of one that performed ḥalîṣah married to a simple priest, a female bastard or a Gibeoness married to an Israel, and Israel woman married to a Gibeonite or a bastard have a claim of Ketubah.
MISHNAH: Secondary prohibitions instituted by the Sopherim. If she is secondarily prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir. Secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband. Secondarily prohibited to both of them, she is forbidden to both of them. She may claim neither Ketubah nor usufruct nor upkeep nor wear but the child is qualified and one forces him to divorce her. A widow married to the High Priest, a divorcee of one that performed ḥalîṣah married to a simple priest, a female bastard or a Gibeoness married to an Israel, and Israel woman married to a Gibeonite or a bastard have a claim of Ketubah.
HALAKHAH: “Secondary prohibitions instituted by the Sopherim,” etc. “If she is secondarily, rabbinically, prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir.” Does she have Ketubah from the levir? Since she is permitted to him, she has Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was forbidden to him, does she have no Ketubah?
HALAKHAH: “Secondary prohibitions instituted by the Sopherim,” etc. “If she is secondarily, rabbinically, prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir.” Does she have Ketubah from the levir? Since she is permitted to him, she has Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was forbidden to him, does she have no Ketubah?
HALAKHAH: “Secondary prohibitions instituted by the Sopherim,” etc. “If she is secondarily, rabbinically, prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir.” Does she have Ketubah from the levir? Since she is permitted to him, she has Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was forbidden to him, does she have no Ketubah?
HALAKHAH: “Secondary prohibitions instituted by the Sopherim,” etc. “If she is secondarily, rabbinically, prohibited to the husband but not to the levir, she is forbidden to the husband but permitted to the levir.” Does she have Ketubah from the levir? Since she is permitted to him, she has Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was forbidden to him, does she have no Ketubah?
“If she is secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband.” Does she have Ketubah from the levir? Since she is forbidden to him, she does not have Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was permitted to him, does she have Ketubah?
“If she is secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband.” Does she have Ketubah from the levir? Since she is forbidden to him, she does not have Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was permitted to him, does she have Ketubah?
“If she is secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband.” Does she have Ketubah from the levir? Since she is forbidden to him, she does not have Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was permitted to him, does she have Ketubah?
“If she is secondarily prohibited to the levir but not to the husband, she is forbidden to the levir but permitted to the husband.” Does she have Ketubah from the levir? Since she is forbidden to him, she does not have Ketubah, or because the Ketubah is a lien on the estate of her first husband and she was permitted to him, does she have Ketubah?
There, we have stated: “A forced bill of divorce is valid in Israel; it is invalid from Gentiles.” Samuel said, it is invalid and disqualifies for the priesthood. And Samuel said, publicize in your towns: It is invalid and disqualifies for the priesthood. Samuel said, one does not force, only disqualify. Samuel said, one does not force except for example a widow married to a High Priest, a divorcee or one freed by ḥalîṣah for a simple priest. But did we not state: “Secondarily forbidden”? Did he not say “for example”? But did we not state: “A person who by a vow forbids his wife to have any usufruct from him, up to 30 days he shall appoint a caretaker; after 30 days he shall divorce her and pay Ketubah”! We heard that he shall divorce; did we hear that one forces him?
What is the difference between these and those? Since these are words of the Torah and the words of the Torah do not need support, therefore they have Ketubah. Those, because they are words of the Sopherim and the words of the Sopherim need support, therefore they do not have Ketubah. Some want to say since these are punished together with the child, they did not fine them, therefore they have Ketubah. Those, since they are not punished together with the child, they fined them, therefore they do not have Ketubah What is the difference between them? He who remarried his divorced wife after she had remarried. For him who says since these are words of the Torah, and this case is a word of the Torah, therefore she has Ketubah. For those who want to say since these are punished together with the child, this one, since neither she nor the child is punished, therefore, she has no Ketubah.
What is the difference between these and those? Since these are words of the Torah and the words of the Torah do not need support, therefore they have Ketubah. Those, because they are words of the Sopherim and the words of the Sopherim need support, therefore they do not have Ketubah. Some want to say since these are punished together with the child, they did not fine them, therefore they have Ketubah. Those, since they are not punished together with the child, they fined them, therefore they do not have Ketubah What is the difference between them? He who remarried his divorced wife after she had remarried. For him who says since these are words of the Torah, and this case is a word of the Torah, therefore she has Ketubah. For those who want to say since these are punished together with the child, this one, since neither she nor the child is punished, therefore, she has no Ketubah.
What is the difference between these and those? Since these are words of the Torah and the words of the Torah do not need support, therefore they have Ketubah. Those, because they are words of the Sopherim and the words of the Sopherim need support, therefore they do not have Ketubah. Some want to say since these are punished together with the child, they did not fine them, therefore they have Ketubah. Those, since they are not punished together with the child, they fined them, therefore they do not have Ketubah What is the difference between them? He who remarried his divorced wife after she had remarried. For him who says since these are words of the Torah, and this case is a word of the Torah, therefore she has Ketubah. For those who want to say since these are punished together with the child, this one, since neither she nor the child is punished, therefore, she has no Ketubah.
What is the difference between these and those? Since these are words of the Torah and the words of the Torah do not need support, therefore they have Ketubah. Those, because they are words of the Sopherim and the words of the Sopherim need support, therefore they do not have Ketubah. Some want to say since these are punished together with the child, they did not fine them, therefore they have Ketubah. Those, since they are not punished together with the child, they fined them, therefore they do not have Ketubah What is the difference between them? He who remarried his divorced wife after she had remarried. For him who says since these are words of the Torah, and this case is a word of the Torah, therefore she has Ketubah. For those who want to say since these are punished together with the child, this one, since neither she nor the child is punished, therefore, she has no Ketubah.