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The Jerusalem Talmud
Our Mishnah disagrees with Rebbi Simeon ben Laqish! “If somebody eats heave intentionally he pays the principal but not the fifth.” In the opinion of Nathan bar Hoshaiah who said he pays, it is understandable. In the opinion of Rebbi Joḥanan who said, if he was cautioned he is flogged, but if he was not cautioned he pays, he explains it as intentional without cautioning. In the opinion of Rebbi Simeon ben Laqish there is no difference between intentional and unintentional, between cautioned or not cautioned. He explains following Rebbi Meïr who says, he is flogged and he pays.
Rebbi Ḥinena said before Rebbi Mana: Even if Rebbi Simeon ben Laqish thought the entire Mishnaiot were Rebbi Meïr’s, does the verse agree with Rebbi Meïr? Is it not written (Lev. 22:14): “If a person ate consecrated food in error”? But Rebbi Simeon ben Laqish must hold that the fifth is a sacrifice. But even if he holds that the fifth is a sacrifice, can the principal be a sacrifice? Rebbi Yudan bar Shalom said, the Mishnah declares that the principal is a fine, as we have stated: “He does not pay in heave but in totally profane food which is turned into heave.” If he had to pay from what he ate, it would be fine. And it was stated: “If he ate impure heave, he has to pay in pure profane food, but if he paid in impure profane, he discharged his obligation.” Does he not owe him the price of wood? That shows that the principal is a fine and since the principal is a fine, the fifth also is a fine. But Rebbi Simeon ben Laqish follows his own opinion. Just as Rebbi Simeon ben Laqish said, there, everybody was under the obligation of (Ex. 20:16) “Do not become a false witness against your neighbor”, but this one was treated separately, (Deut. 19:19) “do to him what he intended to do to his brother”, to pay money; also here, everybody was under the obligation of (Lev. 22:10) “no outsider shall eat holy [food],” but this one was treated separately, (Lev. 22:14) “if somebody should eat holy [food] in error,” to pay money.
Rebbi Judah bar Pazi asked: What say these Tannaïm about whipping and extirpation? Rebbi Yose said, that is a problem for the rabbis. Rebbi Jonah said, why can we not understand it from what Rebbi Simeon ben Ioḥai stated? As Rebbi Simeon ben Ioḥai stated: “Rebbi Ṭarphon says, extirpation was mentioned for the Sabbath and the Day of Atonement. Since for extirpation mentioned for the Sabbath there is no payment in a case involving the death penalty, so for extirpation mentioned for the Day of Atonement there is no payment in a case involving extirpation.” Rebbi Mana said before Rebbi Yose: When do we need this? Not for Rebbi Simeon ben Laqish? But for Rebbi Joḥanan, if he admits flogging in death penalty cases, certainly flogging in extirpation cases, since they disagreed: If somebody slaughters [an animal] and its young for idolatrous purposes. Rebbi Joḥanan says, if he was cautioned about an animal and its young, he is flogged, about idolatry, he is stoned to death. Rebbi Simeon ben Laqish said, even if he was cautioned about an animal and its young, he is not flogged since he would be stoned to death had he been cautioned about idolatry. He said to him, we need it even for Rebbi Joḥanan! Here are two cases, there it is one case.
HALAKHAH: “The seducer pays three,” etc. This does not follow Rebbi Simeon, since Rebbi Simeon freed the rapist from paying for suffering. To what can you compare this? To one who cuts somebody’s wart when that one would have cut it himself in the future. To what can you compare this? To one who cuts somebody’s trees when that one would have cut them himself in the future. They said to him, you cannot compare one who is deflowered by rape to one who is deflowered by consent; you cannot compare one who is deflowered on a dungheap to one who is deflowered in the bridal chamber! How does Rebbi Simeon interpret ’’because he mistreated her”? They said in the name of Rav Ḥisda, explain it that he raped her on thorns.
HALAKHAH: “The seducer pays three,” etc. This does not follow Rebbi Simeon, since Rebbi Simeon freed the rapist from paying for suffering. To what can you compare this? To one who cuts somebody’s wart when that one would have cut it himself in the future. To what can you compare this? To one who cuts somebody’s trees when that one would have cut them himself in the future. They said to him, you cannot compare one who is deflowered by rape to one who is deflowered by consent; you cannot compare one who is deflowered on a dungheap to one who is deflowered in the bridal chamber! How does Rebbi Simeon interpret ’’because he mistreated her”? They said in the name of Rav Ḥisda, explain it that he raped her on thorns.
So far payments that are consequences of sexual relations. If somebody injured her, blinded one of her eyes, cut off one of her hands, broke one of her legs? To whom does he pay, to her or to her father? Rebbi Joḥanan said, he pays to her father; Rebbi Simeon ben Laqish said, he pays to her. Rebbi Simeon ben Laqish is of the opinion that her earnings belong to her even before she becomes an adult. Rebbi Joḥanan says, only after she comes of age. Rebbi Abin in the name of Rebbi Hila: They disagree before she comes of age, but after she is an adult everybody agrees that all belongs to her. A baraita supports either one of them. A baraita supports Rebbi Joḥanan: If somebody injures somebody else’s daughter or son, the payments for the son must be given immediately; those for the daughter shall be held as property value. Rebbi Yudan, the father of Rebbi Judah the father of Rebbi Mattaniah, said that some state it so that beginning and end support Rebbi Simeon ben Laqish: If somebody injures his own underage daughter, diminution of value belong to her and he is free from paying for shame and diminution of value. If others injure her, diminution of values belong to her, the rest shall be transformed into property value, but payments for shame and diminution of value belong to her father.
So far payments that are consequences of sexual relations. If somebody injured her, blinded one of her eyes, cut off one of her hands, broke one of her legs? To whom does he pay, to her or to her father? Rebbi Joḥanan said, he pays to her father; Rebbi Simeon ben Laqish said, he pays to her. Rebbi Simeon ben Laqish is of the opinion that her earnings belong to her even before she becomes an adult. Rebbi Joḥanan says, only after she comes of age. Rebbi Abin in the name of Rebbi Hila: They disagree before she comes of age, but after she is an adult everybody agrees that all belongs to her. A baraita supports either one of them. A baraita supports Rebbi Joḥanan: If somebody injures somebody else’s daughter or son, the payments for the son must be given immediately; those for the daughter shall be held as property value. Rebbi Yudan, the father of Rebbi Judah the father of Rebbi Mattaniah, said that some state it so that beginning and end support Rebbi Simeon ben Laqish: If somebody injures his own underage daughter, diminution of value belong to her and he is free from paying for shame and diminution of value. If others injure her, diminution of values belong to her, the rest shall be transformed into property value, but payments for shame and diminution of value belong to her father.
So far payments that are consequences of sexual relations. If somebody injured her, blinded one of her eyes, cut off one of her hands, broke one of her legs? To whom does he pay, to her or to her father? Rebbi Joḥanan said, he pays to her father; Rebbi Simeon ben Laqish said, he pays to her. Rebbi Simeon ben Laqish is of the opinion that her earnings belong to her even before she becomes an adult. Rebbi Joḥanan says, only after she comes of age. Rebbi Abin in the name of Rebbi Hila: They disagree before she comes of age, but after she is an adult everybody agrees that all belongs to her. A baraita supports either one of them. A baraita supports Rebbi Joḥanan: If somebody injures somebody else’s daughter or son, the payments for the son must be given immediately; those for the daughter shall be held as property value. Rebbi Yudan, the father of Rebbi Judah the father of Rebbi Mattaniah, said that some state it so that beginning and end support Rebbi Simeon ben Laqish: If somebody injures his own underage daughter, diminution of value belong to her and he is free from paying for shame and diminution of value. If others injure her, diminution of values belong to her, the rest shall be transformed into property value, but payments for shame and diminution of value belong to her father.
So far payments that are consequences of sexual relations. If somebody injured her, blinded one of her eyes, cut off one of her hands, broke one of her legs? To whom does he pay, to her or to her father? Rebbi Joḥanan said, he pays to her father; Rebbi Simeon ben Laqish said, he pays to her. Rebbi Simeon ben Laqish is of the opinion that her earnings belong to her even before she becomes an adult. Rebbi Joḥanan says, only after she comes of age. Rebbi Abin in the name of Rebbi Hila: They disagree before she comes of age, but after she is an adult everybody agrees that all belongs to her. A baraita supports either one of them. A baraita supports Rebbi Joḥanan: If somebody injures somebody else’s daughter or son, the payments for the son must be given immediately; those for the daughter shall be held as property value. Rebbi Yudan, the father of Rebbi Judah the father of Rebbi Mattaniah, said that some state it so that beginning and end support Rebbi Simeon ben Laqish: If somebody injures his own underage daughter, diminution of value belong to her and he is free from paying for shame and diminution of value. If others injure her, diminution of values belong to her, the rest shall be transformed into property value, but payments for shame and diminution of value belong to her father.
MISHNAH: If somebody gives his daughter in preliminary marriage and she was divorced, in preliminary marriage and she was widowed, the ketubah belongs to him. If he gave her in definitive marriage and she was divorced, in definitive marriage and she was widowed, the ketubah belongs to her. Rebbi Jehudah says, the first ketubah is his. They said to him, from the moment he gave her in definitive marriage, he no longer has any power over her.
HALAKHAH: “If somebody gives his daughter in preliminary marriage,” etc. Rebbi Abun bar Ḥiyya said, the reason of Rebbi Jehudah is to encourage a man to give an ample dowry to his daughter. Rebbi Jacob bar Aḥa in the name of Rebbi Isaac: Rebbi (Meïr) learned from the calumniator. Did not Rebbi Ḥiyya state: If she whored while in her father’s house and he calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses are executed by stoning? Rebbi Mana asked before Rebbi Yose: Think of it, if he calumniated her when she was an adolescent and now she is an adult? He said to him, we heard that he pays to her father. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how could the rabbis compare a ketubah to a fine when they are not comparable! For the ketubah is an obligation from the first hour but the fine is only at the end; and you say so? He said to him, who says that to you? Even the [obligation of the] fine is from the first moment. It turns out that Rebbi Mana is like Rebbi Jeremiah and (like Rebbi Yose ben Ze‘ira).
Rebbi Simeon ben Laqish in the name of Rebbi Jehudah bar Ḥaninah: They voted in Usha that one who insults an Elder or hits him has to indemnify him fully for his shame. It happened, that somebody who insulted an Elder and hit him had to indemnify him fully for his shame. They said, it happened to Rebbi Jehudah ben Ḥanina.
Rebbi Meïr insists on interpreting the contract text. Rebbi Meïr explained, if somebody accepts a field as a contractor, at the moment [he] accepts, one estimates how much it is expected to yield and he gives to [the owner]. Because the standard contract reads: “If I let it lie fallow and do not work on it, I shall pay as if from the best.”
“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas; it was heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father or any person from whom he might inherit went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of broken persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known. Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of broken people. Rebbi Jacob bar Aḥa in the name of Rav: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?
“If somebody who works his wife’s property has the intention of divorcing her and goes and takes from the ground, he is quick and is rewarded. If somebody who works the property of prisoners heard that they prepare to return, goes and takes from the ground, he is quick and is rewarded. These are properties of prisoners: In any case where his father, brother, or any person from whom he might inherit, went overseas; it was heard that they died, and he went to work the inheritance. But property of abandoning persons one takes out of their hands. These are properties of abandoning persons: In any case where his father or any person from whom he might inherit went overseas, he did not hear that they died, but he went to work the inheritance. Rabban Simeon ben Gamliel said, I heard that there is no difference between prisoners and abandoning persons. But property of broken persons one takes out of their hands. These are properties of broken persons: In any case where his father, brother, or any person from whom he might inherit, went overseas, and his whereabouts are not known. Samuel says, the prisoner is one who left involuntarily. If he had left voluntarily he would have given him instructions. The abandoning person is one who left voluntarily. You should know that he had the intention of keeping [the relative] off his property since he left voluntarily and did not give him instructions. Rebbi Abba, Rav Jehudah in the name of Samuel: Movables do not fall under the rules of broken people. Rebbi Jacob bar Aḥa in the name of Rav: Those date palms of Babylonia which do not need grafting, is it not reasonable that we should treat them like standing grain ready to be harvested and grapes ready to be harvested?
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
There, we have stated: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter) son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him). He said to him, there is no “shall inherit” but “shall take”. When he came to his father, he said to him: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words?
HALAKHAH: “Even though they said that a virgin collects 200,” etc. How does he become indebted to her? Do not Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, if somebody writes a debenture for another person under the assumption that he owes him and it turns out that he does not owe, [he does not have] to give to him! He wants to give much to be called X’s son-in-law. That is, if he decided this at the time of the preliminary marriage. What if he decided this at the time of the definitive marriage? He wants to give much for sexual relations with her, which are sweet. That is if he slept with her. If he did not sleep with her? He wants to give much for the acquisition he made. If he had decided at the preliminary marriage, at the definitive marriage, he already is called X’s son-in-law, sexual relations are nothing new, there is no new acquisition; from thereon he wants to give much that she should not change her mind. But can she? Was it not stated that “a man divorces only by his own will”? Rebbi Abin said, she makes his life miserable and he frees her.
Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: “How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons,” but only if it is a first marriage. This follows what Rebbi Ḥanania said: If somebody definitively married off his son in a house, the latter acquired the house, but only if it is a first marriage. Rebbi Hoshaia said, she acquired movables but did not acquire the house. Do they disagree? Rebbi Jeremiah in the name of Rebbi Abbahu: Explain it that his father used it for storage. Rebbi Ḥizqiah in the name of Rebbi Joshua ben Levi: It is needed in case what was stored was borrowed from the market. Rebbi Abbahu said, if he said it is loaned, he did not acquire it. There came a case before Rebbi Jacob ben Rebbi Abun and he instructed following Rebbi Abbahu. Rebbi Ze‘ira said, essentialy this has no basis but the rabbis build and add to it!
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
So is the Mishnah: “Because he did only add for the love of the first night, when he had intercourse with her.” If he slept with her, divorced her, and took her back, the love of the first night is still there. If he slept with her, died, and she became available to the levir, the love of the first night is still there. Rebbi Jacob bar Aḥa, Rebbi Alexis in the name of Ḥizqiah: Practice follows Rebbi Eleazar ben Azariah who said, if they were divorced or widowed after a preliminary marriage she collects 200, after the definitive marriage she collects everything. Rebbi Ḥanania said, practice follows Rebbi Eleazar ben Azariah. Rebbi Abbai said, they said to Rebbi Ḥanania, get outside to recite. Rebbi Jonah, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice follows Rebbi Eleazar ben Azariah. Rebbi Yosa, Rebbi Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. Rebbi Yose said, we had a rule that Ḥizqiah and Rebbi Jonathan said the same thing. As it was stated: If somebody’s son went overseas and one heard that he died, [the father] went and wrote his property to somebody else, and after that, the son returned. The gift remains valid; Rebbi Simeon ben Menasia says that the gift is invalid since he would not have written the deed if he had known that his son was alive. And Rebbi Jacob bar Aḥa said, practice follows Rebbi Eleazar ben Azariah, and the reason of Rebbi Eleazar ben Azariah is the reason of Rebbi Simeon ben Menasia; and Rebbi Yannai said, they said to Rebbi Ḥanania, get outside to recite. And Rebbi Yose bar Ze‘ira in the name of Rebbi Jonathan said, practice does not follow Rebbi Eleazar ben Azariah. An actual case was judged according to Rebbi Eleazar ben Azariah.
MISHNAH: If somebody dedicates his wife’s earnings, she can work and sustain herself. The excess, Rebbi Meïr says, is dedicated, Rebbi Joḥanan the Alexandrian says, it is profane.
HALAKHAH: “If somebody dedicates his wife’s earnings,” etc. Rebbi Meïr says, it is sanctified as his property. Rebbi Joḥanan the Alexandrian says, it is profane as his property. Rebbi Simeon ben Laqish said, they disagree about the excess over five tetradrachmas. He explains it in the case of one who supports his wife with food but does not give her an obolus for her needs, as we stated: “If he does not give her an obolus for her needs, what she earns is hers”. Rebbi Joḥanan said, they disagree about the excess left after [the husband’s] death; for he explains it if he does not support her with food. But if he supports her with food, everybody agrees that it became dedicated. Rebbi Ze‘ira said, what one states there supports Rebbi Joḥanan: “When was this said? If he does not feed her. But if he feeds her, everybody agrees that it was sanctified.” But is not everything a wife has subject to the husband’s claim to its yield?
Rebbi Jeremiah asked: If somebody dedicated his slave’s earnings and the latter was a hunter, what are the rules? Let us hear from the following: If somebody dedicates his slave, that one is dedicated but his earnings are profane. His [slave’s] earnings, he is profane and his earnings are dedicated. Rebbi Joḥanan said, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his injuries, his pain, his shame, and impairment but he shall go out and subsist on alms. Did we not state: If somebody dedicates his slave, that one takes out his provisions but the remainder is dedicated. Rebbi Abba bar Mamal said, nobody thinks that he should die. [ ] more than for slaves. Did not Rebbi Joḥanan say, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his damages, his pain, his shame, and impairment but he shall go out and subsist on alms. The rabbis of Caesarea in the name of Rebbi Aḥa: Jews are obligated to care for amputees, even slaves. Rebbi Joḥanan gave to his slave from everything he himself ate and quoted for this: “Did not his Maker make me in the belly and formed me likewise in a womb?”
Rebbi Jeremiah asked: If somebody dedicated his slave’s earnings and the latter was a hunter, what are the rules? Let us hear from the following: If somebody dedicates his slave, that one is dedicated but his earnings are profane. His [slave’s] earnings, he is profane and his earnings are dedicated. Rebbi Joḥanan said, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his injuries, his pain, his shame, and impairment but he shall go out and subsist on alms. Did we not state: If somebody dedicates his slave, that one takes out his provisions but the remainder is dedicated. Rebbi Abba bar Mamal said, nobody thinks that he should die. [ ] more than for slaves. Did not Rebbi Joḥanan say, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his damages, his pain, his shame, and impairment but he shall go out and subsist on alms. The rabbis of Caesarea in the name of Rebbi Aḥa: Jews are obligated to care for amputees, even slaves. Rebbi Joḥanan gave to his slave from everything he himself ate and quoted for this: “Did not his Maker make me in the belly and formed me likewise in a womb?”
Rebbi Jeremiah asked: If somebody dedicated his slave’s earnings and the latter was a hunter, what are the rules? Let us hear from the following: If somebody dedicates his slave, that one is dedicated but his earnings are profane. His [slave’s] earnings, he is profane and his earnings are dedicated. Rebbi Joḥanan said, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his injuries, his pain, his shame, and impairment but he shall go out and subsist on alms. Did we not state: If somebody dedicates his slave, that one takes out his provisions but the remainder is dedicated. Rebbi Abba bar Mamal said, nobody thinks that he should die. [ ] more than for slaves. Did not Rebbi Joḥanan say, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his damages, his pain, his shame, and impairment but he shall go out and subsist on alms. The rabbis of Caesarea in the name of Rebbi Aḥa: Jews are obligated to care for amputees, even slaves. Rebbi Joḥanan gave to his slave from everything he himself ate and quoted for this: “Did not his Maker make me in the belly and formed me likewise in a womb?”
Rebbi Jeremiah asked: If somebody dedicated his slave’s earnings and the latter was a hunter, what are the rules? Let us hear from the following: If somebody dedicates his slave, that one is dedicated but his earnings are profane. His [slave’s] earnings, he is profane and his earnings are dedicated. Rebbi Joḥanan said, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his injuries, his pain, his shame, and impairment but he shall go out and subsist on alms. Did we not state: If somebody dedicates his slave, that one takes out his provisions but the remainder is dedicated. Rebbi Abba bar Mamal said, nobody thinks that he should die. [ ] more than for slaves. Did not Rebbi Joḥanan say, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his damages, his pain, his shame, and impairment but he shall go out and subsist on alms. The rabbis of Caesarea in the name of Rebbi Aḥa: Jews are obligated to care for amputees, even slaves. Rebbi Joḥanan gave to his slave from everything he himself ate and quoted for this: “Did not his Maker make me in the belly and formed me likewise in a womb?”
Rebbi Jeremiah asked: If somebody dedicated his slave’s earnings and the latter was a hunter, what are the rules? Let us hear from the following: If somebody dedicates his slave, that one is dedicated but his earnings are profane. His [slave’s] earnings, he is profane and his earnings are dedicated. Rebbi Joḥanan said, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his injuries, his pain, his shame, and impairment but he shall go out and subsist on alms. Did we not state: If somebody dedicates his slave, that one takes out his provisions but the remainder is dedicated. Rebbi Abba bar Mamal said, nobody thinks that he should die. [ ] more than for slaves. Did not Rebbi Joḥanan say, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his damages, his pain, his shame, and impairment but he shall go out and subsist on alms. The rabbis of Caesarea in the name of Rebbi Aḥa: Jews are obligated to care for amputees, even slaves. Rebbi Joḥanan gave to his slave from everything he himself ate and quoted for this: “Did not his Maker make me in the belly and formed me likewise in a womb?”
MISHNAH: If somebody by a vow bars his wife from sexual intercourse, the House of Shammai say two weeks, the House of Hillel say one week. Students can go to study Torah for thirty days without permission; journeymen one week. The period mentioned in the Torah: People who do not have to work every day, journeymen twice a week, donkey drivers once a week, camel drivers once in thirty days, sailors once in three months, the words of Rebbi Eliezer.
HALAKHAH: “If somebody by a vow bars his wife from sexual intercourse,” etc. The House of Shammai say, two weeks as after the birth of a girl. But the House of Hillel say one week, as after the birth of a boy or the days of her menstruation.
MISHNAH: If somebody provides for his wife through a third party, he cannot give her less that two qab of wheat or four qab of barley. Rebbi Yose said, only Rebbi Ismael assigned her barley, becaused he lived in proximity of Idumea.
HALAKHAH: “If somebody provides for his wife through a third party,” etc. What is “in proximity of Idumea”? In the South.
MISHNAH: If somebody decided on money for his son-in-law and the son-in-law died, the Sages said that he can say, I was ready to give to your brother, but it is impossible for me to give to you.
HALAKHAH: “If somebody decided on money for his son-in-law and the son-in-law died,” etc. Are these not the things that are acquired by speech? Bar Qappara stated: He promised the dowry on condition there be a marriage. And it is so: If somebody decided on money for his underage daughter, one forces him to give. But not for the adult one? Rebbi Abun said, one forces [the groom] to give a bill of divorce.
HALAKHAH: “If somebody decided on money for his son-in-law and the son-in-law died,” etc. Are these not the things that are acquired by speech? Bar Qappara stated: He promised the dowry on condition there be a marriage. And it is so: If somebody decided on money for his underage daughter, one forces him to give. But not for the adult one? Rebbi Abun said, one forces [the groom] to give a bill of divorce.
MISHNAH: If somebody marries off his daughter without mentioning particulars he should not give her less than 50 zuz If he had decided to take her in naked the husband should not say, if she comes to my house I shall clothe her in my garment, but he covers her when she still is in her father’s house. Similarly, those who marry off an orphan girl should not give her less that 50 zuz, and if money is available one provides for her according to her social standing.
HALAKHAH: “If somebody marries off his daughter,” etc. Rebbi Abba Mari, Rebbi Yose’s brother, asked: Did we not state: From where that even if he said, I shall go naked but clothe her, one does not tell him to be naked and to clothe her but he clothes her according to her social standing? There, it is the way of people to say, it is better for me to stand naked if only I cover my wife; but here it was a prior condition.
MISHNAH: If somebody gives money in trust for his daughter and she says, I am trusting my husband, the trustee should execute what he was entrusted with, the words of Rebbi Meïr. Rebbi Yose says, is it not only about a field? If she wants to sell it, can she not sell it now? When has this been said? If she is an adult. But about a minor, no legal act of a minor is valid.
HALAKHAH: “If somebody gives money in trust for his daughter and she says, I am trusting my husband,” etc. The Mishnah speaks of the case that he gave at the time of the preliminary marriage. But if he gave at the definitive marriage even Rebbi Meïr agrees If he established the trust after the definitive marriage, that is the disagreement.
”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”
”If somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a tetradrachma. Do not give them more than one šeqel per week, one gives them a šeqel. But for the support of the wife and the daughters, whether he says give or do not give, one gives them a šeqel. It was stated: Rabban Simeon ben Gamliel says, Meïr used to say, if somebody says, give my sons one šeqel per week and they need a tetradrachma, one gives them a šeqel, and for the remainder they should be provided for by charity. But the Sages say, one takes continuously until the property is used up and after that they should be provided by charity.” Rebbi Yose said, that gives a simple example for Ḥilfai’s question. He said, I shall sit on the river bank and if I cannot extract the teachings of the elder Rebbi Ḥiyya from the Mishnah, throw me into the river. What could he say? “The trustee should execute what he was entrusted with.”
”If they died, others should inherit.” Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: A person can transfer property rights in any language except with an expression of inheritance? One does not have here “they shall inherit” but “they shall take”. Rebbi Ze‘ira asked before Rebbi Mana: Do they not differ here in matters of a gift? If somebody signed over all his property to two persons at the same time; to one he wrote in the language of gift but to the other in the language of inheritance. Rebbi Eleazar said, since the one acquired in the language of gift, the other one acquired in the language of inheritance. Rebbi Joḥanan said, it seems that one did acquire in the language of gift but the other did not acquire in the language of inheritance Rebbi Phineas said, there came a case before Rebbi Jeremiah: Practice follows Rebbi Eleazar since Rebbi Eleazar stated a docrine but Rebbi Joḥanan said only “it seems”. Rebbi Samuel said, but did not Rebbi Meïr say that and it does not seem reasonable; is that nothing? Did not Rebbi Joḥanan say in the name of Rebbi Assi: Carded firstling wool becomes insignificant in a plurality. Rebbi Ḥiyya the Sepphorean brought before Rebbi Ammi a pound in eight but the latter refused to rule since had not Rebbi Assi said, is that not a Mishnah? “If somebody weaves the length of a sîṭ of firstling’s wool in a cloth, the cloth must be burned, of hair of a nazir or firstling donkey in sackcloth, the sackcloth must be burned”? The following Mishnah disagrees with Rebbi Joḥanan: “If he wrote any expression of gift either at the start, or in the middle, or at the end, his instructions are valid.” There, to one person in an expression of gift and to one an expression of inheritance. But here to each one both in the language of gift and the language of inheritance Rebbi Ḥaggai asked before Rebbi Yose: But does he not prejudice the rights of others? He said to him, if there are no brothers. But does he not prejudice the rights of his paternal uncles? Rebbi Ḥanania the son of Rebbi Hillel: A person prefers the good of his house over his relatives.
”If they died, others should inherit.” Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: A person can transfer property rights in any language except with an expression of inheritance? One does not have here “they shall inherit” but “they shall take”. Rebbi Ze‘ira asked before Rebbi Mana: Do they not differ here in matters of a gift? If somebody signed over all his property to two persons at the same time; to one he wrote in the language of gift but to the other in the language of inheritance. Rebbi Eleazar said, since the one acquired in the language of gift, the other one acquired in the language of inheritance. Rebbi Joḥanan said, it seems that one did acquire in the language of gift but the other did not acquire in the language of inheritance Rebbi Phineas said, there came a case before Rebbi Jeremiah: Practice follows Rebbi Eleazar since Rebbi Eleazar stated a docrine but Rebbi Joḥanan said only “it seems”. Rebbi Samuel said, but did not Rebbi Meïr say that and it does not seem reasonable; is that nothing? Did not Rebbi Joḥanan say in the name of Rebbi Assi: Carded firstling wool becomes insignificant in a plurality. Rebbi Ḥiyya the Sepphorean brought before Rebbi Ammi a pound in eight but the latter refused to rule since had not Rebbi Assi said, is that not a Mishnah? “If somebody weaves the length of a sîṭ of firstling’s wool in a cloth, the cloth must be burned, of hair of a nazir or firstling donkey in sackcloth, the sackcloth must be burned”? The following Mishnah disagrees with Rebbi Joḥanan: “If he wrote any expression of gift either at the start, or in the middle, or at the end, his instructions are valid.” There, to one person in an expression of gift and to one an expression of inheritance. But here to each one both in the language of gift and the language of inheritance Rebbi Ḥaggai asked before Rebbi Yose: But does he not prejudice the rights of others? He said to him, if there are no brothers. But does he not prejudice the rights of his paternal uncles? Rebbi Ḥanania the son of Rebbi Hillel: A person prefers the good of his house over his relatives.
MISHNAH: If somebody makes a vow that his wife should not have any usufruct from him, up to thirty days he shall appoint a provider, more than that he has to divorce her and pay the ketubah. Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah; in the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah.
HALAKHAH: “If somebody makes a vow that his wife should not have any usufruct from him,” etc. There, we have stated: “If somebody by a vow bars his wife from sexual intercourse,” and here you say so? There, he makes a vow to separate her from his body, but here he makes a vow to separate her from his property. But can anybody make a vow not to pay his debt? Rebbi Yose ben Ḥanina said, since in the future he will divorce her, pay her the ketubah, and stop her food supply, it is as if there was no debt. Why could she not sit there and wait; if he divorced her everything would be in order, otherwise let him provide her with food? It follows him who said that the wife’s food is not from words of the Torah, as it was stated: The court will not determine food for the wife from Sabbatical money, but she may be given Sabbatical produce to eat at her husband’s. Then should she not be considered as a worker not worth a peruṭah? This proves that she is not considered as a worker not worth a peruṭah.
HALAKHAH: “If somebody makes a vow that his wife should not have any usufruct from him,” etc. There, we have stated: “If somebody by a vow bars his wife from sexual intercourse,” and here you say so? There, he makes a vow to separate her from his body, but here he makes a vow to separate her from his property. But can anybody make a vow not to pay his debt? Rebbi Yose ben Ḥanina said, since in the future he will divorce her, pay her the ketubah, and stop her food supply, it is as if there was no debt. Why could she not sit there and wait; if he divorced her everything would be in order, otherwise let him provide her with food? It follows him who said that the wife’s food is not from words of the Torah, as it was stated: The court will not determine food for the wife from Sabbatical money, but she may be given Sabbatical produce to eat at her husband’s. Then should she not be considered as a worker not worth a peruṭah? This proves that she is not considered as a worker not worth a peruṭah.
He could appoint a provider, as the following: “X is forbidden any profit from me by a vow and I do not know what to do.” Let him appoint a provider! A woman has the right to say, it is impossible for me to be provided for by anybody other than my husband. But did we not state: “If somebody provides for his wife through a third party.” There, if she accepted it; here, if she did not accept it. If she did not accept it then he should not appoint even for one day! She continues with him for one month, perhaps he will find an opening for his vow. Samuel says, if he vowed for thirty days. But if he vowed forever, he shall divorce immediately and pay the ketubah. Rebbi Ze‘ira, Rebbi Avina in the name of Rav: Even if he vowed forever, she continues with him for one month, perhaps he will find an opening for his vow.
MISHNAH: If somebody causes a vow of his wife that she should not taste any kind of fruits has to divorce her and pay the ketubah. Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah; in the case of the wife of a Cohen for two [months] he should keep her, for three he has to divorce her and pay the ketubah.
HALAKHAH: “If somebody causes a vow of his wife,” etc. Can anybody cause somebody else’s vow during his lifetime? It must be that the wife made a vow, the husband heard it, and said to her: If you will eat from such and such, my property will be forbidden to you. If she ate from such and such, why should his property not be forbidden to her? Is that not the case from the beginning of the chapter? But if his wife made a vow, her husband was informed, and did not dissolve it, following him who says that he put his finger between her teeth, he has to divorce her and pay the ketubah. Rebbi Ḥuna said, even he who said that she put his finger between her teeth, and should be divorced without ketubah, will agree in case he provoked her to make the vow.
HALAKHAH: “If somebody causes a vow of his wife,” etc. Can anybody cause somebody else’s vow during his lifetime? It must be that the wife made a vow, the husband heard it, and said to her: If you will eat from such and such, my property will be forbidden to you. If she ate from such and such, why should his property not be forbidden to her? Is that not the case from the beginning of the chapter? But if his wife made a vow, her husband was informed, and did not dissolve it, following him who says that he put his finger between her teeth, he has to divorce her and pay the ketubah. Rebbi Ḥuna said, even he who said that she put his finger between her teeth, and should be divorced without ketubah, will agree in case he provoked her to make the vow.
MISHNAH: If somebody causes a vow of his wife that she should not adorn herself with one of the kinds has to divorce her and pay the ketubah. Rebbi Yose says, among the poor if he did not give a time limit, among the rich for thirty days.
HALAKHAH: “If somebody causes a vow of his wife that she should not adorn herself,” etc. Rav Huna said, so is the Mishnah: “Among the poor if he did not give a time limit.” Ulla bar Ismael said, among the poor if he did not give a time limit; but if he gave a time limit even if it were for ten years it is permitted, for no fox dies if he gets dusty from his lair. Nathan bar Hoshaiah said in the name of Rebbi Joḥanan: Except holidays.
MISHNAH: If somebody causes a vow of his wife that she should not go to her father’s house, if they live in the same city she does, for one month he should keep her, for two he has to divorce her and pay the ketubah. If they live in another city, for one holiday he should keep her, for two he has to divorce her and pay the ketubah.
HALAKHAH: “If somebody causes a vow of his wife that she should not go to her father’s house,” etc. Rebbi Ze‘ira said, they stated there: If he made her make a vow that she should not wash in the bathhouse, in walled cities one week, in villages two weeks. That she should not wear shoes, in villages three months, in walled cities 24 hours.
MISHNAH: If somebody causes a vow of his wife that she should not pay condolence visits or go to weddings has to divorce her and pay the ketubah. But if he argues because of another reason, he is in his rights. If he said to her you should tell X what I said to you or that she should fill [vessels] and pour them out on garbage heaps, he has to divorce her and pay the ketubah.
HALAKHAH: “If somebody causes a vow of his wife that she should not pay condolence visits,” etc. ”If he made her vow not to lend out fine and coarse sieves, he shall divorce her and pay the ketubah, since he gives her a bad reputation among her [female] neighbors. And so if she made a vow not to lend out fine and coarse sieves, she should leave without ketubah since she gives him a bad reputation among his [male] neighbors.” ”If he made her vow not to pay condolence visits or go to weddings, he shall divorce her and pay the ketubah, since tomorrow a relative of hers will die and nobody will take notice of her. And so if she made a vow not to pay condolence visits or go to weddings, she should leave without ketubah since tomorrow a relative of his will die and nobody will take notice of him.” ”Rebbi Meïr is saying in the name of his teacher Rebbi Aqiba: ‘It is better to pay condolence visits than to go to a wedding since the former is the end of every human, and the living should take notice.’ Why does the verse say, ‘and the living should take notice’? But do so they shall: eulogize so they should eulogize, bury so they should bury, accompany so they should accompany.”
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.
HALAKHAH: “If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her,” etc. “If she had bodily defects, as long as she is in her father’s house,” etc. We have stated defects. Which vows? Rebbi Joḥanan said in the name of Rebbi Simeon ben Yoṣadaq: If she vowed not to eat, or not to drink wine, or not to wear dyed garments. Rebbi Ze‘ira said, the fine linen garments which come from Bet She‘an have the status of dyed garments. Rebbi Yose said, the Mishnah deals with the case that he said to her, “on condition that you have no obligation of vows on you.” But if he said, “on condition that you have no obligation of any vow on you,” then even if she made a vow not to eat carob fruit it is a vow.
MISHNAH: If somebody invests in his wife’s properties, if he invested much but it yielded little, or he invested little but it yielded much, what he invested he invested and what it yielded it yielded. If he invested and had no yield, he shall swear how much he invested and get repaid.
HALAKHAH: “If somebody invests in his wife’s properties,” etc. Rebbi Abba in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. Assi said, that is, if the investment is greater than the increase in value. But if the increase in value is greater than the investment, one gives him the increase in value. A baraita disagrees with Assi: “In all cases one evaluates it as for a sharecropper.” The baraita disagrees about planting; what Assi said was about a building. The baraita disagrees about planting, is that what Rebbi Abba said in the name of Rav Ḥiyya bar Ashi: Even if he ate only one basket of dates. He said to him, in one case if he ate, in the other if he did not eat.
MISHNAH: If somebody writes to his wife: “I shall have nothing to do with your properties,” he receives their revenues and if she should die, he inherits from her. In this case, why did he write “I shall have nothing to do with your properties”? If she sold or gave away, it is valid. If he wrote to her: “I shall have nothing to do with your properties, nor with their revenues,” he does not receive their revenues during her lifetime but if she should die, he inherits from her. Rebbi Jehudah says, he continues to receive the investment results of her revenues unless he writes: “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues, without limits.” If he wrote “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues during your lifetime and after your death,” he does not receive the revenues during her lifetime and does not inherit from her after her death. Rabban Simeon ben Gamliel says, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid.
HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.
HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.
If she sold produce connected to the ground: Rav Aḥa said, as if she sold harvested [produce]; Rebbi Yose said, as if she sold a tenth of the ground. Rebbi Ze‘ira, Rav Jehudah in the name of Rav: If somebody writes a field over to his wife, she cannot sell the produce. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Rebbi Immi asked: If another person had written [real estate] over to her, would he not receive the revenue? If he himself wrote, not so much more! He said only “wrote over”, but not “sold”. What is the difference between one who writes and one who sells? He tried to find a reason to hide food from the wife.
It is reasonable according to Rebbi Jehudah, if he wrote: “I shall have nothing to do with your properties and the revenues,” that he cannot take the revenues. Even if he wrote: “I shall have nothing to do with this field and its yield,” he cannot eat its yield. It is reasonable according to the rabbis; if he wrote: “I shall have nothing to do with this field and its yield,” can he eat its yield? Even if he wrote, “I shall have nothing to do with your properties and its yields,” can he eat its yield? Let us hear from the following, as Rebbi Ze‘ira, Rav Jehudah said in the name of Rav: If somebody writes a field over to his wife, he has no right to its yield. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Since he wrote, “I shall have nothing to do with your properties and their yields,” is that not as if he wrote a field over to his wife, and you say, he has neither revenue nor revenue from revenue! That means, there is no difference in the opinion of Rebbi Jehudah whether he wrote “I shall have nothing to do with this field and its yield,” or he wrote “I shall have nothing to do with your properties and their revenues,” he cannot take any revenue. Similarly, for the rabbis it makes no difference whether he wrote “I shall have nothing to do with your properties and their revenues,” or he wrote “I shall have nothing to do with this field and its yield,” he can take its yield.
Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.
MISHNAH: If somebody died and left his wife, a creditor, and heirs, and he was owed a deposit or a debt by a third party, Rebbi Ṭarphon says, these should be given to the weakest among them. Rebbi Aqiba says, one does not show mercy in law! But these should be given to the heirs for all others have to swear, only the heirs do not have to swear.
HALAKHAH: “If somebody died and left a wife,” etc. Rebbi Yose ben Ḥanina said, the weakest in his claim. For example, one lent before witnesses, the other lent on a mortgage document; it should be given to the one who lent before witnesses. Rebbi Joḥanan said, the weakest in his body. Think about it, if he is rich, like those of the family Andreas. Rebbi Aḥa said, the weakest in his body and poor. As the following: They gave to a relative of Rebbi Samuel bar Abba as the weakest. Rebbi Simeon ben Laqish brought slaves of Rebbi Jehuda the Prince and took it away from her. Rebbi Joḥanan was leaning on Rebbi Simeon bar Abba and said, what was done with that poor woman? He said to him, Rebbi Simeon ben Laqish brought slaves of Rebbi Jehuda the Prince and took it away from her. Was he justified in doing this? Rebbi Jeremiah asked before Rebbi Ze‘ira: Should we say that Rebbi Joḥanan follows his doctrine and Rebbi Simeon ben Laqish his own? Since they disagree: Everybody agrees that if they err in arguments, one does not reverse. In the words of the Torah, one reverses. Where do they disagree? If one errs in a Mishnah, for Rebbi Joḥanan says, an error in Mishnah is like an error in arguments, but Rebbi Simeon ben Laqish says, an error in Mishnah is like an error in words of the Torah. What is said of the Mishnah is also said of words of the Elders.
HALAKHAH: “If he left produce taken,” etc. Both Rav and Rebbi Simeon ben Laqish say, if they were collected at a trading place. But if somebody collected it in his house, his house acquired for him. Rebbi Joḥanan said, even if he collected it in his house, his house did not acquire for him. For he thinks that they are his but they are not his. Does from this follow how the owner acquires his produce in a Sabbatical year? Rebbi Jeremiah wanted to say, from the moment he put them into his vessel. Rebbi Yose said, even if he put them into his vessel he did not acquire, for he thinks that they are his but they are not his.
MISHNAH: If somebody engages his wife as grocer or appoints her as steward, he can make her swear any time he wants. Rebbi Eliezer says, even about her distaff and her dough.
HALAKHAH: “If somebody engages his wife as grocer,” etc. Is Rebbi Eliezer not correct? What is the rabbis’ reason? If you say so, there never would be peace in his house. If she broke vessels, is she responsible as an unpaid or a paid trustee? It would be reasonable to consider her a paid trustee. They said, she is not even an unpaid trustee, for if you say so, there never would be peace in his house.
There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt that he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The first case teaches about the second and the second about the first. The first case teaches about the second, that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, that he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease all the time it is leased to him. Rebbi Ze‘ira asked Rebbi Abuna: If the owners borrowed it and it died? He said to him, in that case we say, they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.
HALAKHAH: “From encumbered property, how is that?” Rebbi Ḥiyya in the name of Rebbi Joḥanan: If somebody disputes a court document, he is not trustworthy. Rebbi Ḥiyya bar Abba said to him: Is that not the Mishnah? “If she produced her bill of divorce without a ketubah, she collects her ketubah”! Rebbi Joḥanan said to him: Babylonian, after I removed the clay from the pearl, you say to me: Is that not the Mishnah? Rav said, at a place where one does not write a ketubah. But at a place where one writes a ketubah, what she produces she collects. He changed his mind and said, she collects even at a place where one writes a ketubah; let anyone powerful object to this! Rebbi Yose objected: Was it not stated: She might collect on her divorce document, hide her ketubah, and collect a second time? If those died. Are there not witnesses? Bring them! They went overseas. Is there not an agreement? Is there no registrar of agreements? There is a registrar of agreements; as you say, if a document is lost, one writes a replacement. This is what one says, if the ketubah was lost, one writes a new one. Rebbi Abba objected: Was it not stated, she might collect on her divorce document, hide her ketubah, wait until he dies, and collect a second time? Rebbi Yose bar Abun said to him: Would she not have to prove that she lived with him until he died?
MISHNAH: If somebody was married to two women when he died, the first one precedes the second, and the heirs of the first precede the heirs of the second. If the first one he had married died, then he married the second one and he himself died, the second and her heirs precede the heirs of the first.
HALAKHAH: “If somebody was married to two women,” etc. The Mishnah refers to ketubah, but for sustenance both are equal. Between ketubah and burial, what has precedence? Between ketubah and a loan attested to by witnesses, what has precedence? Between ketubah and daughters’ dowry, what has precedence? For him who says, one collects for dowry from mortgaged property, daughters’ dowry has precedence. But for him who says, one does not collect for dowry from mortgaged property, daughters’ dowry does not have precedence.
MISHNAH: If somebody was married to two women who both died, and then he died, and the orphans demand their mothers’ ketubot, if [the estate] is sufficient only for both ketubot they split evenly. If there was an excess denar, these take their mother’s ketubah and those take their mother’s ketubah. If the orphans say, we accept the properties of our father for the value of an extra denar in order to take their mother’s ketubah; one does not listen to them but one appraises the properties in court.
HALAKHAH: “If somebody was married to two women,” etc. That refers to what Rebbi Immi said, that a man should be induced to give generously to his daughter. If that is so, then even if there is no excess denar? Rebbi Abun said, in case you can uphold their words with the words of the Torah, you uphold their words with the words of the Torah. But in case you cannot uphold their words with the words of the Torah, you disregard their words and uphold the words of the Torah.
MISHNAH: If somebody was married to three women when he died, the ketubah of one was a mina, of the other one 200, and of the other one 300. If the estate is only 100, they divide equally. If it was 200, the one who claims a mina takes 50, and those who claim 200 and 300 each take three gold denars. If it was 300, the one who claims a mina takes 50, the one who claims 200 takes a mina, and the one who claims 300 takes six gold denars. Similarly, if three who invested together lost or gained they would split in this manner.
HALAKHAH: “If somebody was married to three women,” etc. Samuel said, sharpness of the judges. As in the case of two mortgages written on one field, to whom the court wants to hand it over in possession they hand it over. The Mishnah disagrees with Samuel: “If the estate is only 100, they divide equally.” Was this said for the sharpness of the judges? And did we not state: If the heirs inherited an instrument of indebtedness, the male firstborn takes a double portion; and if an instrument of indebtedness was presented to them, the male firstborn pays a double portion. Was this said for the sharpness of the judges? Rebbi Abin in the name of Samuel: There is no difference, whether two mortgages were written on one field or one mortgage was written on two fields, on whom the court decide they hand it over in possession.
MISHNAH: If somebody was married to four women when he died, the first one precedes the second, the second the third, and the third the fourth. The first one swears to the second, the second to the third, and the third to the fourth; the fourth is paid out without an oath. Ben Nanas said, should she be preferred because she is the last one? She also should be paid only after an oath. If all [ketubot] were executed on the same day, one who precedes another one even if only by an hour has acquired [precedence]; therefore in Jerusalem one used to note hours. If [the documents] were all executed at the same hour and there is only one mina, they split evenly.
HALAKHAH: “If somebody was married to four women when he died,” etc. Rebbi Abuna in the name of Rebbi Samuel: Following Ben Nanas, if one document was produced against (the wife) buyers, they all divide evenly. Rebbi Aqiba said before Rebbi Mana: Does this not disagree with Rebbi Samuel, since Samuel said, sharpness of the judges? As in the case of two mortgages written on one field, to whom they want to hand it over in possession they hand it over. And here, he says so? Not with two mortgages, what about one? He did not hear what Rebbi Abin said in the name of Samuel: There is no difference, whether two mortgages were written on two fields or two mortgages were written on one field, to whom the court decide they hand it over in possession. Rebbi instituted that one follows Ben Nanas in matters of annona, head taxes, and real estate taxes.
MISHNAH: If somebody was married to two wives when he sold his field and the first wife wrote to the buyers “I have no claims against you”, the second takes from the buyer, the first from the second, and the buyer from the first; they go on in circles until they compromise between them. The same holds for a creditor and a woman who is a creditor.
HALAKHAH: “If somebody was married to two wives,” etc. Rebbi Yose said, this means that if somebody borrowed from two persons and the second comes and says to him, get up and let us settle, and [the borrower] says, will not in the end the first hear of it and come to foreclose, he [the second lender] may say let us settle, and if he forecloses, he forecloses. If he settled, one may assume that the first will come and foreclose. If he settled with the first, Rebbi Phineas said, such a case came before Rebbi Jeremiah who said, he settled. Rebbi Yose said, did he not write “what I shall acquire”? It happens only with an heir. Rebbi Ḥanina said, even with a creditor it can happen if he did not write “anything I shall acquire”, or if he said, “you shall not be paid except from this.” Rav Mattaniah said, this follows him who said, for ketubah but not for stipulations. But for him who said, for ketubah and for stipulations, does it not return?
HALAKHAH: “If somebody was married to two wives,” etc. Rebbi Yose said, this means that if somebody borrowed from two persons and the second comes and says to him, get up and let us settle, and [the borrower] says, will not in the end the first hear of it and come to foreclose, he [the second lender] may say let us settle, and if he forecloses, he forecloses. If he settled, one may assume that the first will come and foreclose. If he settled with the first, Rebbi Phineas said, such a case came before Rebbi Jeremiah who said, he settled. Rebbi Yose said, did he not write “what I shall acquire”? It happens only with an heir. Rebbi Ḥanina said, even with a creditor it can happen if he did not write “anything I shall acquire”, or if he said, “you shall not be paid except from this.” Rav Mattaniah said, this follows him who said, for ketubah but not for stipulations. But for him who said, for ketubah and for stipulations, does it not return?
HALAKHAH: “Rabban Simeon ben Gamliel says, her sale is valid,” etc. That is, if she sold them in four contracts. If she sold them in one contract, there is disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish, as they disagreed: If somebody wrote all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Hila in the name of Rebbi Yasa: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Elazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified. From where even 100? The verse says, ‘witnesses’”. Rebbi Jacob bar Aḥa said, Rebbi Ḥananiah the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, the argument of Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is as if there was one testimony about one person. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.
MISHNAH: If somebody marries a woman and contracts with her to sustain her daughter for five years, he is obligated to sustain her for five years. If [the mother] was married to another man who contracted with her to sustain her daughter for five years, he is obligated to sustain her for five years. The first one cannot say, if she will come to live with me I shall sustain her, but he has to bring her support to her place. Similarly, the two cannot say we shall support her in common, but one of them sustains her and the other gives the money equivalent to her sustenance.
HALAKHAH: “If somebody marries a woman and had contracted with her,” etc. How does he become indebted to her? Do not Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, if somebody writes a debenture for another person under the assumption that he owes him and it turns out that he does not owe, he does not have to give to him! Rebbi Simeon ben Laqish said, they gave it the status of an addition to the ketubah. Then he should have to pay in the end! They gave it the status of the gift for a woman’s preliminary marriage. Then he should pay up front! They treated it as when one marries a woman preliminarily by promising to give her twelve silver denars within one year by delivering one silver denar’s worth every month.
HALAKHAH: “If somebody marries a woman and had contracted with her,” etc. How does he become indebted to her? Do not Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, if somebody writes a debenture for another person under the assumption that he owes him and it turns out that he does not owe, he does not have to give to him! Rebbi Simeon ben Laqish said, they gave it the status of an addition to the ketubah. Then he should have to pay in the end! They gave it the status of the gift for a woman’s preliminary marriage. Then he should pay up front! They treated it as when one marries a woman preliminarily by promising to give her twelve silver denars within one year by delivering one silver denar’s worth every month.
There, we have stated: “The female children you will have by me shall live in my house and be supported by my estate,” and it was stated about this: They will be clothed with garments supplied by me. For whom does the daughter work? Let us hear from the following: “The husband has to sustain her and they pay the cost of her sustenance.” This means, he feeds her but she works for her husband. Rebbi Yose said, this means that if somebody had agreed to sustain his daughter-in-law, he has to sustain her, but she works for his son. If he wants her to be with him but she does not want to, the law is with her, as we have stated: “They pay the cost of her sustenance.” If she fell ill, it is as if she had married. If she died, is it as if she had married? If she died, she already is dead.
If she dies she is not with him. If she was divorced she is not with him. If he took her back? One says, this was stated for the ketubah but not for the stipulations; one says, both for the ketubah and the stipulations, which opinion is valid? “The intelligent ones did write: On condition that I support your daughter for five years the entire time you are with me;” on that it was stated: Only for the first marriage. This parallels what Rebbi Ḥanina said, if somebody marries off his son in a house, the latter acquires the house, but only for a first marriage.
It is written (Jer. 20:6–7): “But you, Pashḥur, and all inhabitants of your house will go into captivity. You will come to Babylon, die there, and be buried there.” Rebbi Abba [bar Zemina] said, Rebbi Ḥelbo and Rebbi Ḥama bar Ḥanina. One of them said, if somebody dies there and is buried there, he has two [detriments] in hand. If he dies there and is buried here, he has one [detriment] in hand. The other one said, burial atones for their death.
Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]. But a ketubah of 1’000 denar she collects forever. Rebbi Abbahu quoted in the name of Rebbi Joḥanan: Even a ketubah of 1’000 denar she can collect only up to 25 years. This disagreement parallels the following disagreement, as was stated there: “Torts are estimated from choice land, creditor’s claims from average, and a woman’s ketubah from the least valuable.” Rebbi Jeremiah said to him, this was stated only for the ketubah of a mina or 200 [zuz], but a ketubah of 1’000 denar is evaluated in terms of average quality land. But Rebbi Yose said, even a ketubah of 1’000 denar she collects only from the least valuable land. It turns out that Rebbi Yose follows Rebbi Joḥanan and Rebbi Jeremiah Rebbi Joshua ben Levi. As we have stated there: “If somebody signs over his property to his sons and signs over some real estate to his wife, she lost her claim to 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. 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 denar they proclaimed a relaxation of the laws of ketubah.
MISHNAH: Two robbery judges were in Jerusalem, Admon and Ḥanan ben Absalom. Ḥanan said two things and Admon seven. If somebody went overseas and his wife now is demanding sustenance, Ḥanan says that she is made to swear in the end. The High Priests’ sons disagreed with him and said, she is made to swear in the beginning and in the end; Rebbi Dosa ben Hyrkanos endorsed their statement. Rabban Joḥanan ben Zakkai said, Ḥanan said correctly that she is made to swear only in the end.
It happened that Rebbi Ismael allotted sustenance to a woman in the markets of Sepphoris. What means “in the markets”? From the markets. Rebbi heard this and said, who told him that he did not send her? Who told me that he did not leave for her? Do the passers-by know? Rebbi Hila said, this is what Rebbi asked: Rebbi is of the opinion that the Mishnah does not speak of a married woman but of a widow. He said, Samuel and Rebbi Simeon ben Laqish both say, the Mishnah deals with a widow. It was stated in the House of Rebbi thus: “If somebody left for overseas and his wife demands sustenance.” They wanted to say, for him who says, the Mishnah speaks of a married woman, “in the beginning” that he did not send her, “in the end” that she did not put aside and did not act dishonestly. For him who says, the Mishnah speaks of a widow, “in the beginning” that he did not leave for her, “in the end” that she did not put aside and did not act dishonestly. Samuel, Rebbi Berekhiah’s brother, said, that she did not renounce her ketubah in the orphans’ favor.
If somebody together with his wife left for overseas, then she returns and says, my husband died, she shall be supported and collect her ketubah. My husband divorced me, she shall be supported from her ketubah since, as you take it, if she be a married woman, she must be supported from her husband’s; if she is no longer a married woman, she can be supported from her ketubah. “If somebody returns from overseas and his wife requests support but he says, let her earnings cover her sustenance, one listens to him. But if the court had allotted, what they allotted, they have allotted.” Rebbi Jeremiah said, if her earnings are not enough for her support. In this case, does one listen to him? Following him who says, there is no support for the wife in biblical law, as we have stated: “The court will not determine food for a wife from Sabbatical money, but she may be given Sabbatical produce to eat at her husband’s.” Rebbi Yose says, if her earnings are sufficient for her support. In that case, why what they allotted, they have allotted? Explain it, if they allotted excess.
If somebody together with his wife left for overseas, then she returns and says, my husband died, she shall be supported and collect her ketubah. My husband divorced me, she shall be supported from her ketubah since, as you take it, if she be a married woman, she must be supported from her husband’s; if she is no longer a married woman, she can be supported from her ketubah. “If somebody returns from overseas and his wife requests support but he says, let her earnings cover her sustenance, one listens to him. But if the court had allotted, what they allotted, they have allotted.” Rebbi Jeremiah said, if her earnings are not enough for her support. In this case, does one listen to him? Following him who says, there is no support for the wife in biblical law, as we have stated: “The court will not determine food for a wife from Sabbatical money, but she may be given Sabbatical produce to eat at her husband’s.” Rebbi Yose says, if her earnings are sufficient for her support. In that case, why what they allotted, they have allotted? Explain it, if they allotted excess.
If somebody was overseas and said, certain things should be given to his sons, his daughters are included. If he said that when he was dying, certain things should be given to his sons, his daughters are not included.
MISHNAH: If somebody went overseas and another person provided for his wife, Ḥanan says, he lost his money. The High Priests’ sons disagreed with him and said, let him swear on what he expended, that she shall collect; Rebbi Dosa ben Hyrkanos endorsed their statement. Rabban Joḥanan ben Zakkai said, Ḥanan said correctly that he put his money on a deer’s antler.