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1:7:1

משנה: הִיא אוֹמֶרֶת מוּכַּת עֵץ אֲנִי וְהוּא אוֹמֵר לֹא כִי אֶלָּא דְרוּסַת אִישׁ אַתְּ רַבָּן גַּמְלִיאֵל וְרִבִּי אֱלִיעזֶר אוֹמֵר נֶאֱמֶנֶת. רִבִּי יְהוֹשֻׁעַ אוֹמֵר לֹא מִפִּיהָ אָנוּ חַיִּין אֶלָּא הֲרֵי זוֹ בְחֶזְקַת דְּרוּסַת אִישׁ עַד שֶׁתָּבִיא רְאָיָיה לִדְבָרֶיהָ.

MISHNAH: She says226This Mishnah is a continuation of the previous one; there is no doubt but that the bride was not an intact virgin., I was injured by wood, but he says not so, you were trampled on by a man; Rabban Gamliel and Rebbi Eliezer say, she is believed214If neither of them has any corroborating evidence, her claim that she certainly was raped later is stronger than his assertion that maybe she was raped or had consensual sex earlier. If the husband wants to deny her claim, he has to provide evidence.. Rebbi Joshua said, we do not live off her mouth but there is a presumption that she was trampled on by a man unless she provides proof of her statement215Since she claims a ketubah and he does not want to pay at all, she claims money and a claimant in a civil suit carries the burden of proof..

MISHNAH: She says226This Mishnah is a continuation of the previous one; there is no doubt but that the bride was not an intact virgin., I was injured by wood, but he says not so, you were trampled on by a man; Rabban Gamliel and Rebbi Eliezer say, she is believed214If neither of them has any corroborating evidence, her claim that she certainly was raped later is stronger than his assertion that maybe she was raped or had consensual sex earlier. If the husband wants to deny her claim, he has to provide evidence.. Rebbi Joshua said, we do not live off her mouth but there is a presumption that she was trampled on by a man unless she provides proof of her statement215Since she claims a ketubah and he does not want to pay at all, she claims money and a claimant in a civil suit carries the burden of proof..

1:7:2

הלכה: הִיא אוֹמֶרֶת מוּכַּת עֵץ אֲנִי כול׳. אָמַר רִבִּי לָעְזָר. דְּרִבִּי מֵאִיר הִיא. דְּרִבִּי מֵאִיר אָמַר. מוּכַּת עֵץ כְּתוּבָּתָהּ מָאתַיִם. אָמַר רִבִּי יוֹסֵי. וַהֲוֵינָן סָבְרִין מֵימַר. מַה פְלִיגִין רִבִּי מֵאִיר וְאִילֵּין רַבָּנִן. בְּשֶׁכְּנָסָהּ בְּחֶזְקַת מוּכַּת עֵץ. אֲבָל אִם כְּנָסָהּ בְּחֶזְקַת בְּתוּלָה וְנִמְצֵאת מוּכַּת עֵץ אַף רִבִּי מֵאִיר מוֹדֶה. מִן מַה דְתַנִּינָן. הִיא אוֹמֶרֶת. מוּכַּת עֵץ אֲנִי. וְהוּא אוֹמֵר. לֹא כִי אֶלָּא דְרוּסַת אִישׁ אַתְּ. הָדָא אָמְרָה. אֲפִילוּ כְּנָסָהּ בְּחֶזְקַת מוּכַּת עֵץ וְנִמְצֵאת מוּכַּת עֵץ הִיא הַמַּחֲלוֹקֶת. רִבִּי יִרְמְיָה בְשֵׁם רִבִּי זְעִירָא לֹא אָמַר כֵּן אֶלָּא. הִיא אוֹמֶרֶת. מוּכַּת עֵץ אֲנִי וּכְתוּבָתָהּ מָאתַיִם. וְהוּא אוֹמֵר. לֹא כִי אֶלָּא דְרוּסַת אִישׁ אַתְּ וְאֵין לָךְ עָלַי כְּלוּם. מָה אֲנָן קַיָימִין. אִם בְּשֶׁכְּנָסָהּ בְּחֶזְקַת בְּתוּלָה וְנִמְצֵאת מוּכַּת עֵץ. אַף רִבִּי מֵאִיר מוֹדֶה. אִם בְּשֶׁכְּנָסָהּ בְּחֶזְקַת מוּכַּת עֵץ וְנִמְצֵאת מוּכַּת עֵץ נִיכָּר הוּא בְּפֶתַח פָּתוּחַ בֵּין בְּעֵץ בֵּין בָּאָדָם. רִבִּי הוּנָא בְשֵׁם רִבִּי זְעִירָא לֹא אָמַר כֵּן אֶלָּא. הִיא אוֹמֶרֶת מוּכַּת עֵץ אֲנִי. כֵּן אַתְנֵיתִי עִמָּךְ. וְהוּא אוֹמֵר. לֹא כִי אֶלָּא דְרוּסַת אִישׁ אַתְּ. לֹא אַתְנֵיתִי עִמָּךְ כְּלוּם.

HALAKHAH: “She says, I was injured by wood,” etc. Rebbi Eleazar said, that follows Rebbi Meïr, since Rebbi Meïr said the ketubah of one injured by wood is 200 [zuz]227In the Babli, 13a, R. Eleazar is reported that she claims 100 zuz as ketubah but he does not want to give anything. This is the position articulated by R. Huna here. R. Joḥanan holds that she claims 200 but he wants to give only 100.. Rebbi Yose said, we would think to say, when did Rebbi Meïr disagree with those rabbis? If he took her in assuming she was injured by wood. But if he took her in assuming she was a virgin and it turned out she was injured by wood, then even Rebbi Meïr agrees228If the husband was not informed of the facts when he signed the ketubah, R. Meïr agrees that he can sue to annul the contract., since we have stated: “She says, I was injured by wood, but he says not so, you were trampled on by a man.” That means, there is a disagreement even if he took her in assuming she was injured by wood229There is agreement among all commentators that this should read: “if he took her in assuming she was a virgin.” But if that were true, R. Jeremiah would say the same as R. Yose. In addition, we know that there is a difference of opinion between R. Meïr and the rabbis about the ketubah of one who claims to have been injured by wood. and she turned out to have been injured by wood. Rebbi Jeremiah in the name of Rebbi Ze‘ira did not say so, but: She says, I was injured by wood and my ketubah is 200 [zuz]. He says, it is not so, but you were trampled on by a man and you have no claim on me. What are we talking about? If he married her as a virgin and she turns out to have been injured by wood, Rebbi Meïr will agree228If the husband was not informed of the facts when he signed the ketubah, R. Meïr agrees that he can sue to annul the contract.. If he married her as one injured by wood and she turns out to have been injured by wood, is there a recognizable difference in the opening of the door between wood or man230In that case, the position of Rabban Gamliel and R. Eliezer is preferable since she holds the contract in her hands and the burden of proof is on the party contesting a written contract (Baba batra 9:8, 17a 1.56).? Rebbi Huna in the name of Rebbi Ze‘ira did not say so, but: She says, I was injured by wood and so I stipulated with you, but he says, it is not so, but you were trampled on by a man and there was no stipulation between you and me227In the Babli, 13a, R. Eleazar is reported that she claims 100 zuz as ketubah but he does not want to give anything. This is the position articulated by R. Huna here. R. Joḥanan holds that she claims 200 but he wants to give only 100..

HALAKHAH: “She says, I was injured by wood,” etc. Rebbi Eleazar said, that follows Rebbi Meïr, since Rebbi Meïr said the ketubah of one injured by wood is 200 [zuz]227In the Babli, 13a, R. Eleazar is reported that she claims 100 zuz as ketubah but he does not want to give anything. This is the position articulated by R. Huna here. R. Joḥanan holds that she claims 200 but he wants to give only 100.. Rebbi Yose said, we would think to say, when did Rebbi Meïr disagree with those rabbis? If he took her in assuming she was injured by wood. But if he took her in assuming she was a virgin and it turned out she was injured by wood, then even Rebbi Meïr agrees228If the husband was not informed of the facts when he signed the ketubah, R. Meïr agrees that he can sue to annul the contract., since we have stated: “She says, I was injured by wood, but he says not so, you were trampled on by a man.” That means, there is a disagreement even if he took her in assuming she was injured by wood229There is agreement among all commentators that this should read: “if he took her in assuming she was a virgin.” But if that were true, R. Jeremiah would say the same as R. Yose. In addition, we know that there is a difference of opinion between R. Meïr and the rabbis about the ketubah of one who claims to have been injured by wood. and she turned out to have been injured by wood. Rebbi Jeremiah in the name of Rebbi Ze‘ira did not say so, but: She says, I was injured by wood and my ketubah is 200 [zuz]. He says, it is not so, but you were trampled on by a man and you have no claim on me. What are we talking about? If he married her as a virgin and she turns out to have been injured by wood, Rebbi Meïr will agree228If the husband was not informed of the facts when he signed the ketubah, R. Meïr agrees that he can sue to annul the contract.. If he married her as one injured by wood and she turns out to have been injured by wood, is there a recognizable difference in the opening of the door between wood or man230In that case, the position of Rabban Gamliel and R. Eliezer is preferable since she holds the contract in her hands and the burden of proof is on the party contesting a written contract (Baba batra 9:8, 17a 1.56).? Rebbi Huna in the name of Rebbi Ze‘ira did not say so, but: She says, I was injured by wood and so I stipulated with you, but he says, it is not so, but you were trampled on by a man and there was no stipulation between you and me227In the Babli, 13a, R. Eleazar is reported that she claims 100 zuz as ketubah but he does not want to give anything. This is the position articulated by R. Huna here. R. Joḥanan holds that she claims 200 but he wants to give only 100..

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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