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11:2:1

משנה: אַלְמָנָה בֵּין מִן הָאֵירוּסִין בֵּין מִן הַנִּישּׂוּאִין מוֹכֶרֶת שֶׁלֹּא בְּבֵית דִּין. רִבִּי שִׁמְעוֹן אוֹמֵר מִן הַנִּישּׂוּאִין מוֹכֶרֶת שֶׁלֹּא בְּבֵית דִּין מִן הָאֵירוּסִין לֹא תִמְכּוֹר אֶלָּא בְּבֵית דִּין מִפְּנֵי שֶׁאֵין לָהּ מְזוֹנוֹת וְכָל שֶׁאֵין לָהּ מְזוֹנוֹת לֹא תִמְכּוֹר אֶלָּא בְּבֵית דִּין.

MISHNAH: A widow, whether after preliminary or definitive marriage, may sell without court supervision33The woman who becomes a widow before her definitive wedding may have a claim to ketubah; the widow after definitive marriage has a choice of either taking her ketubah or being sustained by the estate. Both Talmudim explain that nobody will want his family’s honor compromised by forcing his widow into court; therefore, it is understood that he wrote the ketubah with the idea that it should be liquidated, if possible, in private.. Rebbi Simeon says, after definitive marriage she may sell without court supervision; after preliminary marriage, she may sell only under court supervision since she has no sustenance and any person who has no claim to sustenance may sell only under court supervision.

MISHNAH: A widow, whether after preliminary or definitive marriage, may sell without court supervision33The woman who becomes a widow before her definitive wedding may have a claim to ketubah; the widow after definitive marriage has a choice of either taking her ketubah or being sustained by the estate. Both Talmudim explain that nobody will want his family’s honor compromised by forcing his widow into court; therefore, it is understood that he wrote the ketubah with the idea that it should be liquidated, if possible, in private.. Rebbi Simeon says, after definitive marriage she may sell without court supervision; after preliminary marriage, she may sell only under court supervision since she has no sustenance and any person who has no claim to sustenance may sell only under court supervision.

11:2:2

הלכה: אַלְמָנָה בֵּין מִן הָאֵירוּסִין בֵּין מִן הַנִּישּׂוּאִין כול׳. מִיסְבַּר סְבַר רִבִּי שִׁמְעוֹן. בִּמְזוֹנוֹת הַדָּבָר תָּלוּי. פָּסַק לָזוּן מִן הָאֵירוּסִין מוֹכֶרֶת שֶׁלֹּא בְּבֵית דִּין. פָּסַק לָזוּן מִן הַנִּישּׂוּאִין לֹא תִמְכּוֹר אֶלָּא בְּבֵית דִּין. דִּבְרֵי חֲכָמִים. רִבִּי אָחָא רִבִּי חִינְנָא בְשֵׁם רִבִּי יוֹחָנָן. חַס הוּא אָדָם עַל כְּבוֹד אַלְמָנָתוֹ בֵּין מִן הָאֵירוּסִין בֵּין מִן הַנִּישּׂוּאִין.

HALAKHAH: “A widow, whether after preliminary or definitive marriage,” etc. Rebbi Simeon is of the opinion that everything depends on sustenance. If he had agreed to sustain her after preliminary marriage, she may sell without court supervision If he had agreed to sustain her after definitive marriage, she may sell only under court supervision34If she is widowed before definitive marriage.. The words of the Sages? Rebbi Aḥa, Rebbi Ḥinena in the name of Rebbi Joḥanan: A person is concerned for his widow’s dignity35That she should not have to appear before an all-male court. This is also R. Joḥanan’s opinion in the Babli, 97b, where it is not the only explanation. whether after preliminary or after definitive marriage.

HALAKHAH: “A widow, whether after preliminary or definitive marriage,” etc. Rebbi Simeon is of the opinion that everything depends on sustenance. If he had agreed to sustain her after preliminary marriage, she may sell without court supervision If he had agreed to sustain her after definitive marriage, she may sell only under court supervision34If she is widowed before definitive marriage.. The words of the Sages? Rebbi Aḥa, Rebbi Ḥinena in the name of Rebbi Joḥanan: A person is concerned for his widow’s dignity35That she should not have to appear before an all-male court. This is also R. Joḥanan’s opinion in the Babli, 97b, where it is not the only explanation. whether after preliminary or after definitive marriage.

11:2:3

רַב יְהוּדָה בְשֵׁם שְׁמוּאֵל. הַמּוֹחֶלֶת כְּתוּבָּתָהּ לִיתוֹמִים נִיזּוֹנֶת מִשֶּׁלָּהֶן. וְקַשְׁיָא. אִילּוּ אִשָּׁה שֶׁאֵין לָהּ כְּתוּבָּה שֶׁמָּא אֵין לָהּ מְזוֹנוֹת. אִשָּׁה שֶׁאֵין לָהּ כְּתוּבָּה יֵשׁ לָהּ מְזוֹנוֹת. בְּרַם הָכָא לֹא דַיֶיךָ שֶׁמָּחְלָה לִיתוֹמִין כְּתוּבָּתָהּ אֶלָּא שֶׁאַתָּה מְבַקֵּשׁ לְהַבְרִיחָהּ מִמְּזוֹנוֹתֶיהָ.

Rav Jehudah in the name of Samuel: The one who renounced her ketubah in favor of the orphans is sustained by them. This is difficult. If there were a woman without ketubah36Cf Mishnah 5:2; it is a matter of dispute whether a woman may donate her ketubah to her husband., does she not have claim to sustenance? A woman without ketubah has claim to sustenance37Since she is entitled to sustenance for the work she does in keeping house. The problem could not arise before the husband’s death (hinted at in Babli 53a).
Many commentators want to emend the text; these emendations have to be rejected since the text as it stands is quoted in Sefer Ha‘iṭṭur vol. 2, 32d, at Note 23.
. But here is it not enough that she renounced her ketubah in favor of the orphans, that you want to cheat her of her sustenance?

Rav Jehudah in the name of Samuel: The one who renounced her ketubah in favor of the orphans is sustained by them. This is difficult. If there were a woman without ketubah36Cf Mishnah 5:2; it is a matter of dispute whether a woman may donate her ketubah to her husband., does she not have claim to sustenance? A woman without ketubah has claim to sustenance37Since she is entitled to sustenance for the work she does in keeping house. The problem could not arise before the husband’s death (hinted at in Babli 53a).
Many commentators want to emend the text; these emendations have to be rejected since the text as it stands is quoted in Sefer Ha‘iṭṭur vol. 2, 32d, at Note 23.
. But here is it not enough that she renounced her ketubah in favor of the orphans, that you want to cheat her of her sustenance?

11:2:4

רַב יְהוּדָה בְשֵׁם רַב. הַתּוֹבַעַת כְּתוּבָּתָהּ בְּבֵית דִין אִיבְּדָה מְזוֹנוֹתֶיהָ. אָמַר רִבִּי יוֹסֵי. וּבִלְבַד מִן הַשּׁוֹפִי. הָא מֵאוֹנֶס לֹא. כְּהָדָא אַרְמַלְתָּא דְּרִבִי אַבְדִּימוֹס דְּמוֹזְבָה. אָמְרוּ לָיהּ. רִבִּי בָּא בַר כֹּהֶן בְּעֵי לֵיךְ. תָּבְעָת פֶרְנֶה. אוֹבְדַת מְזוֹנוֹתֶיהָ. מִן דְּאִיתְיָדְעִין מִילַּיָיא אַעֲלוֹן עוֹבְדָא קוֹמֵי רִבִּי יוֹסֵי. וְחָזְרָה לִמְזוֹנָהּ.

Rav Jehudah in the name of Rav38In the Babli (Ketubot 54a, Giṭṭin25a, Arakhin 22a): Samuel.: If she requested her ketubah in court39Not if the request is made in private., she lost her claim to sustenance40Since the widow is entitled either to be paid her ketubah or to be sustained by the estate.. Rebbi Yose said, but only from a clear mind; not if forced. As in the case of the widow of Rebbi Eudaimon from Mozva to whom they41The heirs informed her falsely that a rabbi of reputation wanted to marry her. said, Rebbi Abba bar Cohen wants you. She requested her ketubah and lost her sustenance. After the matter became known42Fraudulent information by an interested party is counted as forced deal for the victim., it was brought before Rebbi Yose and she returned to her sustenance.

Rav Jehudah in the name of Rav38In the Babli (Ketubot 54a, Giṭṭin25a, Arakhin 22a): Samuel.: If she requested her ketubah in court39Not if the request is made in private., she lost her claim to sustenance40Since the widow is entitled either to be paid her ketubah or to be sustained by the estate.. Rebbi Yose said, but only from a clear mind; not if forced. As in the case of the widow of Rebbi Eudaimon from Mozva to whom they41The heirs informed her falsely that a rabbi of reputation wanted to marry her. said, Rebbi Abba bar Cohen wants you. She requested her ketubah and lost her sustenance. After the matter became known42Fraudulent information by an interested party is counted as forced deal for the victim., it was brought before Rebbi Yose and she returned to her sustenance.

11:2:5

רִבִּי אֶלְעָזָר בְּשֵׁם רִבִּי יוֹסֵי בֶּן זִימְרָא. אַלְמָנָה שֶׁעָשָׂת שְׁנַיִם שְׁלֹשָׁה חֳדָשִׁים שֶׁלֹּא לִתְבּוֹעַ מְזוֹנוֹתֶיהָ אָבְדָה מְזוֹנֹתֶיהָ דְּאִינּוּן תַּלְתֵּי יַרְחַיָיא. בִּשֶׁלֹּא לִלְוֹת. אֲבָל אִם לָוְתָה גּוֹבָה. בְּשֶׁאֵין בְּיָדֶיהָ מַשְׁכּוֹן. אֲבָל אִם יֵשׁ בְּיָדֶיהָ מַשְׁכּוֹן אֲפִילוּ לֹא לָוְותָה גּוֹבָה. רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן. זוֹ הִיא שֶׁאָמְרוּ. בַּתְּחִילָּה מוֹכְרִין מָזוֹן שְׁנֵים עָשָׂר חוֹדֶשׁ. וְנוֹתְנִין לָהּ מָזוֹן לֹ יוֹם. בְּסוֹף לֹ יוֹם הֵן אוֹמְרִים. נָתַנּוּ. וְהִיא אוֹמֶרֶת. לֹא נָטַלְתִּי. יָיבֹא כְהָדָא. דָּמַר רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. לוֹוֶה מִמֶּנָּהּ יֹבֹ אֶלֶף לְשָׁנָה לִהְיוֹת מַעֲלֶה לָהּ מִדֵּינָר זָהָב לַחוֹדֶשׁ. פְּשִׁיטָא חוֹדֶשׁ הָרִאשׁוֹן נָתַן וְחוֹדֶשׁ הָאַחֲרוֹן לֹא נָתַן. יָמִים שֶׁבֵּנְתַיִים זוֹ הִיא שֶׁאָמְרוּ. הָא בַתְּחִילָּה לֹא.

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: A widow who lived two or three months without asking for sustenance, loses the sustenance of these three months43In the Babli, 97a, “two or three years”.. That is, if she did not take a loan. But if she took out a loan, she collects. If there is no pledge in her hand. But if she has a pledge in her hand, she collects even if she did not take a loan44Any action she takes earlier to show that she is aware of her claim validates the claim later.. Rebbi Yasa in the name of Rebbi Joḥanan: That is what they said, at the start one sells for sustenance of twelve months but one gives her sustenance for 30 days45If the widow goes to court to sell from the estate’s real estate, it cannot be sold in small portions. One therefore sells to cover her sustenance for twelve months but the moneys are delivered to her in monthly installments since, as explained in the next paragraph, money delivered to the widow for her sustenance cannot be taken back (even if she remarries).
In the Babli, 97a, the time frame for which one sells is a matter of dispute.
. If at the end of thirty days they say, we gave, but she says, I did not receive46Who carries the burden of proof? Is it the widow because she is the claimant, or is the ketubah considered as if collected in the widow’s hand and the heirs want to deprive her of it and have to bring proof?, it would be similar to what Rebbi Abbahu said in the name of Rebbi Joḥanan: If one took a loan of 12’000 for a year in order to repay one gold denar47Under the Augustan monetary system, a gold denar was worth 25 silver denars. The present statement must have been formulated during the inflation of the Military Anarchy when the debased “silver” denars had even lost their name. In Ma‘aśer Šeni 4:1 (Notes 23, 24) there is mention of an aureus worth 2’000. Cf. D. Sperber, Roman Palestine200–400, Money & Prices, 1974, Chapter II. per month. It is obvious that he gave for the first month48Since this was due at the beginning of the contract, it may be presumed that payment was made. In this case, the burden of proof is on the recipient. and did not give for the last49Since nobody can be presumed to pay before due date; if the payor claims to have paid before that day, the burden of proof is on him.. About the days in between they said, not at the start50While in general in disputes about the fulfillment of contracts the burden of proof is on the claimant, in matters of payments to the widow the burden of proof is on the payor except for the first installment..

Rebbi Eleazar in the name of Rebbi Yose ben Zimra: A widow who lived two or three months without asking for sustenance, loses the sustenance of these three months43In the Babli, 97a, “two or three years”.. That is, if she did not take a loan. But if she took out a loan, she collects. If there is no pledge in her hand. But if she has a pledge in her hand, she collects even if she did not take a loan44Any action she takes earlier to show that she is aware of her claim validates the claim later.. Rebbi Yasa in the name of Rebbi Joḥanan: That is what they said, at the start one sells for sustenance of twelve months but one gives her sustenance for 30 days45If the widow goes to court to sell from the estate’s real estate, it cannot be sold in small portions. One therefore sells to cover her sustenance for twelve months but the moneys are delivered to her in monthly installments since, as explained in the next paragraph, money delivered to the widow for her sustenance cannot be taken back (even if she remarries).
In the Babli, 97a, the time frame for which one sells is a matter of dispute.
. If at the end of thirty days they say, we gave, but she says, I did not receive46Who carries the burden of proof? Is it the widow because she is the claimant, or is the ketubah considered as if collected in the widow’s hand and the heirs want to deprive her of it and have to bring proof?, it would be similar to what Rebbi Abbahu said in the name of Rebbi Joḥanan: If one took a loan of 12’000 for a year in order to repay one gold denar47Under the Augustan monetary system, a gold denar was worth 25 silver denars. The present statement must have been formulated during the inflation of the Military Anarchy when the debased “silver” denars had even lost their name. In Ma‘aśer Šeni 4:1 (Notes 23, 24) there is mention of an aureus worth 2’000. Cf. D. Sperber, Roman Palestine200–400, Money & Prices, 1974, Chapter II. per month. It is obvious that he gave for the first month48Since this was due at the beginning of the contract, it may be presumed that payment was made. In this case, the burden of proof is on the recipient. and did not give for the last49Since nobody can be presumed to pay before due date; if the payor claims to have paid before that day, the burden of proof is on him.. About the days in between they said, not at the start50While in general in disputes about the fulfillment of contracts the burden of proof is on the claimant, in matters of payments to the widow the burden of proof is on the payor except for the first installment..

11:2:6

אָתָא רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. בַּתְּחִילָּה מוֹכְרִין מָזוֹן י̇ב̇ חוֹדֶשׁ וְנוֹתְנִין לָהּ מָזוֹן ל̇ יוֹם. וְיִמְכְּרוּ מָזוֹן שְׁנֵים עָשָׂר חוֹדֶשׁ. שֶׁלֹּא לְהוֹרַע כֹּחָהּ שֶׁל אִשָּׁה. וְיִתְּנוּ לָהּ מָזוֹן שְׁלֹשִׁים יוֹם. אִם אוֹמֵר אַתְּ כֵּן נִמְצֵאתָה חַב לִיתוֹמִים. כְּהָדָא דְתַנֵּי. אַלְמָנָה שֶׁתָּפְסָה אֲפִילוּ אֶלֶף זוּז לִמְזוֹנוֹתֶיהָ אֵין מוֹצִיאִין מִיָּדָהּ. מָהוּ מֵימַר לָהּ. הֲוִי מַה בְּיָדַיִךְ. תַּלְמִידוֹי דְּרִבִּי מָנָא אָמְרִין לָהּ. הֲוִי מַה בְּיָדַיִךְ. אֲמַר לוֹן רִבִּי יוֹסֵי בֵּירִבִּי בּוּן. מִכֵּיוָן שֶׁהִיא עֲתִידָה לְהִישָּׁבַע בַּסּוֹף אֲפִילוּ מַה בְיָדַיִךְ אָמְרִין לָהּ. תְּהִי.

Rebbi Abbahu quoted in the name of Rebbi Joḥanan51Quoted in the preceding paragraph in the name of R. Yasa, Note 45. אתא here corresponds to גופא in the Babli as back reference.: At the start one sells for sustenance of twelve months but one gives her sustenance for 30 days. Why should they sell for the sustenance of 12 months? Not to disadvantage the woman52She does not have to run after her sustenance every month.. Why do they give her sustenance for 30 days? If you said otherwise, you would act in detriment of the orphans, as it was stated53A similar baraita is quoted in the Babli, 96a.: If a widow took possession even of 1’000 zuz for her sustenance, one does not take it away from her. What could one say to her? “Show54Reading הוי as equivalent of Babylonian חוי. what is in your hands!55One might think that she can collect for next month’s sustenance only after having accounted for the expenses of the past, reducing next month’s payment by the amount not spent in the preceding.” The students of Rebbi Mana said to her, “show what is in your hands.” Rebbi Yose ben Rebbi Abun said to them, since in the end she will have to swear about anything in her hands56If in the end she decides to take her ketubah, she has to deliver an accounting about any estate property in her hands., one says to her, let it be so.

Rebbi Abbahu quoted in the name of Rebbi Joḥanan51Quoted in the preceding paragraph in the name of R. Yasa, Note 45. אתא here corresponds to גופא in the Babli as back reference.: At the start one sells for sustenance of twelve months but one gives her sustenance for 30 days. Why should they sell for the sustenance of 12 months? Not to disadvantage the woman52She does not have to run after her sustenance every month.. Why do they give her sustenance for 30 days? If you said otherwise, you would act in detriment of the orphans, as it was stated53A similar baraita is quoted in the Babli, 96a.: If a widow took possession even of 1’000 zuz for her sustenance, one does not take it away from her. What could one say to her? “Show54Reading הוי as equivalent of Babylonian חוי. what is in your hands!55One might think that she can collect for next month’s sustenance only after having accounted for the expenses of the past, reducing next month’s payment by the amount not spent in the preceding.” The students of Rebbi Mana said to her, “show what is in your hands.” Rebbi Yose ben Rebbi Abun said to them, since in the end she will have to swear about anything in her hands56If in the end she decides to take her ketubah, she has to deliver an accounting about any estate property in her hands., one says to her, let it be so.

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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