Talmud Yerushalmi
Yerushalmi Ketubot 11:3 ירושלמי כתובות י״א:ג׳
Part of: Chapter 11
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משנה: מָכְרָה כְתוּבָּתָהּ אוֹ מִקְצָתָהּ נָתְנָה כְתוּבָּתָהּ לְאַחֵר אוֹ מִקְצָתָהּ לֹא תִמְכּוֹר אֶת הַשְּׁאָר אֶלָּא בְּבֵית דִּין. וַחֲכָמִים אוֹמְרִים מוֹכֶרֶת הִיא אֲפִילוּ אַרְבָּעָה וַחֲמִשָּׁה פְעָמִים. וּמוֹכֶרֶת לִמְזוֹנוֹת שֶׁלֹּא בְּבֵית דִּין וְכוֹתֶבֶת לִמְזוֹנוֹת מָכַרְתִּי. וּגְרוּשָׁה לֹא תִמְכּוֹר אֶלָּא בְּבֵית דִּין.
MISHNAH: If she sold57She sells her future right to the sum promised her in the ketubah to a speculator who assumes the risk that she might die before her husband and the ketubah become void. her ketubah entirely or partially, or donated her ketubah to another, entirely or partially, she cannot sell the remainder except under court supervision58This belongs to R. Simeon’s statement from the preceding Mishnah.. But the Sages say, she may sell even four or five times59She may sell small portions of the ketubah without damaging her powers., and may sell for sustenance without court supervision but writes in the document that “I sold for sustenance.” A divorcee may sell only under court supervision60The divorcee can sell her former husband’s property only if he sent her the bill of divorce from far away. In that case, the court supervision is justified to preserve the estate.
The Babli explains that the husband does not care if his divorcee has to apply to the court to collect her dues. The Yerushalmi rejects this argument in the second paragraph..
MISHNAH: If she sold57She sells her future right to the sum promised her in the ketubah to a speculator who assumes the risk that she might die before her husband and the ketubah become void. her ketubah entirely or partially, or donated her ketubah to another, entirely or partially, she cannot sell the remainder except under court supervision58This belongs to R. Simeon’s statement from the preceding Mishnah.. But the Sages say, she may sell even four or five times59She may sell small portions of the ketubah without damaging her powers., and may sell for sustenance without court supervision but writes in the document that “I sold for sustenance.” A divorcee may sell only under court supervision60The divorcee can sell her former husband’s property only if he sent her the bill of divorce from far away. In that case, the court supervision is justified to preserve the estate.
The Babli explains that the husband does not care if his divorcee has to apply to the court to collect her dues. The Yerushalmi rejects this argument in the second paragraph..
הלכה: מָכְרָה כְתוּבָּתָהּ אוֹ מִקְצָתָהּ כול׳. תַּנֵּי. מוֹכֶרֶת וְכוֹתֶבֶת אֵילּוּ לִכְתוּבָּתָהּ וְאֵילּוּ לִמְזוֹנוֹת. דִּבְרֵי רִבִּי יְהוּדָה. רִבִּי יוֹסֵי אוֹמֵר. מוֹכֶרֶת וְכוֹתֶבֶת סְתָם. וּבְזוֹ כּוֹחָהּ מְיוּפֶּה. בָּאָת מִלְוֶה בָעֵדִים. אוֹמֶרֶת. לִמְזוֹנוֹת מָכַרְתִי. בָּאָת מִלְוֶה בִשְׁטָר. אוֹמֶרֶת. לִכְתוּבָּה מָכַרְתִי. וַאֲפִילוּ בָּאָת מִלְוֶה בָעֵדִים מוֹכֶרֶת לִמְזוֹנוֹת וְחוֹזֶרֶת וְטוֹרֶפֶת לְשֵׁם כְתוּבָּה. וְלָא אָמְרִין לָהּ. הֲוִי זְבִנֵיךְ. תִּיפְתָּר שֶׁהוֹקִיר הַמִּקַּח.
HALAKHAH: “If she sold her ketubah entirely or partially,” etc. It was stated61Tosephta 11:1; Babli 96b.: “She sells and writes ‘this I sold for ketubah’ and ‘this I sold for sustenance,’ the words of Rebbi Jehudah. Rebbi Yose said, she sells and writes non-specifically; in this she is empowered.” If a loan before witnesses [comes due], she says, I sold for sustenance62If the loan was executed after the date of her marriage, she can claim that the real estate is mortgaged to her ketubah. If there is no unincumbered real estate, the creditor is prevented from foreclosing. A verbal loan executed before witnesses cannot be used to foreclose property sold after the loan was made.. If a loan by contract [comes due], she says, I sold for my ketubah63If no real estate is left in the estate, the creditor cannot foreclose from the buyers if his contract was dated later than her ketubah.. And even if a loan before witnesses [comes due], she sells for sustenance and turns around and forecloses it for her ketubah; could one not say to her, show your sale64In the first case (Note 62), could not the amount of the sale and its circumstances inform a competent appraiser whether it was for sustenance or ketubah? Since a sale for sustenance is a sale on credit, to be paid over a 12 months’ period, should it not bring a premium price?? Explain it, if the object increased in value65And today it is impossible to determine the fair value at the time of sale..
HALAKHAH: “If she sold her ketubah entirely or partially,” etc. It was stated61Tosephta 11:1; Babli 96b.: “She sells and writes ‘this I sold for ketubah’ and ‘this I sold for sustenance,’ the words of Rebbi Jehudah. Rebbi Yose said, she sells and writes non-specifically; in this she is empowered.” If a loan before witnesses [comes due], she says, I sold for sustenance62If the loan was executed after the date of her marriage, she can claim that the real estate is mortgaged to her ketubah. If there is no unincumbered real estate, the creditor is prevented from foreclosing. A verbal loan executed before witnesses cannot be used to foreclose property sold after the loan was made.. If a loan by contract [comes due], she says, I sold for my ketubah63If no real estate is left in the estate, the creditor cannot foreclose from the buyers if his contract was dated later than her ketubah.. And even if a loan before witnesses [comes due], she sells for sustenance and turns around and forecloses it for her ketubah; could one not say to her, show your sale64In the first case (Note 62), could not the amount of the sale and its circumstances inform a competent appraiser whether it was for sustenance or ketubah? Since a sale for sustenance is a sale on credit, to be paid over a 12 months’ period, should it not bring a premium price?? Explain it, if the object increased in value65And today it is impossible to determine the fair value at the time of sale..
רִבִּי יַעֲקֹב בַּר אָחָא בְשֵׁם רִבִּי יוֹחָנָן רִבִּי הִילָא בְשֵׁם רִבִּי לָעְזָר. כְּשֵׁם שֶׁאָדָם חַס עַל כְּבוֹד אַלְמָנָתוֹ כָּךְ חַס עַל כְּבוֹד גְּרוּשָׁתוֹ. דְּאָמַר רִבִּי יַעֲקֹב בַּר אָחָא בְשֵׁם רִבִּי לָעְזָר. מִבְּשָׂרְךָ לֹא תִתְעַלָּם זוֹ גְרוּשָׁתוֹ. אִיתְּתֵיהּ דְּרִבִּי יוֹסֵי הַגָּלִילִי הֲוָות מֵעִיקָה לֵיהּ סַגִּין. סְלִיק רִבִּי לָעְזָר בֶּן עֲזַרְיָה לְגַבֵּיהּ. אֲמַר לֵיהּ. רִבִּי. שִׁיבְקָהּ. דְּלֵית הִיא דְאִיקָרָךְ. אֲמֵר לֵיהּ. פּוֹרְנֵה רַב עָלַי. אֲמַר לֵיהּ. אֲנָא יְהִיב לָךְ פֶרְנֵה וְשִׁבְקָהּ. יְהַב לָיהּ פֶרְנֵה וּשְׁבָקָהּ. אָזְלָה וּנְסִיבַת לְטֶסוֹרָא דְּקַרְתָּא. אִיתְנְחַת מִן נִיכְסוֹי וְאִיתְעֲבִיד כְּסַגִיא נְהוֹרָא וַהֲוָת מְחַזְּרָא לֵיהּ עַל כָּל קַרְתָּא וּמַדְבְּרָא לֵיהּ. חַד זְמָן חֲזַרְתֵּיהּ עַל כָּל קַרְתָּא וְלֹא אִיתְיְיהַב לֵיהּ כְּלוּם. אֲמַר לָהּ. לֵיתּ הָכָא שְׁכוּנָה חוֹרִין. אָמְרָה לֵיהּ. אִית הָכָא שְׁכוּנָה דִמְשַׁבְּקִי. וְלֵית בְּחֵיילִי עֲיַיל לֵהּ לְתַמָּן. שָׁרִי חֲבִיט לָהּ. עָבַר רִבִּי יוֹסֵי הַגָּלִילִי וְשָׁמַע קַלוֹן מִתְבַּזֵּיי בְשׁוּקָא. נַסְבּוֹן וִיהָבוֹן בְּגַו חַד בֵיתָא מִן דִידֵיהּ וַהֲוָה מַסִּיק לוֹן מְזוֹנִין כָּל יוֹמִין דַּהֲווֹן בַּחַיִין. עַל שֵׁם וּמִבְּשָׂרְךָ לֹא תִתְעַלָּם זוֹ גְרוּשָׁתוֹ. אֲפִילוּ כֵן אַצִּיתוֹן קָלוֹי בַלַּיְלִיָּא וְשָׁמְעִין קֹלָהּ אָמְרָה. לֹא הֲוָה טָב דַּיָיהּ צַעֲרָהּ לְבַר מִן גוּפָהּ וְלֹא לְגַו גּוּפָהּ.
Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: Just as a man is concerned about his widow’s honor so he has to be concerned about his divorcee’s honor66This disagrees with the Mishnah., as 67From here on, more wordy parallels are in Gen. rabba 17(3), Lev. rabba 34(14); Yalqut Šim‘oni Torah #23, 665, Is. #492; it is hinted at in Tanna dBe Eliahu rabba 27. Rebbi Jacob bar Aḥa said in the name of Rebbi Eleazar, “do not hide yourself from your flesh”68Is. 58:7., that refers to one’s divorcee. Rebbi Yose the Galilean’s wife69In Gen. rabba she is referred to as his niece, his sister’s daughter, whom to marry is considered meritorious by Pharisees based on Is. 58:7 (but sinful by Sadducees, CD V 7–10). did mistreat him badly. Rebbi Eleazar ben Azariah went to him and told him, rabbi, send her away, for she does not treat you with the honor due to you. He said to him, her ketubah is too large for me. He said to him, I shall give you the ketubah and send her away. He gave him the ketubah and he divorced her. She went and married the city treasurer70Musaphia identifies the word טסורא with Greek θησαυριστής “collector”. The parallel words in the Midrashim seem to be corrupted.. That one lost his property and became blind. She took him around the town and led him. Once they went around the entire town and nobody gave him anything. He said to her, is there not another neighborhood? She said to him, there is the neighborhood of my divorcer; it is beyond my powers to bring you there. He started hitting her. Rebbi Yose the Galilean passed by and heard them demeaning one another in public. He took them, brought them to one of his houses, and provided them with food all the days of their lives, because “do not hide yourself from your flesh”, that refers to one’s divorcee71Here end the parallels.. Nevertheless they quarelled loudly in the night and her voice was heard saying, the pain she suffered outside her body was easier to bear than that inside her body72She preferred being beaten by her current husband to the mental pain inflicted on her by her ex-husband’s generosity.
Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: Just as a man is concerned about his widow’s honor so he has to be concerned about his divorcee’s honor66This disagrees with the Mishnah., as 67From here on, more wordy parallels are in Gen. rabba 17(3), Lev. rabba 34(14); Yalqut Šim‘oni Torah #23, 665, Is. #492; it is hinted at in Tanna dBe Eliahu rabba 27. Rebbi Jacob bar Aḥa said in the name of Rebbi Eleazar, “do not hide yourself from your flesh”68Is. 58:7., that refers to one’s divorcee. Rebbi Yose the Galilean’s wife69In Gen. rabba she is referred to as his niece, his sister’s daughter, whom to marry is considered meritorious by Pharisees based on Is. 58:7 (but sinful by Sadducees, CD V 7–10). did mistreat him badly. Rebbi Eleazar ben Azariah went to him and told him, rabbi, send her away, for she does not treat you with the honor due to you. He said to him, her ketubah is too large for me. He said to him, I shall give you the ketubah and send her away. He gave him the ketubah and he divorced her. She went and married the city treasurer70Musaphia identifies the word טסורא with Greek θησαυριστής “collector”. The parallel words in the Midrashim seem to be corrupted.. That one lost his property and became blind. She took him around the town and led him. Once they went around the entire town and nobody gave him anything. He said to her, is there not another neighborhood? She said to him, there is the neighborhood of my divorcer; it is beyond my powers to bring you there. He started hitting her. Rebbi Yose the Galilean passed by and heard them demeaning one another in public. He took them, brought them to one of his houses, and provided them with food all the days of their lives, because “do not hide yourself from your flesh”, that refers to one’s divorcee71Here end the parallels.. Nevertheless they quarelled loudly in the night and her voice was heard saying, the pain she suffered outside her body was easier to bear than that inside her body72She preferred being beaten by her current husband to the mental pain inflicted on her by her ex-husband’s generosity.