Talmud Yerushalmi
Yerushalmi Ketubot 12:1 ירושלמי כתובות י״ב:א׳
Part of: Chapter 12
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: הַנּוֹשֵׂא אֶת הָאִשָּׁה וּפָסְקָה עִמּוֹ כְּדֵי שֶׁיָּזוּן אֶת בִּתָּהּ חָמֵשׁ שָׁנִים חַיָיב לְזוּנָהּ חָמֵשׁ שָׁנִים. נִישֵּׂאת לְאַחֵר וּפָסְקָה עִמּוֹ כְּדֵי שֶׁיָּזוּן אֶת בִּתָּהּ חָמֵשׁ שָׁנִים חַיָיב לְזוּנָהּ חָמֵשׁ שָׁנִים. לֹא יֹאמַר הָרִאשׁוֹן לִכְשֶׁתָּבֹא אֶצְלִי אֲזוּנָהּ אֶלָּא מוֹלִיךְ לָהּ מְזוֹנוֹתֶיהָ לִמְקוֹם שֶׁהִיא. וְכֵן לֹא יֹאמְרוּ שְׁנֵיהֶן הֲרֵי אָנוּ זָנִין אוֹתָהּ כְּאֶחָד אֶלָּא אֶחָד זָנָהּ וְאֶחָד נוֹתֵן לָהּ דְּמֵי מְזוֹנוֹת.
MISHNAH: If somebody marries a woman and contracts with her to sustain her daughter1From a prior marriage. for five years, he is obligated to sustain her for five years2Even if he divorces her mother before the end of the five years, since his obligation is towards the daughter, and obligations towards minors cannot be renegotiated.. If [the mother] was married3During the five years from her marriage to the first. 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 place4Who is with her mother, in the second husband’s house.. 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.
MISHNAH: If somebody marries a woman and contracts with her to sustain her daughter1From a prior marriage. for five years, he is obligated to sustain her for five years2Even if he divorces her mother before the end of the five years, since his obligation is towards the daughter, and obligations towards minors cannot be renegotiated.. If [the mother] was married3During the five years from her marriage to the first. 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 place4Who is with her mother, in the second husband’s house.. 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.
הלכה: הַנּוֹשֵׂא אֶת הָאִשָּׁה וּפָסְקָה עִמּוֹ כול׳. בְּמָה הוּא מִתְחַיֵיב לָהּ. לֹא כֵן רִבִּי יוֹחָנָן וְרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ תְּרֵיהוֹן אָמְרִין. הַכּוֹתֵב שְׁטָר חוֹב עַל חֲבֵירוֹ בְּחֶזְקַת שֶׁהוּא חַיָיב לוֹ וְנִמְצָא שֶׁאֵינוֹ חַיָיב לוֹ אֵינוֹ חַיָיב לִיתֵּן לוֹ. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אָמַר. עָשׂוּ אוֹתָהּ כְּתוֹסֶפֶת כְּתוּבָּה. וְיִתֵּן בְּסוֹף. עָשׂוּ אוֹתָהּ כְּקִידּוּשֵׁי אִשָּׁה. וְיִתֵּן מִשָּׁעָה הָרִאשׁוֹנָה. עָשׂוּ אוֹתָהּ כִּמְקַדֵּשׁ אֶת הָאִשָּׁה עַל מְנָת לִיתֵּן לָהּ י̇ב̇ דֵּינָר זָהָב בַּשָּׁנָה לִהְיוֹת מַעֲלֶה לָהּ מִדֵּינָר זָהָב לַחוֹדֶשׁ.
HALAKHAH: “If somebody marries a woman and had contracted with her,” etc. How does he become indebted to her5Since obviously the intention of the groom was to feed the daughter with her mother in his house; if he had known that he would divorce the mother before the daughter reached marriageable age he would not have agreed to these terms. Can he not claim now that he entered the obligation in error?? Do not Rebbi Joḥanan6In the Babli, 101b, he is reported to hold that an obligation entered into voluntarily cannot be repealed, as pointed out by Tosaphot, 102a s. v. אליבא. 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 him7Cf. Chapter 5, Halakhah 1.! Rebbi Simeon ben Laqish said, they gave it the status of an addition to the ketubah8A voluntary addition by the groom to the minimal amounts of the ketubah, which is protected by all privileges given to the ketubah.. Then he should have to pay in the end9Not at the end of five years but at the end of the marriage, when the entire ketubah becomes due immediately. But the Mishnah lets him pay off his obligation for the remainder of the five years.! They gave it the status of the gift for a woman’s preliminary marriage10This is an awkward formulation of the answer given to the question in the Babli (102a): The mother acquires the rights for her daughter under the special rules for acquisition by the children of sums promised by the respective parents when they decide on the marriage pact, cf. 5:1 (Notes 15,16), 6:2 (Note 29). The acquisition of rights by mother and daughter as a consequence of the oral promise of the groom.. Then he should pay up front11Anything promised for preliminary marriage has to be delivered at the preliminary marriage.! 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 month12The husband delivers by taking the daughter to live in his house together with her mother..
HALAKHAH: “If somebody marries a woman and had contracted with her,” etc. How does he become indebted to her5Since obviously the intention of the groom was to feed the daughter with her mother in his house; if he had known that he would divorce the mother before the daughter reached marriageable age he would not have agreed to these terms. Can he not claim now that he entered the obligation in error?? Do not Rebbi Joḥanan6In the Babli, 101b, he is reported to hold that an obligation entered into voluntarily cannot be repealed, as pointed out by Tosaphot, 102a s. v. אליבא. 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 him7Cf. Chapter 5, Halakhah 1.! Rebbi Simeon ben Laqish said, they gave it the status of an addition to the ketubah8A voluntary addition by the groom to the minimal amounts of the ketubah, which is protected by all privileges given to the ketubah.. Then he should have to pay in the end9Not at the end of five years but at the end of the marriage, when the entire ketubah becomes due immediately. But the Mishnah lets him pay off his obligation for the remainder of the five years.! They gave it the status of the gift for a woman’s preliminary marriage10This is an awkward formulation of the answer given to the question in the Babli (102a): The mother acquires the rights for her daughter under the special rules for acquisition by the children of sums promised by the respective parents when they decide on the marriage pact, cf. 5:1 (Notes 15,16), 6:2 (Note 29). The acquisition of rights by mother and daughter as a consequence of the oral promise of the groom.. Then he should pay up front11Anything promised for preliminary marriage has to be delivered at the preliminary marriage.! 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 month12The husband delivers by taking the daughter to live in his house together with her mother..
תַּנֵּי. זָנָהּ חָמֵשׁ שָׁנִים הָרִאשׁוֹנִים בֵּין בְּיוֹקֶר בֵּין בְּזוֹל. הָיוּ בְיוֹקֶר וְהֵזִילוּ. אִם הוּא גְרִים נוֹתֵן בְּיוֹקֶר. וְאִם הִיא גָרְמָה נוֹתֵן בְּזוֹל. הָיוּ בְזוֹל וְהוֹקִירוּ. בֵּין שֶׁהוּא גָרַם בֵּין שֶׁהִיא גָרְמָה נוֹתְנִין בְּזוֹל. הָדָא הִיא. הַבַּת לֹא עוֹלָה וְלֹא יוֹרֶדֶת.
It was stated: He supports her the first five years, whether in inflation or in deflation. If [living expenses] were high and became low, if he was the cause13If he divorced the girl’s mother by his own initiative before the end of the contracted years., he pays the high rate, if she was the cause, he pays the low rate. If they were low and became high, whether he was the cause or she was the cause, he pays the low rate14He obligated himself only for living expenses which were the going rate at the time the contract was signed.. That is, “the daughter neither ascends nor descends.15Cf. Chapter 5:6, Note 154.”
It was stated: He supports her the first five years, whether in inflation or in deflation. If [living expenses] were high and became low, if he was the cause13If he divorced the girl’s mother by his own initiative before the end of the contracted years., he pays the high rate, if she was the cause, he pays the low rate. If they were low and became high, whether he was the cause or she was the cause, he pays the low rate14He obligated himself only for living expenses which were the going rate at the time the contract was signed.. That is, “the daughter neither ascends nor descends.15Cf. Chapter 5:6, Note 154.”
תַּמָּן תַּנִּינָן. בְּנָן נוּקְבָּן דְּיֶהֱווֹן לֵיכִי מִינַאי יְהוֹן יָתְבָן בְּבֵיתִי וּמִיתְזְנָן מִנִּיכְסַיי. וְתַנֵּי עֲלָהּ. וּמִתְכַּסְיָין בִּכְסוּתִי. מַעֲשֵׂה יְדֵי הַבַּת שֶׁל מִי. נִישְׁמְעִינָהּ מִן הָדָא. נִישֵּׂאת. הַבַּעַל חַיָיב בִּמְזוֹנוֹתֶיהָ וְהֵן נוֹתְנִין לָהּ דְּמֵי מְזוֹנוֹת. הָדָא אָמְרָה. זָנָהּ וּמַעֲשֵׂה יָדֶיהָ שֶׁלְּבַעֲלָהּ. אָמַר רִבִּי יוֹסֵי. הָדָא אָמְרָה. פָּסַק לָזוּן כַּלָּתוֹ זָנָהּ וּמַעֲשֵׂה יָדֶיהָ שֶׁלִּבְנוֹ. הוּא רוֹצֶה שֶׁתָּבוֹא אֶצְלוֹ וְהִיא אֵינָהּ רוֹצָה. הַדִין עִמָּהּ. דְּתַנִּינָן. וְהֵן נוֹתְנִין לָהּ דְּמֵי מְזוֹנוֹת. חָלַת כְּמִי שֶׁנִּישֵּׂאת. מֵתָה כְמִי שֶׁנִּישֵּׂאת. מֵתָה כְּבָר מֵתָה.
There16Mishnah 4:13., 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 me17One should not interpret מזוֹנוֹת narrowly as “food” but more generally as “sustenance” (but excluding rent.). For whom does the daughter work? Let us hear from the following18Mishnah 12:2, about the wife’s daughter who marries while her mother’s (ex-)husbands continue to support her.: “The husband has to sustain her and they pay the cost of her sustenance.” This means, he feeds her but she works for her husband19And if the daughter is still unmarried, she works for herself.. Rebbi Yose20Rosh (Chapter 12, #1) reads: Rebbi Assi; this means that he read here רִבִּי יָסָא; an unlikely reading. 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 him21The daughter of his divorcee, in the case that her mother did not remarry. 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 married22Is the husband’s obligation one that the wife’s daughter’s heirs can collect?? If she died, she already is dead23The obligation ends with the daughter’s death. In the Babli, Baba batra 140a, this is considered to be obvious..
There16Mishnah 4:13., 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 me17One should not interpret מזוֹנוֹת narrowly as “food” but more generally as “sustenance” (but excluding rent.). For whom does the daughter work? Let us hear from the following18Mishnah 12:2, about the wife’s daughter who marries while her mother’s (ex-)husbands continue to support her.: “The husband has to sustain her and they pay the cost of her sustenance.” This means, he feeds her but she works for her husband19And if the daughter is still unmarried, she works for herself.. Rebbi Yose20Rosh (Chapter 12, #1) reads: Rebbi Assi; this means that he read here רִבִּי יָסָא; an unlikely reading. 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 him21The daughter of his divorcee, in the case that her mother did not remarry. 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 married22Is the husband’s obligation one that the wife’s daughter’s heirs can collect?? If she died, she already is dead23The obligation ends with the daughter’s death. In the Babli, Baba batra 140a, this is considered to be obvious..