Yerushalmi Ketubot 12:5 ירושלמי כתובות י״ב:ה׳

MISHNAH: All the time she lives in her father’s house, she always can collect her ketubah⁴⁵Since she was not sustained by the estate.; if she she lives in her husband’s house, she can collect her ketubah for 25 years, for in 25 years she will have received benefits in the value of her ketubah, the words of Rebbi Meïr who spoke in the name of Rabban Simeon ben Gamliel. But the Sages say, all the time she lives in her husband’s house, she always can collect her ketubah⁴⁶Since she has to keep house for the heirs, her sustenance is payment for her services and cannot be counted against her ketubah.; if she lives in her father’s house, she can collect her ketubah for 25 years⁴⁷Since she is not supported by the estate and has no connection with the heirs, one may assume that she has decided not to claim the ketubah; this is a statute of limitation for claims.. If she died, her heirs can sell⁴⁸This reading is found in the Yerushalmi and two other Mishnah mss., as well as the editio princeps of the Tosephta (12:3). In the Halakhah it is quoted in the form of the Mishnah of the Babli and the great majority of Mishnah mss. and both Tosephta mss: מזכירין “they mention”. This refers to the rule explained in the second paragraph of the Halakhah, that any mention of the ketubah to the heirs stops the statute of limitations and begins a new period of 25 years. Therefore, it is even possible to sustain the reading of the Mishnah, that her heirs can sell her claim within 25 years since the notification of the stake of the claim to the heirs automatically starts a new period of 25 years. her ketubah for up to 25 years.

HALAKHAH: “All the time she lives in her father’s house,” etc. For the good she received; her properties became delivered⁴⁹In rabbinic Hebrew, חלט means not only “to parboil” but also “making a final decision”. Neither meaning fits the context here. It seems that the word is Arabic خلط “to mix something with something else”, meaning that her dowry was mixed with her husband’s property all the time. during her husband’s lifetime and after 25 years she gave up the claim to her ketubah. Rav Ḥiyya bar Ashi in the name of Rav Ḥiyya asked before Rebbi La: One understands for a woman who has no ketubah. But should a woman who has a ketubah not be able to collect forever? He answered him, it tells you more: Even a woman who has a ketubah collects only up to 25 years⁵⁰In the Babli, 104b, Rav Naḥman decides with Rav Ḥiyya bar Ashi that the limitation imposed by the Mishnah refers only to a widow who has no ketubah document to present to the court.. The statement of Rebbi Eleazar says⁵¹Tosephta 12:3 notes that the creditor (who is secured by a mortgage document) can foreclose forever, after the description of the difference between R. Meïr and the Sages, and a remark that R. Ismael sets the time limit at 30 years. (The first law enacted in the Roman Empire to set a time limit on the collection of debts seems to have been Theodosius II’s praescriptio triginta annorum of 424 C.E.). The (anonymous) Tosephta is ascribed here to one of the Tannaïm named R. Eleazar., the creditor collects forever. He said only, “the creditor”; but a woman can collect only up to25 years. Rebbi Abin said, this is reasonable only for a woman who is not being supported. But for a woman who is being supported, I say that she did not claim it because of her support⁵¹Tosephta 12:3 notes that the creditor (who is secured by a mortgage document) can foreclose forever, after the description of the difference between R. Meïr and the Sages, and a remark that R. Ismael sets the time limit at 30 years. (The first law enacted in the Roman Empire to set a time limit on the collection of debts seems to have been Theodosius II’s praescriptio triginta annorum of 424 C.E.). The (anonymous) Tosephta is ascribed here to one of the Tannaïm named R. Eleazar..

Rebbi Yose ben Rebbi Abun said, not only that she claims, but even if she mentions [her claims], as we have stated there⁵²Since this refers to the Mishnah of this Halakhah, “there” is out of place. Probably the Mishnah is correct as given and the quote here refers to a text similar to Tosephta 12:3.: “If she died, her heirs can mention her ketubah for up to 25 years.” He tells you more: Even if she let 25 years minus one day go by before claiming, and then claimed, one gives her another 25 years⁵³The claim does not necessarily have to be a claim for payment but may be a reminder that the claim exists. This is sufficient to start a new period of limitation. The Babli agrees, 104 a/b, but in connection with the rule that a documented ketubah is not subject to a statute of limitations; cf. Note 50..

Rebbi Simon in the name of Rebbi Joshua ben Levi: One stated this only for the ketubah of a mina or 200 [zuz]⁵⁴The amount the husband has to promise from his own money.. But a ketubah of 1’000 denar⁵⁵The greatest part of which is represented by the dowry, her own family’s contribution. she collects forever⁵⁶Mortmain dowry is secured by a general mortgage on the husband’s properties; there seems to be no reason to treat this mortgage differently from the mortgage executed for a third party lender.. 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.⁵⁷Mishnah Giṭṭin 5:1. Since mortgages were usually not written on specific parcels, there are general rules governing foreclosures if the debtor cannot pay cash. The categories mentioned here are explained in Chapter 9, Note 195.” 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 land⁵⁶Mortmain dowry is secured by a general mortgage on the husband’s properties; there seems to be no reason to treat this mortgage differently from the mortgage executed for a third party lender.. 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 there⁵⁸Mishnah Peah 3:9, Note 151.: “If somebody signs over his property to his sons and signs over some real estate to his wife, she lost her claim to ketubah.” ⁵⁹This text is a slightly shortened version of a text in Peah 3:9, explained there in Notes 182–189. 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.