Talmud Yerushalmi
Yerushalmi Ketubot 4:10 ירושלמי כתובות ד׳:י׳
Part of: Chapter 4
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משנה: לֹא כָתַב לָהּ אִם תִּשְׁתַּבְּיָין אֶפְרְקִינִיךְ וְאוֹתְבִינִיךְ לִי לְאִינְתּוּ וּבַכֹּהֲנוֹת אֲהַדְרִינִךְ לִמְדִינְתִּיךְ חַיָיב שֶׁהוּא תְּנַאי בֵּית דִּין. נִשְׁבֵּית חַיָיב לִפְדּוֹתָהּ וְאִם אָמַר הֲרֵי גִּיטָּהּ וּכְתוּבָּתָהּ תִּפְדֶה אֶת עַצְמָהּ אֵינוֹ רַשַּׁאי. לָקְתָה חַיָיב לְרַפּוֹתָהּ. אָמַר הֲרֵי גִּיטָּהּ וּכְתוּבָּתָהּ תִּפְדֶה אֶת עַצְמָהּ רַשַּׁאי.
MISHNAH: If he did not write her “if you are kidnapped I shall ransom you and bring you back as my wife,” or for Cohens’ wives “I shall return you to your country219Since she is forbidden to him as a probably rape victim, he has to divorce her and pay her ketubah in addition to the ransom he paid for her.,” he is obligated,220Even if the ransom will exceed the value of her ketubah. for this is a stipulation enforced by the court.
If she was kidnapped he is obligated to ransom her. If he said, here is her divorce document and her ketubah, let her redeem herself; he is not allowed to do that221He is not allowed (a) to cap possible ransom by the value of the ketubah and (b) to deduct the amount of the ransom from her ketubah.. If she was smitten222If she became sick., he is obligated to heal her. If he said, here is her divorce document and her ketubah, let her redeem223This probably is a scribal error. In all other mss. (Babli and independent Mishnah mss.): תְּרַפֶּה “let her heal herself.” herself; he is allowed to do that224The explanation given for the rule is in Tosephta 4:5, that ongoing medical expenses are part of the upkeep promised in the ketubah. This means, as explained in the Halakhah, that medical costs which can be determined beforehand are not part of the husband’s obligation but ongoing costs for chronic conditions are to be paid by the husband just like ongoing costs for food are his responsibility..
MISHNAH: If he did not write her “if you are kidnapped I shall ransom you and bring you back as my wife,” or for Cohens’ wives “I shall return you to your country219Since she is forbidden to him as a probably rape victim, he has to divorce her and pay her ketubah in addition to the ransom he paid for her.,” he is obligated,220Even if the ransom will exceed the value of her ketubah. for this is a stipulation enforced by the court.
If she was kidnapped he is obligated to ransom her. If he said, here is her divorce document and her ketubah, let her redeem herself; he is not allowed to do that221He is not allowed (a) to cap possible ransom by the value of the ketubah and (b) to deduct the amount of the ransom from her ketubah.. If she was smitten222If she became sick., he is obligated to heal her. If he said, here is her divorce document and her ketubah, let her redeem223This probably is a scribal error. In all other mss. (Babli and independent Mishnah mss.): תְּרַפֶּה “let her heal herself.” herself; he is allowed to do that224The explanation given for the rule is in Tosephta 4:5, that ongoing medical expenses are part of the upkeep promised in the ketubah. This means, as explained in the Halakhah, that medical costs which can be determined beforehand are not part of the husband’s obligation but ongoing costs for chronic conditions are to be paid by the husband just like ongoing costs for food are his responsibility..
הלכה: לֹא כָתַב לָהּ דְּאִין תִּשְׁתַּבְּיָין אֶפְרְקִינִיךְ כול׳. נִשְׁבֵּית חַיָיב לִפְדּוֹתָהּ כול׳. תַּנֵּי. יְבָמָה שֶׁנִּשְׁבֵּית אֵין הַיּוֹרְשִׁין חַיָיבִים לִפְדּוֹתָהּ. רִבִּי חִיָיה בַר אַשִׁי בְשֵׁם רַב. לֹא סוֹף דָּבָר שֶׁנִּישְׁבֵּית בְּחַיֵי בַעֲלָהּ אֶלָּא אֲפִילוּ שֶׁנִּשְׁבֵּית לְאַחַר מִיתַת הַבַּעַל אֵין הַיּוֹרְשִׁין חַיָיבִין לִפְדּוֹתָהּ. רִבִּי חִיָיה בַר אָחָא. מַתְנִיתִין מְסַיְיעָא לְרַב. וְאוֹתְבִינִיךְ לִי לְאִינְתּוּ. אֵין כָּאן אִינְתּוּ.
HALAKHAH: “If he did not write her “if you are kidnapped I shall ransom you,” etc. “If she was kidnapped he is obligated to ransom her,” etc. It was stated225Tosephta 4:5.: If a sister-in-law226The widow of childless man who waits to be married in levirate. The Babli, 52a, reports the same rule for any widow. was kidnapped, the heirs do not have to ransom her. Rebbi227This should be “Rav”. Ḥiyya bar Ashi in the name of Rav: Not only if she was kidnapped when her husband was still alive but even if she was kidnapped after the husband’s death, the heirs do not have to ransom her. Rebbi Ḥiyya bar Aḥa228This name does not appear otherwise in the Talmudim. In the Babli, Rav reports his argument in the name of his uncle, the elder Rabbi Ḥiyya (bar Abba bar Aḥa Karsala).: The Mishnah supports Rav: “And bring you back as wife;” there is no “wife”.
HALAKHAH: “If he did not write her “if you are kidnapped I shall ransom you,” etc. “If she was kidnapped he is obligated to ransom her,” etc. It was stated225Tosephta 4:5.: If a sister-in-law226The widow of childless man who waits to be married in levirate. The Babli, 52a, reports the same rule for any widow. was kidnapped, the heirs do not have to ransom her. Rebbi227This should be “Rav”. Ḥiyya bar Ashi in the name of Rav: Not only if she was kidnapped when her husband was still alive but even if she was kidnapped after the husband’s death, the heirs do not have to ransom her. Rebbi Ḥiyya bar Aḥa228This name does not appear otherwise in the Talmudim. In the Babli, Rav reports his argument in the name of his uncle, the elder Rabbi Ḥiyya (bar Abba bar Aḥa Karsala).: The Mishnah supports Rav: “And bring you back as wife;” there is no “wife”.
וּבַכֹּהֲנוֹת אֲהַדְרִינִיךְ לִמְדִינְתָּא. מָה. לִמְדִינְתָּה מַמָּשׁ. לְיִישׁוּב.
“For Cohens’ wives ‘I shall return you to your country.’” Does this mean, exactly to her country? To a civilized place.229To a Jewish community where he pays her the ketubah and where she can find a new husband.
“For Cohens’ wives ‘I shall return you to your country.’” Does this mean, exactly to her country? To a civilized place.229To a Jewish community where he pays her the ketubah and where she can find a new husband.
תַּנֵּי רַבָּן שֶׁמְעוֹן בֶּן גַּמְלִיאֵל. כָּל מַכָּה שֶׁיֵּשׁ לָהּ קִיצָה מִתְרַפֶּה מִכְּתוּבָתָהּ. וְשֶׁאֵין לָהּ קִיצָה מִתְרַפְּאָה מִן הַנְכָסִין. כְּהָדָא. חָדָא אִיתָא אֲתַת לְגַבֵּי רִבִּי יוֹחָנָן. אָמַר לָהּ. קְצַץ הוּא אַסְיָיךְ. אָמְרָה לֵיהּ. לָא. לֹא כֵן אָמַר רִִבִּי חַגַּי בְשֵׁם רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי. אַל תַּעַשׂ עַצְמָךְ כְּעֹרְכֵי הַדַּיָינִין. שֶׁלֹּא לְגַלֹּות לְיָחִיד אֶת דִּינוֹ. יְדַע הָיָה בָהּ שֶׁהִיא כְשֵׁירָה.
231This paragraph refers to the statement about medical costs. Rabban Simeon ben Gamliel stated232Tosephta 4:5; Babli, 52b.: For any hurt which has a fixed medical fee, she is healed from her ketubah. If it does not have a fixed medical fee, she is healed from the estate233If she is a widow who preferred to be sustained by the estate instead of collecting her ketrubah in cash.. As the following: A woman came to Rebbi Joḥanan. He asked her: Did your doctor give a fixed price? She said, no234He told her to insist the doctor be paid for each visit, not to give the treatment on an all-inclusive fixed price. In Baba Batra 9:6, 17a 1. 20, the woman is identified as a relative of R. Simeon ben Abba. In the Babli, 52b, R. Joḥanan is reported to have sided with the heirs, telling them to get an all-inclusive price from the doctor.. Did not Rebbi Ḥaggai say in the name of Rebbi Joshua ben Levi: “Do not turn yourself into an pleader235Mishnah Abot 1:8. It is unethical for a judge to dispense legal advice.,” that one shall not disclose the judgment to a party? He knew her to be honest236She would not change her behavior based on the information received from him..
231This paragraph refers to the statement about medical costs. Rabban Simeon ben Gamliel stated232Tosephta 4:5; Babli, 52b.: For any hurt which has a fixed medical fee, she is healed from her ketubah. If it does not have a fixed medical fee, she is healed from the estate233If she is a widow who preferred to be sustained by the estate instead of collecting her ketrubah in cash.. As the following: A woman came to Rebbi Joḥanan. He asked her: Did your doctor give a fixed price? She said, no234He told her to insist the doctor be paid for each visit, not to give the treatment on an all-inclusive fixed price. In Baba Batra 9:6, 17a 1. 20, the woman is identified as a relative of R. Simeon ben Abba. In the Babli, 52b, R. Joḥanan is reported to have sided with the heirs, telling them to get an all-inclusive price from the doctor.. Did not Rebbi Ḥaggai say in the name of Rebbi Joshua ben Levi: “Do not turn yourself into an pleader235Mishnah Abot 1:8. It is unethical for a judge to dispense legal advice.,” that one shall not disclose the judgment to a party? He knew her to be honest236She would not change her behavior based on the information received from him..