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4:11:1

משנה: לֹא כָתַב לָהּ בְּנִין דִּיכְרִין דְּיִהֲוֹן לֵיכִי מִינַאי אִינּוּן יִרְתוּן כְּסַף כְּתוּבְתִּיךְ יָתֵר עַל חוּלַקְהוֹן דְּעִם אֲחֵיהוֹן חַיָיב שֶׁהוּא תְנַיי בֵית דִּין.

MISHNAH: If he did not write her “the male children you will have from me shall inherit the amount of your ketubah in addition to their part with their brothers237If the wife should die before the husband and the husband inherits from her then, if the husband dies, the sons of his several wives can first claim their mother’s ketubah (the ≥200 zuz from the husband and all the dowry noted in the document) from the estate; only the remainder is divided between the sons (with an eventual first-born son taking two parts.)”; he is obligated, for this is a stipulation enforced by the court.

MISHNAH: If he did not write her “the male children you will have from me shall inherit the amount of your ketubah in addition to their part with their brothers237If the wife should die before the husband and the husband inherits from her then, if the husband dies, the sons of his several wives can first claim their mother’s ketubah (the ≥200 zuz from the husband and all the dowry noted in the document) from the estate; only the remainder is divided between the sons (with an eventual first-born son taking two parts.)”; he is obligated, for this is a stipulation enforced by the court.

4:11:2

הלכה: לֹא כָתַב לָהּ. בְּנִין דִּיכְרִין כול׳. הָדָא דְאָמַר רִבִּי אִמִּי. כְּדֵי שֶׁיְּהֵא אָדָם מָצוּי לִיתֵּן לְבִתּוֹ בְּעַיִן יָפָה.

HALAKHAH: “If he did not write her “the male children,” etc. That is what Rebbi Immi said, that a man should be disposed to give generously to his daughter238If he knows that the dowry will remain the possession of his grandchildren, he will be more inclined to provide his daughter with a dowry. In the Babli, 52b, the explanation is ascribed to R. Joḥanan and the recommended amount is 10% of the father’s property.
The same statememt is also in Halakhah 10:2.
.

HALAKHAH: “If he did not write her “the male children,” etc. That is what Rebbi Immi said, that a man should be disposed to give generously to his daughter238If he knows that the dowry will remain the possession of his grandchildren, he will be more inclined to provide his daughter with a dowry. In the Babli, 52b, the explanation is ascribed to R. Joḥanan and the recommended amount is 10% of the father’s property.
The same statememt is also in Halakhah 10:2.
.

4:11:3

תַּמָּן תַּנִּינָן. רִבִּי יוֹחָנָן בֶּן בְּרוֹקָה אוֹמֵר. אִם אָמַר עַל שֶׁרָאוּי לְיוֹרְשֹׁה דְּבָרָיו קַיָימִין. וְעַל מִי שֶׁאֶין רָאוּי לְיוֹרְשׁוֹ אֵין דְּבָרָיו קַיָימִין. אָמַר רִבִּי יוֹחָנָן. לֹא אָמַר בֶּן בְּרוֹקָה אֶלָּא עַל בֶּן בֵּין הַבָּנִים וְעַל (בַּת) בֶּן בֵּין הַבָּנוֹת. בַּת בֵּין הָאָח לֹא. אָח בֵּין הַבָּנוֹת לֹא. רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן. מַעֲשֶׂה הָיָה וְהוֹרָה רִבִּי כְּרִבִּי יוֹחָנָן בֶּן בְּרוֹקָה. וְרִבִּי זְעִירָא רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן. רִבִּי שָׁאַל אֶת נָתָן הַבַּבְלִי. מַה טַעֲמָא אָמְרוּ. הֲלָכָה כְּרִבִּי יוֹחָנָן בֶּן בְּרוֹקָה. רִבִּי בָּא רִבִּי חִיָיה בְשֵׁם רִבִּי יוֹחָנָן. מַה טַעֲם שָׁאַל אֶת נָתָן הַבַּבְלִי. מַה רָאוּ חֲכָמִים לוֹמַר. הֲלָכָה כְּרִבִּי יוֹחָנָן בֶּן בְּרוֹקָה. לֹא אַתְּ הוּא שֶׁשָּׁנִיתָה לָנוּ כֵּן יִרְתּוּן. (אָמַר לֵיהּ. יִטְלוּן תָּנִית. אָתָא לְגַבֵּיהּ.) אָמַר לֵיהּ. לֵית כָּאן יִרְתּוּן אֶלָּא יִטְלוּן. אָתָא לְגַבֵּי אָבוֹי אָמַר לֵיהּ. קִיפַּחְתָּה אֶת נָתָן הַבַּבְלִי. לֵית כָּאן יִטְלוּן אֶלָּא יִרְתּוּן. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי בּוּן. אָכֵין אֲמַר לֵיהּ. טָעִיתִי טָעוּת שֶׁשִּׁנִּיתִי לָכֶם. לֵית כָּאן יִטְלוּן אֶלָּא יִרְתּוּן. אָמַר רִבִּי זְעִירָא. קַל הוּא בִתְנַאי כְּתוּבָּה. לְפִי שֶׁבְּכָל מָקוֹם אֵין אָדָם מְזַכֶּה אֶלָּא בִּכְתוּבָּה וְכָאן אֲפִילוּ בִדְבָרִים. לְפִי שֶׁבְּכָל מָקוֹם אֵין אָדָם מְזַכֶּה אֶלָּא לְמִי שֶׁהוּא בָעוֹלָם וְכָאן לְמִי שֶׁאֵינוֹ בָעוֹלָם. אָמַר רִבִּי יִרְמְיָה קוֹמֵי רִבִּי זְעִירָא. וְתַמְיָה אֲנָא אֵיךְ רַבָּנִין מְדַמּוּ כְתוּבָּה לִירוּשָּׁה. לֹא דָמֵי. דִּירוּשָּׁה מִדְּבַר תּוֹרָה כְּתוּבָּה מִדִּבְרֵיהֶן וְתֵימַר אָכֵן. אֲפִילוּ תֵימַר כְּתוּבָּה מִדִּבְרֵי תוֹרָה לֹא מוֹדוּ בִתְנַיֵּי כְתוּבָּה שֶׁהוּא מִדִּבְרֵיהֶן.

239A similar, but more tersely and clearly formulated text is in Baba Batra 8:6. There, we have stated240Mishnah Baba Batra 8:6. The biblical law of inheritance (Num. 27:8–11) states that inheritances should be distributed to the next of kin; it is implied that all persons of the same degree of relationship shall be treated equally (except for the rule of the firstborn. Deut. 21:15–17). In Mishnah 8:5, the anonymous majority states that a person may make a will in which he distributes his property unevenly. The will will be valid if formulated in the language of gifts, invalid in the language of inheritance. In Mishnah 8:6, R. Joḥanan ben Beroqa states that even the language of gifts is acceptable if and only if the recipient is a legal heir directly in line; e. g., one son among many, but not a daughter in the presence of sons since daughters inherit only if there are no sons. If there are no sons, R. Joḥanan ben Beroqa will accept unequal distribution of the estate among the daughters. The Mishnah here is formulated following Ben Beroqa since it accepts unequal distribution of the estate even without writing (Babli Baba Batra 131a).: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter)241This was the first (correct) word written by the scribe who then (incorrectly) crossed it out and replaced it by “son” to produce a meaningless sentence. son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa242Since the Mishnah in Ketubot is anonymous, it represents practice and it follows R. Joḥanan ben Beroqa. The Babli, Baba Batra 131a, presents the question in slightly different form and ends up by denying its validity. The Babli holds (seemingly against the Yerushalmi) that property rights based on a ketubah stipulation are strictly weaker than those mentioned in the ketubah contract in that they cannot be asserted against third parties.? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him)243The fragments of sentences in this parenthesis make no sense; they belong to nearby texts and the scribe seems to have been unsure about the order of the sentences. It is best to leave the parenthesis unexplained.. He said to him, there is no “shall inherit” but “shall take”244It is not quite clear whether this is Rebbi’s or R. Nathan the Babylonian’s statement. It changes the language of the Mishnah, that the woman’s sons “shall take her ketubah”, making the transaction one of a gift valid from the time of the marriage. Therefore, the rules of inheritance are irrelevant and there is no relation between the Mishnah here and Ben Beroqa’s statement about wills. (Everybody agrees that by a gift “valid now but executed only after my death”, a person can freely dispose of his assets without regard to biblical laws of inheritance.). When he came to his father, he said to him245When Rebbi came to Rabban Simeon ben Gamliel, the latter affirmed the text of the Mishnah as the correct one.: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing246At the date of the marriage, no sons are yet born. For everybody except R. Meïr, the unborn cannot be the recipient of a gift (other than through a guardian); the same argument is in the Babli, loc. cit.. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words247Ketubah is purely a rabbinic institution (or better, a generally followed practice in post-exilic Judaism, inspired by but not derived from the biblical “bridal gift”.) This is the opinion of Rabban Simeon ben Gamliel, cf. the last paragraph of this tractate.
Since the Mishnah text is Rabban Simeon ben Gamliel’s, the question is relevant.
; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words248Therefore, there is no connection between the ketubah stipulations and the laws of inheritance.?

239A similar, but more tersely and clearly formulated text is in Baba Batra 8:6. There, we have stated240Mishnah Baba Batra 8:6. The biblical law of inheritance (Num. 27:8–11) states that inheritances should be distributed to the next of kin; it is implied that all persons of the same degree of relationship shall be treated equally (except for the rule of the firstborn. Deut. 21:15–17). In Mishnah 8:5, the anonymous majority states that a person may make a will in which he distributes his property unevenly. The will will be valid if formulated in the language of gifts, invalid in the language of inheritance. In Mishnah 8:6, R. Joḥanan ben Beroqa states that even the language of gifts is acceptable if and only if the recipient is a legal heir directly in line; e. g., one son among many, but not a daughter in the presence of sons since daughters inherit only if there are no sons. If there are no sons, R. Joḥanan ben Beroqa will accept unequal distribution of the estate among the daughters. The Mishnah here is formulated following Ben Beroqa since it accepts unequal distribution of the estate even without writing (Babli Baba Batra 131a).: “Rebbi Joḥanan ben Beroqa says, if he speaks about somebody who is a legal heir, his statements are valid, but about somebody who is not a legal heir, his statements are invalid.” Rebbi Joḥanan said, Ben Beroqa spoke only about a son among sons or a (daughter)241This was the first (correct) word written by the scribe who then (incorrectly) crossed it out and replaced it by “son” to produce a meaningless sentence. son among daughters, not about a daughter and brother or a brother among daughters. Rebbi Yasa in the name of Rebbi Joḥanan: There was a case and Rebbi decided following Rebbi Joḥanan ben Beroqa. Rebbi Ze‘ira, Rebbi Yasa in the name of Rebbi Joḥanan: Rebbi asked Nathan the Babylonian, why did they say that practice follows Rebbi Joḥanan ben Beroqa? Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: What is the reason? He asked Nathan the Babylonian, why did the Sages say that practice follows Rebbi Joḥanan ben Beroqa242Since the Mishnah in Ketubot is anonymous, it represents practice and it follows R. Joḥanan ben Beroqa. The Babli, Baba Batra 131a, presents the question in slightly different form and ends up by denying its validity. The Babli holds (seemingly against the Yerushalmi) that property rights based on a ketubah stipulation are strictly weaker than those mentioned in the ketubah contract in that they cannot be asserted against third parties.? Are you not the one who stated “shall inherit”? (He said to him, you stated “shall take”; he came to him)243The fragments of sentences in this parenthesis make no sense; they belong to nearby texts and the scribe seems to have been unsure about the order of the sentences. It is best to leave the parenthesis unexplained.. He said to him, there is no “shall inherit” but “shall take”244It is not quite clear whether this is Rebbi’s or R. Nathan the Babylonian’s statement. It changes the language of the Mishnah, that the woman’s sons “shall take her ketubah”, making the transaction one of a gift valid from the time of the marriage. Therefore, the rules of inheritance are irrelevant and there is no relation between the Mishnah here and Ben Beroqa’s statement about wills. (Everybody agrees that by a gift “valid now but executed only after my death”, a person can freely dispose of his assets without regard to biblical laws of inheritance.). When he came to his father, he said to him245When Rebbi came to Rabban Simeon ben Gamliel, the latter affirmed the text of the Mishnah as the correct one.: you disadvantaged Nathan the Bablylonian; there is no “shall take” but “shall inherit”. Rebbi Yose ben Rebbi Abun said, this is what he told him: I made an error in what I taught you; there is no “shall take” but “shall inherit”. Rebbi Ze‘ira said, this is one of the leniencies of the ketubah stipulations. In general, a person can transfer rights only by a document; here even verbally. In general, a person cannot transfer rights to somebody not yet existing; here to the non-existing246At the date of the marriage, no sons are yet born. For everybody except R. Meïr, the unborn cannot be the recipient of a gift (other than through a guardian); the same argument is in the Babli, loc. cit.. Rebbi Jeremiah said before Rebbi Ze‘ira: I am wondering how the rabbis can compare ketubah to inheritance, for inheritance is a biblical law but ketubah is from their words247Ketubah is purely a rabbinic institution (or better, a generally followed practice in post-exilic Judaism, inspired by but not derived from the biblical “bridal gift”.) This is the opinion of Rabban Simeon ben Gamliel, cf. the last paragraph of this tractate.
Since the Mishnah text is Rabban Simeon ben Gamliel’s, the question is relevant.
; how can one argue this? Even if you say that ketubah is a biblical law, do they not agree that the stipulations of the ketubah are from their words248Therefore, there is no connection between the ketubah stipulations and the laws of inheritance.?

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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