Talmud Yerushalmi
Yerushalmi Ketubot 4:13 ירושלמי כתובות ד׳:י״ג
Part of: Chapter 4
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: וְאַתְּ תְּהֵא יָתְבָא בְּבֵיתִי וּמִתְזַנָּה מִנִּיכְסַיי כָּל יְמֵי מֵייגַּד אַרְמְלוּתִיךְ בְּבֵיתִי חַיָיב שֶׁהוּא תְנַיי בֵּית דִּין.
MISHNAH: “And you shall dwell in my house and be supported by my property during all of your widowhood”; he is obligated, for this is a stipulation enforced by the court.
MISHNAH: “And you shall dwell in my house and be supported by my property during all of your widowhood”; he is obligated, for this is a stipulation enforced by the court.
הלכה: רִבִּי זְעִירָא שְׁאַל שָׁאִיל לְרַב נַחְמָן בַּר יַעֲקֹב וּלְרַב אֲבִימֵי בַּר פַּפַּי. לֹא הָיָה שָׁם בַּיִת. אָמְרוּ לֵיהּ. הַיּוֹרְשִׁין שׂוֹכְרִין לָהּ בַּיִת. מִיכָּן וָהֵילַךְ הִיא אוֹמֶרֶת קַרְקַע וְהֵן אוֹמְרִין מָעוֹת. הַדִּין עִם הַיְּתוֹמִים. כְּהָדָא. חָדָא אִיתָא הֲוָה פֶורְנָהּ עֶשְׂרִין דֵּינָרִין. וַהֲוָה תַמָּן חַד בַּיִת כְּרַב עֲשָׂרָה דֵינָרִין. אָתָא עוֹבְדָא קוֹמֵי רִבִּי חֲנִינָה. אָמַר. אוֹ יֵיבוֹן לָהּ בַּיְתָא אוֹ יֵבוֹן לָהּ עֶשְׂרִים דֵּינָרִין. אָמַר רִבִּי מָנָא. מִכֵּיוָן דְּלֵית בֵּיתָא טָב אֶלָּא עֶשְׂרִים כְּמָאן דְּלֵית לָהּ פֶורְנֵה אֶלָּא עֶשְׂרִים. מִיכָּן וָהֵילַךְ הִיא אוֹמֶרֶת קַרְקַע וְהֵן אוֹמְרִין מָעוֹת. הַדִּין עִם הַיְּתוֹמִים.
HALAKHAH: 262This text is difficult in several places. There exists a version quoted and explained by Rosh (R. Asher ben Ieḥiel) which in itself is not without problems, see Note 267. As the reader will easily verify, the Aramaic portions of the text have been adapted to Babylonian spelling. Therefore, the text cannot serve as witness to the details of the text:
רִבִּי זְעִירָא שָׁלַח שָׁאִיל לְרַב נַחְמָן בַּר יַעֲקֹב וּלְרַב אֲבִימֵי בַּר פָּפָּא. לֹא הָיָה שָׁם בַּיִת מַאי. אָֽמְרוּ לֵיהּ. הַיּוֹרְשִׁין שׂוֹכְרִין לָהּ בַּיִת. מִיכָּן וָאֵילַךְ הִיא אוֹמֶרֶת קַרְקַע וְהֵם אוֹמְרִים מָעוֹת. הַדִּין עִם הַיְּתוֹמִים. כְּהָדָא. חָדָא אִיתְּתָא הֲוָה פֶורנָהּ עֶשְׂרִין דֵּינָרִים. וַחֲוָה תַמָּן חַד בַּיִת טָב עֲשָׂרָה דֵינָרִין. אָתָא עוֹבְדָא קוֹמֵי רִבִּי חֲנִינָה. אָמַר. אוֹ יְהָבוֹן לָהּ בַּיְתָא אוֹ יְהָבוֹן לָהּ עֶשְׂרִים דֵּינָרִין. אָמַר לֵיהּ רִבִּי מָנָא. מִכֵּיוָן דְּלֵית בֵּיתָא אֶלָּא בָעֲשָׂרָה דֵּינָרִין כְּמָאן דְּלֵית לָהּ פֶורְנֵה אֶלָּא בָעֲשָׂרָה דֵּינָרִין. מִיכָּן וָהֵילַךְ הִיא אוֹמֶרֶת קַרְקַע וְהֵן אוֹמְרִין מָעוֹת. הַדִּין עִם הַיְּתוֹמִים.
Rebbi Ze‘ira sent to ask Rav Naḥman bar Jacob and (Rebbi)263This title is in error; it might be “Rav”. In the Babli, he has no title. Abime bar Pappai: What if there was no house? They said to him, the heirs rent a house for her. One concludes264This interpretation of מכאן ואילך as a technical term follows Qorban Nathanael (the standard commentary to Rosh),ad loc. that if she says real estate and they say money, the law sides with the heirs. As the following: A woman’s ketubah265Greek φερνή “nuptual gift” used as synonym with ketubah, representing both the sum the husband gave from his side and the dowry which has to be returned at the dissolution of the marriage. was twenty denars266Gold denars, at the usual rate of 25 silver zuzim for one gold denar a total of 500 zuz., and there was a house worth at most ten denars. The case came before Rebbi Ḥanina who said, either they give her the house or they give her twenty267In the version of the ms., supported by the quote in RAN (R. Nissim Gerondi, in his commentary on Alfasi, 20b in the Wilna ed.), R. Ḥanina tells the heirs either to give the widow (who probably is not their mother) the house to dwell in or to pay the ketubah in full, where R. Mana disagrees and holds, in accordance with the practice of the Babli, that the ketubah cannot be worth more than the real estate which guarantees it. In Rosh’s version, the entire discussion is only about the right of the widow to an apartment. denars. Rebbi Mana said, since the house is not worth more than 10 it is as if her ketubah was only 10268This sentence certainly is correct in Rosh and incorrect in the ms.. One concludes that if she says real estate and they say money, the law sides with the heirs.
The following is Rosh’s explanation (Chapter 4, #29): “This is the explanation: What are the rules if there was no house there appropriate as a dwelling for the widow and the orphans together? They said to him, the orphans rent a house for her and if she says, real estate, i. e., ‘I want to dwell in my husband’s house’, but they say money, ‘we rent you an apartment but we want to dwell [in the house]’, the law sides with the heirs since she has no property rights in the real estate, only an easement. Therefore, they can rent an apartment for her and they can dwell in that house. {And what we say that she has the right to continue living in her husband’s dwelling (Mishnah 12:3), that is if the house is large enough for all but they want to move her to a lesser apartment.} In the case of that woman, whose ketubah was 20 denars and the only apartment in the estate was a house worth 10 denars (Note of Qorban Nathanael: insufficient to pay the ketubah), R. Ḥanina ruled that either they give her the house or they pay her 20 denars. On that, R. Mana(I) said that she should not take the real estate but that they could give her 10 denars since she has no property rights in the real estate, only an easement. Therefore also in general, since she has no property rights to the apartment, only a claim to be given one, they can move her out of the apartment and rent a different one for her. Rebbi Ze‘ira asked Rav Naḥman bar Jacob and (Rebbi) Abime bar Pappai: What if there was no house? They said to him, the heirs rent a house for her. One concludes that if she says real estate and they say money, the law sides with the heirs. As the following: A woman’s ketubah was twenty denars, and there was a house worth at most ten denars. The case came before Rebbi Ḥanina who said, either they give her a house or they give her twenty denars. Rebbi Mana said, since the house is not worth more than 20 it is as if her ketubah was only twenty. One concludes that if she says real estate and they say money, the law sides with the heirs.
HALAKHAH: 262This text is difficult in several places. There exists a version quoted and explained by Rosh (R. Asher ben Ieḥiel) which in itself is not without problems, see Note 267. As the reader will easily verify, the Aramaic portions of the text have been adapted to Babylonian spelling. Therefore, the text cannot serve as witness to the details of the text:
רִבִּי זְעִירָא שָׁלַח שָׁאִיל לְרַב נַחְמָן בַּר יַעֲקֹב וּלְרַב אֲבִימֵי בַּר פָּפָּא. לֹא הָיָה שָׁם בַּיִת מַאי. אָֽמְרוּ לֵיהּ. הַיּוֹרְשִׁין שׂוֹכְרִין לָהּ בַּיִת. מִיכָּן וָאֵילַךְ הִיא אוֹמֶרֶת קַרְקַע וְהֵם אוֹמְרִים מָעוֹת. הַדִּין עִם הַיְּתוֹמִים. כְּהָדָא. חָדָא אִיתְּתָא הֲוָה פֶורנָהּ עֶשְׂרִין דֵּינָרִים. וַחֲוָה תַמָּן חַד בַּיִת טָב עֲשָׂרָה דֵינָרִין. אָתָא עוֹבְדָא קוֹמֵי רִבִּי חֲנִינָה. אָמַר. אוֹ יְהָבוֹן לָהּ בַּיְתָא אוֹ יְהָבוֹן לָהּ עֶשְׂרִים דֵּינָרִין. אָמַר לֵיהּ רִבִּי מָנָא. מִכֵּיוָן דְּלֵית בֵּיתָא אֶלָּא בָעֲשָׂרָה דֵּינָרִין כְּמָאן דְּלֵית לָהּ פֶורְנֵה אֶלָּא בָעֲשָׂרָה דֵּינָרִין. מִיכָּן וָהֵילַךְ הִיא אוֹמֶרֶת קַרְקַע וְהֵן אוֹמְרִין מָעוֹת. הַדִּין עִם הַיְּתוֹמִים.
Rebbi Ze‘ira sent to ask Rav Naḥman bar Jacob and (Rebbi)263This title is in error; it might be “Rav”. In the Babli, he has no title. Abime bar Pappai: What if there was no house? They said to him, the heirs rent a house for her. One concludes264This interpretation of מכאן ואילך as a technical term follows Qorban Nathanael (the standard commentary to Rosh),ad loc. that if she says real estate and they say money, the law sides with the heirs. As the following: A woman’s ketubah265Greek φερνή “nuptual gift” used as synonym with ketubah, representing both the sum the husband gave from his side and the dowry which has to be returned at the dissolution of the marriage. was twenty denars266Gold denars, at the usual rate of 25 silver zuzim for one gold denar a total of 500 zuz., and there was a house worth at most ten denars. The case came before Rebbi Ḥanina who said, either they give her the house or they give her twenty267In the version of the ms., supported by the quote in RAN (R. Nissim Gerondi, in his commentary on Alfasi, 20b in the Wilna ed.), R. Ḥanina tells the heirs either to give the widow (who probably is not their mother) the house to dwell in or to pay the ketubah in full, where R. Mana disagrees and holds, in accordance with the practice of the Babli, that the ketubah cannot be worth more than the real estate which guarantees it. In Rosh’s version, the entire discussion is only about the right of the widow to an apartment. denars. Rebbi Mana said, since the house is not worth more than 10 it is as if her ketubah was only 10268This sentence certainly is correct in Rosh and incorrect in the ms.. One concludes that if she says real estate and they say money, the law sides with the heirs.
The following is Rosh’s explanation (Chapter 4, #29): “This is the explanation: What are the rules if there was no house there appropriate as a dwelling for the widow and the orphans together? They said to him, the orphans rent a house for her and if she says, real estate, i. e., ‘I want to dwell in my husband’s house’, but they say money, ‘we rent you an apartment but we want to dwell [in the house]’, the law sides with the heirs since she has no property rights in the real estate, only an easement. Therefore, they can rent an apartment for her and they can dwell in that house. {And what we say that she has the right to continue living in her husband’s dwelling (Mishnah 12:3), that is if the house is large enough for all but they want to move her to a lesser apartment.} In the case of that woman, whose ketubah was 20 denars and the only apartment in the estate was a house worth 10 denars (Note of Qorban Nathanael: insufficient to pay the ketubah), R. Ḥanina ruled that either they give her the house or they pay her 20 denars. On that, R. Mana(I) said that she should not take the real estate but that they could give her 10 denars since she has no property rights in the real estate, only an easement. Therefore also in general, since she has no property rights to the apartment, only a claim to be given one, they can move her out of the apartment and rent a different one for her. Rebbi Ze‘ira asked Rav Naḥman bar Jacob and (Rebbi) Abime bar Pappai: What if there was no house? They said to him, the heirs rent a house for her. One concludes that if she says real estate and they say money, the law sides with the heirs. As the following: A woman’s ketubah was twenty denars, and there was a house worth at most ten denars. The case came before Rebbi Ḥanina who said, either they give her a house or they give her twenty denars. Rebbi Mana said, since the house is not worth more than 20 it is as if her ketubah was only twenty. One concludes that if she says real estate and they say money, the law sides with the heirs.