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4:14:1

משנה: כָּךְ הָיוּ אַנְשֵׁי יְרוּשָׁלֵם כּוֹתְבִין. אַנְשֵׁי הַגָּלִיל הָיוּ כוֹתְבִין כְּאַנְשֵׁי יְרוּשָׁלֵם. אַנְשֵׁי יְהוּדָה הָיוּ כוֹתְבִין עַד שֶׁיִּרְצוּ הַיּוֹרְשִׁין לִיתֵּן לָהּ כְּתוּבָּה לְפִיכָךְ אִם רָצוּ הַיּוֹרְשִׁין נוֹתְנִין לָהּ כְּתוּבָּתָהּ וּפוֹטְרִין אוֹתָהּ.

MISHNAH: This269The stipulation of Mishnah 14. is what the people of Jerusalem wrote. The people of Galilee wrote like the people of Jerusalem. The people of Judea wrote: “Until the heirs will want to pay her the ketubah.” Therefore, if the heirs wish they can pay her the ketubah and send her away270Whereas in Jerusalem it was the widow’s choice whether to claim housing and support or payment of the ketubah..

MISHNAH: This269The stipulation of Mishnah 14. is what the people of Jerusalem wrote. The people of Galilee wrote like the people of Jerusalem. The people of Judea wrote: “Until the heirs will want to pay her the ketubah.” Therefore, if the heirs wish they can pay her the ketubah and send her away270Whereas in Jerusalem it was the widow’s choice whether to claim housing and support or payment of the ketubah..

4:14:2

הלכה: כָּךְ הָיוּ אַנְשֵׁי יְרוּשָׁלֵם כּוֹתְבִין כול׳. אַנְשֵׁי הַגָּלִיל חָסוּ עַל כְּבוֹדָן וְלֹא חָסוּ עַל מָמוֹנָן. אַנְשֵׁי יְהוּדָה חָסוּ עַל מָמוֹנָן וְלֹא חָסוּ עַל כְּבוֹדָן. רִבִּי חֲנַנְיָה בְּרֵיהּ דְּרִבִּי אַבָּהוּ. וְאִית דְּאָמְרֵי לָהּ בְּשֵׁם רִבִּי אַבָּהוּ. קַיסָרִין כִּיהוּדָה וּשְׁאָר כָּל הָאֲרָצוֹת כִּירוּשָׁלֵם.

HALAKHAH: “This is what the people of Jerusalem wrote,” etc. The people of Galilee cared for their honor more than for their money271Since the widow can claim her ketubah unless she was supported by the estate for 25 years (Mishnah 12:4), it is clear that the heirs save money by immediately paying the ketubah in full. But certainly it is not honorable to evict the widow from her husband’s home.; the people of Judea cared for their money more than for their honor. Rebbi Ḥananiah the son of Rebbi Abbahu, and some say it in the name of Rebbi Abbahu: Caesarea272Caesarea Philippi, cf. Berakhot2:1, Note 40. follows Judea and all other countries Jerusalem273The stipulation of Mishnah 14 is enforced everywhere except in R. Abbahu’s town..

HALAKHAH: “This is what the people of Jerusalem wrote,” etc. The people of Galilee cared for their honor more than for their money271Since the widow can claim her ketubah unless she was supported by the estate for 25 years (Mishnah 12:4), it is clear that the heirs save money by immediately paying the ketubah in full. But certainly it is not honorable to evict the widow from her husband’s home.; the people of Judea cared for their money more than for their honor. Rebbi Ḥananiah the son of Rebbi Abbahu, and some say it in the name of Rebbi Abbahu: Caesarea272Caesarea Philippi, cf. Berakhot2:1, Note 40. follows Judea and all other countries Jerusalem273The stipulation of Mishnah 14 is enforced everywhere except in R. Abbahu’s town..

4:14:3

חַד בַּר נַשׁ מִי דְמַךְ אֲמַר. יֵיבוֹן לְאִיתְּתָא דְּהַהוּא גַבְרָא פֶרְנֵא. אֲתָא עוֹבְדָא קוֹמֵי רִבִּי מָנָא אָמַר. יִתְקַיְימוּן דִּבְרֵי הַמֵּת. אָמַר לֵיהּ רִבִּי חֲנִינָה. וְיֵשׁ אָדָם מְבַטֵּל תְּנַאי כְתוּבָּה בַּפֶּה. אָמַר לֵיהּ. אַנְתְּ אָמְרָת אַתְּ מְנָא לָךְ. אָמַר לֵיהּ. וְלֹא בַגָּלִיל אֲנָן קַיָימִין. וְסַבְרִנָן מֵימַר. אַנְשֵׁי הַגָּלִיל חָסוּ עַל כְּבוֹדָן לֹא עַל מָמוֹנָן.

A man said when he was dying: “This man’s wife should be paid her ketubah.275He told his heirs to immediately pay the ketubah and not provide dwelling and sustenance for his widow.” The case came before Rebbi Mana, who said, let the words of the deceased be confirmed276It is a general principle that legal death-bed dispositions must be followed.. Rebbi Ḥanina said to him: Can a person do away verbally with a ketubah stipulation277Since the ketubah stipulations are part of the marriage contract, they cannot be abrogated except by mutual consent, by a rider attached to the ketubah contract. There can be no unilateral abrogation of contractual obligations.? He answered, since you are saying that, what is your reason? He said to him, are we not living in Galilee? And we are taught to say that the people of Galilee prefer their honor over their money278Since the wife at the time of marriage could expect that all ketubah stipulations were part of the contract; the dying husband’s wish was illegal and could not be enforced..

A man said when he was dying: “This man’s wife should be paid her ketubah.275He told his heirs to immediately pay the ketubah and not provide dwelling and sustenance for his widow.” The case came before Rebbi Mana, who said, let the words of the deceased be confirmed276It is a general principle that legal death-bed dispositions must be followed.. Rebbi Ḥanina said to him: Can a person do away verbally with a ketubah stipulation277Since the ketubah stipulations are part of the marriage contract, they cannot be abrogated except by mutual consent, by a rider attached to the ketubah contract. There can be no unilateral abrogation of contractual obligations.? He answered, since you are saying that, what is your reason? He said to him, are we not living in Galilee? And we are taught to say that the people of Galilee prefer their honor over their money278Since the wife at the time of marriage could expect that all ketubah stipulations were part of the contract; the dying husband’s wish was illegal and could not be enforced..

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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