Yerushalmi Ketubot 4:2 ירושלמי כתובות ד׳:ב׳

MISHNAH: If she did appear in court before she became an adult, [the payments] belong to her father, after the father’s death, they belong to the brothers. If she did not appear in court before she became an adult, they belong to herself. Rebbi Simeon says, if she did not collect before the father died, they belong to herself²⁹R. Simeon holds that the father’s rights start only with the delivery of the money as explained in the Halakhah (and the Babli, 42b). The anonymous majority hold that the payment ordered by the court can be enforced by foreclosure and therefore is ready money and part of the estate.. Her earnings and what she finds, even if she had not collected [by the time] the father died, belong to the brothers³⁰The earnings of an underage daughter belong to the father since even the money given for a preliminary marriage of an underage daughter is pocketed by her father (Mishnah 4:6). After the death of the father only uncollected earlier earnings go to the estate, not her later earnings. The situation is slightly paradoxical since the brothers are obligated to support their unmarried sister but the father has only a religious, not a legal duty to support his daughters (Halakhah 4:8)..

HALAKHAH: “If she did appear in court before she became an adult,” etc. Rebbi Simeon ben Ioḥai stated: “The man who had lain with her shall give 50 silver pieces to the girl’s father;” this teaches that the father acquires only by handing over³¹In the Babli, 42b, this is an Amoraic interpretation of R. Simeon’s position.. Rebbi Simeon says, the matter depends on the collection, but the rabbis say, the matter depends on the court procedure. Rebbi Simeon treats it as court decrees³²Money receivable because of a judicial decision is not counted as property to be part of the estate since in many cases the collection of such a judgment depends on the claimant swearing that his claim was not otherwise satisfied and the heirs cannot swear for their deceased father. but the rabbis treat it as a loan³³Outstanding documented loans are property and part of the estate since the debtor would have to prove his case if he claims that the loan had been repaid.. In the opinion of Rebbi Simeon, he forecloses from the best land; in the opinion of the rabbis he forecloses from average land³⁴If the debtor is unable to pay cash and the creditor comes to foreclose real estate, Mishnah Giṭṭin 5:1 states that debts for torts are foreclosed from the most valuable real estate, loans from average, and a ketubah from the least valuable (R. Meïr says, from average.) The value is determined by the going rate for a unit of surface area.. In the opinion of Rebbi Simeon, the Sabbatical year does not cancel the debt; in the opinion of the rabbis the Sabbatical year cancels the debt³⁵Only private debts are cancelled by the Sabbatical year, not those created by court order nor those handed over to a court for collection; Mishnah Ševi‘it 10:2. The details of the laws of the Sabbatical relating to this case are explained in Ševi‘it 10:2, Note 69.. In the opinion of Rebbi Simeon the firstborn takes a double portion; in the opinion of the rabbis the firstborn does not take a double portion³⁶The law of inheritance of the firstborn (Deut. 21:17) states that the father has to give him a double portion (or ²/₃, assuming there are only two sons) “of everything that is found with him”, meaning everything in actual possession at the time of death. Money due for an executable court order is money in possession; money due for an outstanding loan is not money in possession since it is subject to the uncertainties of a court proceeding if foreclosure is needed and the position of the firstborn is not privileged in regard to future income..

³⁷A slightly different version of the entire paragraph is in the Babli, 43b, where R. Ze‘ira points out that the brothers have to support their sisters but do not receive their incomes. Rebbi Ze‘ira sent to Rav Naḥman bar Jacob and Rebbi Immi bar Pappai³⁸In the Babli Rav Abime bar Pappai; cf. Note 262.: Who owns the earnings of the daughter? They said to him, the diligent said, herself. Who is the diligent? Samuel! Rebbi Mattanah said, it was said in the name of Rebbi³⁹In the Babli: Rav. as explanation of a verse: “You shall give them as inheritance to your sons to inherit property,” those to your sons and not your daughters to your sons; the verse speaks about the earnings of the daughter¹⁶In Babylonian sources, this is a tannaitic statement: Ketubot 43a, Qiddušin 16b; Sifra Behar Parašah6(5). The verse, Lev. 25:46, speaks of Gentile slaves. The main import of the verse is that slaves can be bought or inherited following the rules of real estate. As a side remark, it is stated that income due because of daughters does not become part of the estate.. Rebbi Yudan said, the Mishnah says so: “Her earnings and what she finds, even if she had not collected when the father died, belong to the brothers.” Anything she earned during her father’s lifetime. But what she earned after her father’s death according to everybody is hers⁴⁰If the heirs retained the right to the earnings of the underage daughters, the Mishnah would not have to emphasize that they retain the right to income earned but not collected. The same argument in the Babli, 43a..