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4:6:1

משנה: הָאָב זַכַּאי בְּבִתּוֹ בְּקִידּוּשֶׁיהָ בַּכֶּסֶף בַּשְּׁטָר וּבַבִּיאָה וְזַכַּאי בִּמְצִיאָתָהּ וּבְמַעֲשֵׂה יָדֶיהָ וּבְהֵפֵר נְדָרֶיהָ וּמְקַבֵּל אֶת גִיטָּהּ וְאֵינוֹ אוֹכֵל פֵּירוֹת בְּחַיֶּיהָ. נִיסֵּית יָתֵר עָלָיו הַבַּעַל שֶׁאוֹכֵל פֵּירוֹת בְּחַיֶּיהָ וְחַיָיב בִּמְזוֹנוֹתֵיהָ בְּפִרְקוֹנָהּ וּבִקְבוּרָתָהּ. רִבִּי יְהוּדָה אוֹמֵר אֲפִילוּ עָנִי שֶׁבְּיִשְׂרָאֵל לֹא יִפְחוֹת לָהּ מִשְּׁנֵי חֲלִילִין וּמְקוֹנֶנֶת.

MISHNAH: The father has the benefit to give his daughter134As long as she is not an adult. in preliminary marriage by money135He can pocket the money., contract136He can make himself be paid for signing the marriage contract., or intercourse137Mishnah Qiddušin 1:1 states that a woman can be preliminarily married either by money (given by the groom to his bride or her father) or by a contract (by which the groom signs his intention to marry his bride) or by intercourse (which has to be performed in front of two witnesses to be legally valid); the latter way is frowned upon in practice.; he has the right to what she finds and to her earnings, to dissolve her vows138Cf. Nedarim Chapters 10–11., and to receive her bill of divorce139As long as she is not definitively married., but cannot eat usufruct in her lifetime140If her mother is dead and she inherits from her maternal grandfather, all yield from that property is hers and has to be kept in trust for her. But if she dies unmarried, the father inherits from her.. If she is definitively married, the husband in addition141In addition to what she finds and earns, and to dissolve her vows. eats usufruct in her lifetime142Of all property she brings into the marriage; cf. Chapter 8. but is required to pay for her upkeep, her ransom143If she is kidnapped., and her burial. Rebbi Jehudah says, even the poorest in Israel should not provide for her less than two flutes and one wailing woman.

MISHNAH: The father has the benefit to give his daughter134As long as she is not an adult. in preliminary marriage by money135He can pocket the money., contract136He can make himself be paid for signing the marriage contract., or intercourse137Mishnah Qiddušin 1:1 states that a woman can be preliminarily married either by money (given by the groom to his bride or her father) or by a contract (by which the groom signs his intention to marry his bride) or by intercourse (which has to be performed in front of two witnesses to be legally valid); the latter way is frowned upon in practice.; he has the right to what she finds and to her earnings, to dissolve her vows138Cf. Nedarim Chapters 10–11., and to receive her bill of divorce139As long as she is not definitively married., but cannot eat usufruct in her lifetime140If her mother is dead and she inherits from her maternal grandfather, all yield from that property is hers and has to be kept in trust for her. But if she dies unmarried, the father inherits from her.. If she is definitively married, the husband in addition141In addition to what she finds and earns, and to dissolve her vows. eats usufruct in her lifetime142Of all property she brings into the marriage; cf. Chapter 8. but is required to pay for her upkeep, her ransom143If she is kidnapped., and her burial. Rebbi Jehudah says, even the poorest in Israel should not provide for her less than two flutes and one wailing woman.

4:6:2

הלכה: הָאָב זַכַּאי בְּבִתּוֹ כול׳. נִיחָא בַּכֶּסֶף וּבַשְׁטָר הָאָב זַכַּאי. בַּבִּיאָה. תִּיפְתָּר שֶׁאָמַר לוֹ. לִכְשֶׁתִּקָּנֶה לִי בִּיתָּךְ בַּבִּיאָה יִהְיֶה לָךְ כֶּסֶף זֶה.

HALAKHAH: “The father has the benefit to give his daughter,” etc. One understands that the father has a benefit from money or contract. By intercourse? Explain it that [the groom] said to [the father]: When your daughter becomes mine by intercourse, this money shall be your property.

HALAKHAH: “The father has the benefit to give his daughter,” etc. One understands that the father has a benefit from money or contract. By intercourse? Explain it that [the groom] said to [the father]: When your daughter becomes mine by intercourse, this money shall be your property.

4:6:3

זַכַּאי בִּמְצִיאָתָהּ. רִבִּי זַכַּאי דְּאַלֶכְסַנְדְּרִיאָה מִישְׁאַל שְׁאַל. מְצִיאָה שֶׁנָּפְלָה לוֹ מַחְמַת שָׂדֶה מָה אַתְּ עְבַד לָהּ בִּמְצִיאָה אוֹ בְּאוֹכֶלֶת פֵּירוֹת שֶׁלָּהּ. אִין תַּעַבְדִינָהּ בְּאוֹכֶלֶת פֵּירוֹת שֶׁלָּהּ.

“He has the right to what she finds.” Rebbi Zakkai from Alexandria asked: How do you treat what she found on [her] field144A field which she inherited from her mother’s side and to whose yield the father has no claim., as a find or as her usufruct? If you treat it as usufruct it is hers.145While R. Zakkai’s question is not answered, the fact that only one interpretation is analyzed further seems to indicate that anything she finds on her field belongs to her..

“He has the right to what she finds.” Rebbi Zakkai from Alexandria asked: How do you treat what she found on [her] field144A field which she inherited from her mother’s side and to whose yield the father has no claim., as a find or as her usufruct? If you treat it as usufruct it is hers.145While R. Zakkai’s question is not answered, the fact that only one interpretation is analyzed further seems to indicate that anything she finds on her field belongs to her..

4:6:4

נִישֵּׂאת יוֹתֵר עָלָיו הַבַּעַל שֶׁאוֹכֵל פֵּירוֹת בְּחַיֶּיהָ. תְּקָנָה תִיקְּנוּ שֶׁיְּהֵא מְפַקֵּחַ עַל נִיכְסֵי אִשְׁתּוֹ וְאוֹכֵל. וָאוֹמֵר. אַף בְאָב כֵּן. בְּלֹא כָךְ הָאָב מְפַקֵּחַ עַל נִיכְסֵי בִתּוֹ וְאוֹכֵל. חַיָיב בִּמְזוֹנוֹתֵיהָ וּבְפִרְקוֹנָהּ. תַּנֵּי. הַבַּעַל שֶׁאָמַר. אֵי אֶיפְשִׁי לֹא לוֹכַל וְלֹא לְפַקֵּחַ. אֵין שׁוֹמְעִין לוֹ. הָאָב שֶׁאָמַר. אֲנִי אוֹכֵל וּמְפַקֵּחַ. שׁוֹמְעִין לוֹ.

“If she is definitively married, the husband in addition eats usufruct in her lifetime,” as a regulation they instituted that he should oversee his wife’s property and eat from it. Is it also thus for the father? Without incentives the father overseas the daughter’s property; should he eat? “He is required to pay for her upkeep and her ransom.146This is an unnecessary quote from the Mishnah; the text continues to refer to the wife’s property.” It was stated: If the husband said, it is impossible for me to eat and to oversee, one does not listen to him147Since this is a generally valid regulation, the court cannot relieve the husband from caring for his wife’s property. (But the husband can cede the administration of the property to his wife by a private contract as long as no court is involved.); but if the father said, I shall oversee if I can eat, one listens to him148The court may allow the father a reasonable fee for administering his underage daughter’s property if this is to her advantage..

“If she is definitively married, the husband in addition eats usufruct in her lifetime,” as a regulation they instituted that he should oversee his wife’s property and eat from it. Is it also thus for the father? Without incentives the father overseas the daughter’s property; should he eat? “He is required to pay for her upkeep and her ransom.146This is an unnecessary quote from the Mishnah; the text continues to refer to the wife’s property.” It was stated: If the husband said, it is impossible for me to eat and to oversee, one does not listen to him147Since this is a generally valid regulation, the court cannot relieve the husband from caring for his wife’s property. (But the husband can cede the administration of the property to his wife by a private contract as long as no court is involved.); but if the father said, I shall oversee if I can eat, one listens to him148The court may allow the father a reasonable fee for administering his underage daughter’s property if this is to her advantage..

4:6:5

וּבִקְבוּרָתָהּ. תַּנֵּי. לֹא רָצָה הַבַּעַל לְקוֹבְרָהּ הָאָב קוֹבְרָהּ וּמוֹצִיא מִמֶּנּוּ בַדִּין. אָמַר רִבִּי חַגַּיי. לֹא אָמְרוּ אֶלָּא הָאָב. הָא אַחֵר אֵינוֹ גוֹבֶה. רִבִּי יוֹסֵי אוֹמֵר. בֵּין אָב וּבֵין אַחֵר גּוֹבֶה. וַתְיָיאן אִילֵּין פְּלוּגָתָא. דְּתַנִּינָן תַּמָּן. וְחַיָיב בִּמְזוֹנוֹתֵיהָ וּבְפִרְקוֹנָהּ וּבִקְבוּרָתָהּ. אָמַר רִבִּי חַגַּיי. לֹא אָמְרוּ אֶלָּא אַחֵר הָא הָאָב גּוֹבֶה. רִבִּי יוֹסֵי אוֹמֵר. בֵּין אָב בֵּין אַחֵר אֵינוֹ גוֹבֶה. עַל דַּעְתֵּיהּ דְּרִבִּי חַגַּי בֵּין לִקְבוּרָה בֵין לִמְזוֹנֵי הָאָב גּוֹבֶה אַחֵר אֵינוֹ גוֹבֶה. עַל דַּעְתֵּיהּ דְּרִבִּי יוֹסֵי. לִקְבוּרָה בֵּין אָב בֵּין אַחֵר גּוֹבֶה. שֶׁלֹּא עָלַת עַל דַּעַת שֶׁתְּהֵא אִשְׁתּוֹ מוּשְׁלֶכֶת לַכְּלָבִים. תַּנֵי. כָּל מָקוֹם שֶׁנָּהֲגוּ לְהַסְפִּיד מַסְפִּידִין.

“And her burial.” It was stated: If the husband refused to bury her, the father buries her and recovers his expenses in court. Rebbi Ḥaggai said, they said only, the father. Therefore, a third party cannot recover. Rebbi Yose says, both the father and also a third party can recover. There is a parallel disagreement, as we have stated there: “He is required to pay for her upkeep, her ransom, and her burial.149The reference here really should be to Mishnah 13:2; the parallel to this paragraph, formulated in a slightly different way, is at the end of Halakhah 13:2. The essence of that Mishnah is that if the husband is absent without providing for his wife and a third party supports the wife without either having the wife sign a document that she recognizes the money for support as a loan, or being appointed her guardian by the court, he has no regress on the husband upon his return.” Rebbi Ḥaggai said, they said only, a third party. Therefore, the father can recover. Rebbi Yose says, neither the father nor a third party can recover. In the opinion of Rebbi Ḥaggai, both for burial and for upkeep the father can recover, a third party cannot recover. In the opinion of Rebbi Yose, for burial both the father and also a third party can recover because it is unthinkable that his wife should be thrown to the dogs150If the community buries her, they can recover the costs from the husband. The Babli, 47a, refers this to the husband: If somebody tells his heirs not to bury him, the community buries him and recovers the cost from the estate since one will not allow a man to have himself buried with taxpayers’ money in order to increase his estate.. It was stated151Tosephta 4:2, Śemaḥot 14:7. The fee of the preacher who eulogizes the deceased can be recovered from the husband.: At a place where it is customary to eulogize, one eulogizes.

“And her burial.” It was stated: If the husband refused to bury her, the father buries her and recovers his expenses in court. Rebbi Ḥaggai said, they said only, the father. Therefore, a third party cannot recover. Rebbi Yose says, both the father and also a third party can recover. There is a parallel disagreement, as we have stated there: “He is required to pay for her upkeep, her ransom, and her burial.149The reference here really should be to Mishnah 13:2; the parallel to this paragraph, formulated in a slightly different way, is at the end of Halakhah 13:2. The essence of that Mishnah is that if the husband is absent without providing for his wife and a third party supports the wife without either having the wife sign a document that she recognizes the money for support as a loan, or being appointed her guardian by the court, he has no regress on the husband upon his return.” Rebbi Ḥaggai said, they said only, a third party. Therefore, the father can recover. Rebbi Yose says, neither the father nor a third party can recover. In the opinion of Rebbi Ḥaggai, both for burial and for upkeep the father can recover, a third party cannot recover. In the opinion of Rebbi Yose, for burial both the father and also a third party can recover because it is unthinkable that his wife should be thrown to the dogs150If the community buries her, they can recover the costs from the husband. The Babli, 47a, refers this to the husband: If somebody tells his heirs not to bury him, the community buries him and recovers the cost from the estate since one will not allow a man to have himself buried with taxpayers’ money in order to increase his estate.. It was stated151Tosephta 4:2, Śemaḥot 14:7. The fee of the preacher who eulogizes the deceased can be recovered from the husband.: At a place where it is customary to eulogize, one eulogizes.

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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