Talmud Yerushalmi
Yerushalmi Ketubot 4:7 ירושלמי כתובות ד׳:ז׳
Part of: Chapter 4
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משנה: לְעוֹלָם הִיא בִּרְשׁוּת הָאָב עַד שֶׁתִּיכָּנֵס לִרְשׁוּת הַבַּעַל לַנִּישּׂוּאִין. מָסַר הָאָב לִשְׁלוּחֵי הַבַּעַל הֲרֵי הִיא בִרְשׁוּת הַבַּעַל. הָלַךְ הָאָב עִם שְׁלוּחֵי הַבַּעַל אוֹ שֶׁהָלְכוּ שְׁלוּחֵי הָאָב עִם שְׁלוּחֵי הַבַּעַל הֲרֵי הִיא בִרְשׁוּת הָאָב. מָסְרוּ שְׁלוּחֵי הָאָב לִשְׁלוּחֵי הַבַּעַל הֲרֵי הִיא בִרְשׁוּת הַבַּעַל.
MISHNAH: She always remains in the father’s power152For all the rights and duties enumerated in the preceding Mishnah. until she enters the husband’s power for definitive marriage. If the father entrusted her to the husband’s emissaries she is in the husband’s power. If the father went with the husband’s emissaries, or the father’s emissaries went with the husband’s emissaries, she is in the father’s power. If the father’s emissaries entrusted her to the husband’s emissaries153Even though they will accompany the bride to the place of the nuptials and participate in them., she is in the husband’s power.
MISHNAH: She always remains in the father’s power152For all the rights and duties enumerated in the preceding Mishnah. until she enters the husband’s power for definitive marriage. If the father entrusted her to the husband’s emissaries she is in the husband’s power. If the father went with the husband’s emissaries, or the father’s emissaries went with the husband’s emissaries, she is in the father’s power. If the father’s emissaries entrusted her to the husband’s emissaries153Even though they will accompany the bride to the place of the nuptials and participate in them., she is in the husband’s power.
הלכה: לְעוֹלָם הִיא בִּרְשׁוּת הָאָב כול׳. לֹא סוֹף דָּבָר לַחוּפָּה אֶלָּא לַבַּיִת שֶׁיֵּשׁ לוֹ חוּפָּה. בָּעֵי דָא אָמְנוּתָא טְרִקִילִין וְקָיְטוֹן חוּפָּה וְקָיְטוֹן נִכְנְסָה לִטְרִיקְלִין. לְהָדָא מִילָּא. רִבִּי לָעְזָר אָמַר. לְיוֹרְשָׁהּ. רִבִּי שִׁמְעוֹן בֶן לָקִישׁ אָמַר. לְהָפֵר נְדָרֶיהָ. אָמַר רִבִּי זְעִירָא. אַף עַל גַּב דְּרִבִּי שִׁמְעוֹן בֶן לָקִישׁ אָמַר. לְהָפֵר נְדָרֶיהָ. מוֹדֶה שֶׁאֵינוֹ מֵיפֵר לָהּ עַד שֶׁתִּיכָּנֵס לַחוּפָּה. אָמַר רִבִּי הוּנָא. מַתְנִיתָא מְסַיְיעָא לְרִבִּי שִׁמְעוֹן בֶן לָקִישׁ. לִזְנוֹת בֵּית אָבַיהָ. פְּרָט שֶׁמָּסְרוּ שְׁלוּחֵי הָאָב לִשְׁלוּחֵי הַבַּעַל שֶׁלֹּא תְהֵא בִסְקִילָה אֶלָּא בְחֶנֶק.
HALAKHAH: “She always remains in the father’s power,” etc. Not only to the bridal chamber154It seems that the original Yerushalmi Mishnah did not read “until she enters the husband’s power for definitive marriage” but “until she enters the bridal chamber” with most Mishnah mss. and the Munich ms. of the Babli. S. Lieberman emphasizes on several occasions that it seems that the scribe of the Leiden ms. obtained the Mishnah text not from the Yerushalmi text he was copying but from a separate Mishnah ms. but to a house where the bridal chamber is. In which way? A banquet hall155Greek τρικλίνιον, cf. Berakhot3:5, Note 229. and a bedroom156Greek κοιτών., the bridal chamber being the bedroom, and she entered the banquest hall. In which respect? Rebbi Eleazar said, to inherit from her157In the Babli, 48b, this is Samuel’s opinion, that after the signing of the ketubah document, the husband’s rights and obligations are activated not by the formal “seven benedictions” of the definitive marriage but by the bride entering the husband’s power.. Rebbi Simeon ben Laqish said, to dissolve her vows158In the Babli, 48b, he is reported to hold that after this moment, if she is divorced or widowed before entering the bridal chamber, she legally becomes a divorcee or widow after definitive marriage. This parallels R. Ze‘ira’s interpretation here, that the husband acquires all rights even if he cannot exercise them yet.. Rebbi Ze‘ira said, even though Rebbi Simeon ben Laqish said, to dissolve her vows, he agrees that he does not actually dissolve them until she enters the bridal chamber. Rebbi Huna said, a baraita159A similar baraita is quoted in the Babli, 49a. supports Rebbi Simeon ben Laqish: “To whore in her father’s house,” that excludes the case that the father’s emissaries entrusted her to the husband’s emissaries, after which she160If now she should commit adultery before two witnesses after being duly warned that it would be a capital crime, she is treated as a definitively married woman, not as a preliminarily married adolescent. should not be stoned but strangled.
HALAKHAH: “She always remains in the father’s power,” etc. Not only to the bridal chamber154It seems that the original Yerushalmi Mishnah did not read “until she enters the husband’s power for definitive marriage” but “until she enters the bridal chamber” with most Mishnah mss. and the Munich ms. of the Babli. S. Lieberman emphasizes on several occasions that it seems that the scribe of the Leiden ms. obtained the Mishnah text not from the Yerushalmi text he was copying but from a separate Mishnah ms. but to a house where the bridal chamber is. In which way? A banquet hall155Greek τρικλίνιον, cf. Berakhot3:5, Note 229. and a bedroom156Greek κοιτών., the bridal chamber being the bedroom, and she entered the banquest hall. In which respect? Rebbi Eleazar said, to inherit from her157In the Babli, 48b, this is Samuel’s opinion, that after the signing of the ketubah document, the husband’s rights and obligations are activated not by the formal “seven benedictions” of the definitive marriage but by the bride entering the husband’s power.. Rebbi Simeon ben Laqish said, to dissolve her vows158In the Babli, 48b, he is reported to hold that after this moment, if she is divorced or widowed before entering the bridal chamber, she legally becomes a divorcee or widow after definitive marriage. This parallels R. Ze‘ira’s interpretation here, that the husband acquires all rights even if he cannot exercise them yet.. Rebbi Ze‘ira said, even though Rebbi Simeon ben Laqish said, to dissolve her vows, he agrees that he does not actually dissolve them until she enters the bridal chamber. Rebbi Huna said, a baraita159A similar baraita is quoted in the Babli, 49a. supports Rebbi Simeon ben Laqish: “To whore in her father’s house,” that excludes the case that the father’s emissaries entrusted her to the husband’s emissaries, after which she160If now she should commit adultery before two witnesses after being duly warned that it would be a capital crime, she is treated as a definitively married woman, not as a preliminarily married adolescent. should not be stoned but strangled.