Talmud Yerushalmi
Yerushalmi Ketubot 5:6 ירושלמי כתובות ה׳:ו׳
Part of: Chapter 5
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משנה: אֵילּוּ מְלָאכוֹת שֶׁהָאִשָּׁה עוֹשָׂה לְבַעֲלָהּ טוֹחֶנֶת וְאוֹפָה וּמְכַבֶּסֶת מְבַשֶּׁלֶת וּמֵינִיקָה אֶת בְּנָהּ וּמַצַּעַת הַמִּיטָּה וְעוֹשָׂה בַצֶּמֶר. הִכְנִיסָה לוֹ שִׁפְחָה אַחַת לֹא טוֹחֶנֶת וְלֹא אוֹפָה וְלֹא מְכַבֶּסֶת. שְׁתַּיִם אֵינָהּ מֵינִיקָה אֶת בְּנָהּ. שָׁלֹשׁ אֵינָהּ מַצַּעַת אֶת הַמִּיטָּה וְאֵינָהּ עוֹשָׂה בַצֶּמֶר. אַרְבָּעָה יוֹשֶׁבֶת בַּקַּתֵּידְרָא. רִבִּי אֱלִיעֶזֶר אוֹמֵר אֲפִילוּ הִכְנִיסָה לוֹ מֵאָה שְׁפָחוֹת כּוֹפָהּ לַעֲשׂוֹת בַּצֶּמֶר שֶׁהַבַּטָּלָה מֵבִיאָה לִידֵי זִימָּה. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר. אַף הַמַּדִּיר אֶת אִשְׁתּוֹ מִלַּעֲשׂוֹת מְלָאכָה יוֹצִיא וְיִתֵּן כְּתוּבָּה שֶׁהַבַּטָּלָה מְבִיאָה לִידֵי שִׁעֲמוּם.
MISHNAH: These are the kinds of work a woman does for her husband: She grinds flour, bakes, launders, nurses her baby, makes his bed, and spins wool131The amount is determined in Mishnah 13.. If she brought a slave girl with her132As her dowry., she does not have to grind flour, bake, and launder. Two, she does not have to nurse her baby. Three, she does not have to make his bed or spin wool. Four, she sits in a chair133Greek καθέδρα “chair”. “Sitting in a καθέδρα” means “sitting idle”.. Rebbi Eliezer says, even if she brought him a hundred slave girls, he forces her to spin wool because indolence causes immorality.
Rabban Simeon ben Gamliel says, also a man who by a vow forbids his wife to work must divorce her and pay her ketubah164Since the divorce is his fault. since idleness induces mental illness.
MISHNAH: These are the kinds of work a woman does for her husband: She grinds flour, bakes, launders, nurses her baby, makes his bed, and spins wool131The amount is determined in Mishnah 13.. If she brought a slave girl with her132As her dowry., she does not have to grind flour, bake, and launder. Two, she does not have to nurse her baby. Three, she does not have to make his bed or spin wool. Four, she sits in a chair133Greek καθέδρα “chair”. “Sitting in a καθέδρα” means “sitting idle”.. Rebbi Eliezer says, even if she brought him a hundred slave girls, he forces her to spin wool because indolence causes immorality.
Rabban Simeon ben Gamliel says, also a man who by a vow forbids his wife to work must divorce her and pay her ketubah164Since the divorce is his fault. since idleness induces mental illness.
הלכה: אֵילּוּ מְלָאכוֹת שֶׁהָאִשָּׁה עוֹשָׂה לְבַעֲלָהּ כול׳. תַּנֵּי. שִׁבְעָה גוּפֵי מְלָאכוֹת מָנוּ וְהַשְּׁאָר לֹא צָרְכוּ חֲכָמִים לִמְנוֹתָן.
HALAKHAH: “These are the kinds of work a woman does for her husband,” etc. It was stated134Tosephta 5:4.: Seven main labors did they enumerate; the rest the Sages did not need to specify135The Babli (61a) notes that the additional services, such as mixing the wine, a wife does even if otherwise she is “sitting in a chair”..
HALAKHAH: “These are the kinds of work a woman does for her husband,” etc. It was stated134Tosephta 5:4.: Seven main labors did they enumerate; the rest the Sages did not need to specify135The Babli (61a) notes that the additional services, such as mixing the wine, a wife does even if otherwise she is “sitting in a chair”..
מֵנִיקָה אֶת בְּנָהּ. אָמַר רִבִּי חַגַּיי. לֹא אָמַר אֶלָּא בְנָהּ. הָא תְאוֹמִים לֹא. וְלָמָּה אָמַר. בְּנָהּ. שֶׁלֹּא תֵנִיק בֶּן חֲבֵירָתָהּ. כְּהָדֵין דְּתַנֵּי. אֵין הָאִישׁ כּוֹפֵף אֶת אִשְׁתּוֹ שֶׁתֵּנִיק בְּנוֹ שֶׁלַּחֲבֵירוֹ וְלֹא הָאִשָּׁה כוֹפָה אֶת בַּעֲלָהּ שֶׁתֵּנִיק בֶּן חֲבֵירָתָהּ. נָדְרָה שֶׁלֹּא לְהָנִיק אֶת בְּנָהּ. בֵּית שַׁמַּי אוֹמְרִים. שׁוֹמְטִין אֶת הַדַּד מִתּוֹךְ פִּיו. וּבֵית הִלֵּל אוֹמְרִים. כּוֹפִין אוֹתָהּ. נִתְגָּרְשָׁה אֵין כּוֹפִין אוֹתָהּ. בַּמֶּה דְבָרִים אֲמוּרִים. בִּזְמַן שֶׁאֵינוֹ מַכִּירָהּ. אֲבָל אִם הָיָה מַכִּירִין אוֹתָהּ כּוֹפִין אוֹתָהּ וְנוֹתְנִין לָהּ שְׂכָרָהּ שֶׁתֵּנִיק אֶת בְּנָהּ. כַּמָּה יְהֵא לוֹ וִיהֵא מַכִּירָהּ. רִבִּי יִרְמְיָה בְשֵׁם רַב. שְׁלֹשָׁה חֳדָשִׁים. וַהֲוָה רִבִּי זְעִירָא מִסְתַּכֵּל בֵּיהּ. אָמַר לֵיהּ. מָה אַתְּ מִּסְתַּכֵּל בִּי. נֵימַר לָךְ מִן הַהִיא דִשְׁמוּאֵל. דְּאָמַר שְׁמוּאֵל. שְׁלֹשָׁה יָמִים. שְׁמוּאֵל כְדַעְתֵּיהּ. שְׁמוּאֵל אָמַר. חֲכִים אֲנָא לְחַיָיתָא דְיַלְּדִין לִי. רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי אָמַר. חֲכִים אֲנָא לִגְזוֹרָה דְגָזְרִין לִי. רִבִּי יוֹחָנָן אָמַר. חֲכִים אֲנָא לְנַשְׁיָיא דְצָבְתִין עִם אִימָּא.
“She nurses her baby.” Rebbi Ḥaggai said, is says only “her baby,” therefore not twins136The singular implies that the husband has to hire a wet-nurse for the second child. Aliassi (§274) quotes this rule in the name of R. Ḥanina.. Why does it say “her baby”? As it was stated137Tosephta 5:5, in a different order; a partial quote in the Babli, 59b.: “A man cannot force his wife to nurse another man’s child, nor can a woman force her husband to let her nurse another woman’s child138To earn money.. If she made a vow not to nurse her baby, the House of Shammai say that one removes the breast nipple from his mouth139The reason of the House of Shammai is not stated. The Babli, 59b, conjectures that the vow is one “between her and him” and, therefore, it would be in the husband’s power to annul the vow (cf. Nedarim Chapter 10). If he does not annul his wife’s vow, he has to pay the wet-nurse., but the House of Hillel say, one forces her140They always hold that nobody can get rid of his obligations by a vow. The vow does not have to be annulled.. If she was divorced141The obligation to nurse her baby ends with the divorce., one cannot force her if [the baby] is not used to her, but if he is used to her one forces her142In Tosephta Niddah 2:5, the formulation is: If the baby recognizes his mother one may not give him to a wet-nurse since that would be a danger to his life. and pays her wages to nurse her baby.” How old is the baby if he can be presumed to know her? Rebbi Jeremiah143In the Babli, this is attributed to Rav Jeremiah bar Abba, of Rav’s Academy. Probably something is missing from the text since R. Jeremiah cannot really have addressed his teacher R. Ze‘ira as “you”. in the name of Rav: Three months. But Rebbi Ze‘ira was staring at him144“Staring at somebody” is always a sign of disapproval.. He asked him, why are you staring at me? Should I say to you following Samuel, since Samuel said, three days145In the Babli, 60a, Samuel is quoted as refusing to set a time limit but to put the mother in a line-up with other women and see whether the baby recognizes her.? Samuel follows his opinion, since Samuel said, I recognized146As a newborn. the midwives who delivered me. Rebbi Joshua ben Levi said, I recognized the circumciser who circumcised me. Rebbi Joḥanan said, I recognized the women who kept my mother company.
“She nurses her baby.” Rebbi Ḥaggai said, is says only “her baby,” therefore not twins136The singular implies that the husband has to hire a wet-nurse for the second child. Aliassi (§274) quotes this rule in the name of R. Ḥanina.. Why does it say “her baby”? As it was stated137Tosephta 5:5, in a different order; a partial quote in the Babli, 59b.: “A man cannot force his wife to nurse another man’s child, nor can a woman force her husband to let her nurse another woman’s child138To earn money.. If she made a vow not to nurse her baby, the House of Shammai say that one removes the breast nipple from his mouth139The reason of the House of Shammai is not stated. The Babli, 59b, conjectures that the vow is one “between her and him” and, therefore, it would be in the husband’s power to annul the vow (cf. Nedarim Chapter 10). If he does not annul his wife’s vow, he has to pay the wet-nurse., but the House of Hillel say, one forces her140They always hold that nobody can get rid of his obligations by a vow. The vow does not have to be annulled.. If she was divorced141The obligation to nurse her baby ends with the divorce., one cannot force her if [the baby] is not used to her, but if he is used to her one forces her142In Tosephta Niddah 2:5, the formulation is: If the baby recognizes his mother one may not give him to a wet-nurse since that would be a danger to his life. and pays her wages to nurse her baby.” How old is the baby if he can be presumed to know her? Rebbi Jeremiah143In the Babli, this is attributed to Rav Jeremiah bar Abba, of Rav’s Academy. Probably something is missing from the text since R. Jeremiah cannot really have addressed his teacher R. Ze‘ira as “you”. in the name of Rav: Three months. But Rebbi Ze‘ira was staring at him144“Staring at somebody” is always a sign of disapproval.. He asked him, why are you staring at me? Should I say to you following Samuel, since Samuel said, three days145In the Babli, 60a, Samuel is quoted as refusing to set a time limit but to put the mother in a line-up with other women and see whether the baby recognizes her.? Samuel follows his opinion, since Samuel said, I recognized146As a newborn. the midwives who delivered me. Rebbi Joshua ben Levi said, I recognized the circumciser who circumcised me. Rebbi Joḥanan said, I recognized the women who kept my mother company.
תַּנֵּי. יוֹנֵק הַתִּינּוֹק וְהוֹלֵךְ עַד עֶשְׂרִים וְאַרְבָּעָה חֳדָשׁים. מִיכָּן וָהֵילַךְ כְּיוֹנֵק שֶׁקֶץ. דִּבְרֵי רִבִּי אֱלִיעֶזֶר. וְרִבִּי יְהוֹשֻׁעַ אוֹמֵר. יוֹנֵק וְהוֹלֵךְ אֲפִילוּ אַרְבַּע וְחָמֵשׁ שָׁנִים. פֵּירַשׁ אֵין מַחֲזִירִין אוֹתוֹ. עַד אֵיכָן. רִבִּי יַעֲקֹב בַּר אָחָא רִבִּי יִרְמְיָה בְשֵׁם רַב. מֵעֵת לָעֵת. רִבִּי חִזְקִיָּה רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יְהוֹשֻׁעַ בֶּן לֵוִי. שְׁלֹשָׁה יָמִים מֵעֵת לָעֵת. תַּנֵּי מֵעֵת לָעֵת. רִבִּי חִזְקִיָּה רַב. בַּמֶּה דְבָרִים אֲמוּרִים. בִּזְמָן שֶׁפֵּירַשׁ מִתּוֹךְ בּוּרְיוֹ. אֲבָל אִם פֵּירַשׁ מִתּוֹךְ חוֹלְייוֹ מַחֲזִירִין אוֹתוֹ מִיַּד. בְּשֶׁאֵינוֹ שֶׁלַּסַּכָּנָה. אֲבָל אִם הָיָה שֶׁלַּסַּכָּנָה אֲפִילוּ לְאַחַר כַּמָּה יָמִים מַחֲזִירִין אוֹתוֹ.
It was stated147Tosephta Niddah 2:3, Babli 60a. In both these texts, one reads: If he stopped after24months, one does not return him. A parallel text in Yerushalmi Niddah 1:5, with a different tradition of names.: A baby suckles continuously until 24 months; after that he is as if an unclean creature would suckle, the words of Rebbi Eliezer. But Rebbi Joshua says, he suckles continuously even four or five years. If he stopped, one does not return him. How long? Rebbi Jacob bar Aḥa, Rebbi Jeremiah148This reading is impossible since R. Jacob bar Aḥa is one generation before R. Jeremiah. One must read “Rav Jeremiah”, the colleague and student of Rav. in the name of Rav: From hour to hour149From a certain hour one day to the same hour the next day, i. e., 24 hours.. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joshua ben Levi: Three days from hour to hour150In the Babli, 60a, this is attributed to the school of Samuel.. It was stated: From hour to hour. Rebbi Hizqiyah, Rav: When has this been said? If he stopped while being healthy. But if he stopped because of sickness, one does return him. When there was no danger. But if it was because of danger, one returns him even after a number of days151This argument is not mentioned in the Babli which, therefore, can be
assumed to agree..
It was stated147Tosephta Niddah 2:3, Babli 60a. In both these texts, one reads: If he stopped after24months, one does not return him. A parallel text in Yerushalmi Niddah 1:5, with a different tradition of names.: A baby suckles continuously until 24 months; after that he is as if an unclean creature would suckle, the words of Rebbi Eliezer. But Rebbi Joshua says, he suckles continuously even four or five years. If he stopped, one does not return him. How long? Rebbi Jacob bar Aḥa, Rebbi Jeremiah148This reading is impossible since R. Jacob bar Aḥa is one generation before R. Jeremiah. One must read “Rav Jeremiah”, the colleague and student of Rav. in the name of Rav: From hour to hour149From a certain hour one day to the same hour the next day, i. e., 24 hours.. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Joshua ben Levi: Three days from hour to hour150In the Babli, 60a, this is attributed to the school of Samuel.. It was stated: From hour to hour. Rebbi Hizqiyah, Rav: When has this been said? If he stopped while being healthy. But if he stopped because of sickness, one does return him. When there was no danger. But if it was because of danger, one returns him even after a number of days151This argument is not mentioned in the Babli which, therefore, can be
assumed to agree..
הִכְנִיסָה. אָמַר רִבִּי שְׁמוּאֵל בַּר רַב יִצְחָק. לֹא סוֹף דָּבָר הִכְנִיסָה אֶלָּא אֲפִילוּ הִיא רְאוּיָה לְהַכְנִיס. כְּהָדָא דְתַנֵּי. אִשְׁתּוֹ עוֹלָה עִמּוֹ אֲבָל לֹא יוֹרֶדֶת עִמּוֹ. אַלְמָנָה וּבָנֶיהָ יוֹרְדִין אֲבָל לֹא עוֹלִין. הַפּוֹעֲלִין עוֹלִין אֲבָל לֹא יוֹרְדִין. הַבַּת לֹא עוֹלָה וְלֹא יוֹרֶדֶת. וְתַכְנִיס שִׁפְחָה לְכָל הַדְּבָרִים. אֲמַר רִבִּי חִיָיה בַּר יוּדָה. מִפְּנֵי חַיִיס שֶׁלַּשִּׁפְחָה. אָמַר רִבִּי בּוּן. עַל יְדֵי שֶׁהַדְּבָרִים הַלָּלוּ שֶׁלְּבִיזָּיוֹן לְפִיכָךְ תָּלוּ אוֹתָן בְּשִׁפְחָה. אָמַר רִבִּי יוּדָה בֵירִבִּי בּוּן. שֶׁאֵין דֶּרֶךְ הָאִשָּׁה לִהְיוֹת יוֹשֶׁבֶת בְּטֵילָה בְתוֹךְ בֵּיתוֹ. רַב הוּנָא אָמַר. אֲפִילוּ הִכְנִיסָה לוֹ מֵאָה שְׁפָחוֹת כּוֹפָהּ לַעֲשׂוֹת לוֹ דְבָרִים שֶׁלְּיָחִיד. מָהוּ דְבָרִים שֶׁלְּיָחִיד. סָכַת לוֹ אֶת גּוּפוֹ וּמְרַחֶצֶת לוֹ אֶת רַגְלָיו וּמוֹזֶגֶת לוֹ אֶת הַכּוֹס. לָמָּה. מִשּׁוּם שֶׁהִיא חַיֶיבֶת לַעֲשׂוֹת לוֹ אוֹ מִשּׁוּם שֶׁאֵינָן רְאוּיִין לְהִשְׁתַּמֵּשׁ בְּשִׁפְחָה. מַה נְפַק מִן בֵּינֵיהוֹן. הִכְנִיסָה לוֹ עֲבָדִים. אִין תֵּימַר מִשּׁוּם שֶׁאֵין רְאוּיִין לְהִשְׁתַּמֵּשׁ בְּשִׁפְחָה הֲרֵי הִכְנִיסָה לוֹ עֲבָדִים. הֲוֵי לֵית טַעֲמָא מִשּׁוּם שֶׁהִיא חַיֶיבֶת לוֹ. רִבִּי אֶבודַימֵא בְצִפֹּרִין בָּעֵי קוֹמֵי רִבִּי מָנָה. לֹא מִסְתַּבְּרָא מִשּׁוּם שֶׁהִיא חַיֶיבֶת לוֹ. אָמַר לוֹ. אוֹף אֲנָא סְבַר כֵּן.
“If she brought”. Rebbi Samuel bar Rav Isaac said, not only if she brought but even if she could have brought152If her dowry is large enough to pay for a slave girl. In the Babli, 61a, this is a statement of R. Samuel ben Naḥmani.. As it was stated: His wife ascends with him but does not descend with him153This clause is also in the Babli (48a, 61a). It means that if the material circumstances of the husband improve, he has to provide for his wife according to his social standing; but if he loses money, he cannot reduce her standard of living below the level he provided for her at the time of the wedding.; a widow and her children descend but do not ascend154They are supported from the estate and only have a claim to the lesser amount of the yield of the estate at the time of the husband’s death or now. If the heirs improve the yield of the estate, the improvement is theirs (assuming zero inflation). Similarly, the claim of the daughters to a dowry is limited to 10% of the estate at the time of the father’s death.; workers ascend but do not descend155The standard contract for journeymen stipulates that the employer must feed the workers (Mishnah Baba Meṣi‘a 7:1); he cannot reduce his contribution below the standard accepted at the beginning of the contract.. The daughter neither ascends nor descends. Rebbi Ḥiyya bar Jehudah said, because one cares for the slave girl156That she should not be overworked. It is difficult to see why the slave girl should be overworked with three types of work but the wife not with seven. In the Babli, 61a, this question is asked and the answer is that the slave girl also has to care for guests.. Rebbi Abun said, Because these labors are degrading, they are referred to as the slave girl’s. Rebbi Judah ben Rebbi Abun said, because usually a woman does not sit aimlessly in her house157The other things, except grinding flour, baking, and washing, the wife does anyhow.. Rav Huna said, even if she brought him 100 slave girls, he can force her to serve him with particular attention158A similar statement is in the Babli, 61a.. What are services with particular attention? She rubs his body, washes his feet, and mixes him the cup159In the Babli, “she mixes his cup, makes his bed, and washes his face and feet.”. Why? Because she is obligated to do that, or because it is not appropriate to use a slave girl for these160These are intimate services; if a slave girl would perform those, the husband would start to sleep with her.? If you say because it is not appropriate to use a slave girl for these, here she brought him slaves161The Mishnah does not mention that she could have brought a male slave as dowry who could serve as the husband’s valet, to free the wife from personal services.! It must be because she is obligated to do that. Rebbi Eudaimon in Sepphoris asked before Rebbi Mana: Is it not reasonable because she is obligated to do that? He said to him, that is what I am always thinking.
“If she brought”. Rebbi Samuel bar Rav Isaac said, not only if she brought but even if she could have brought152If her dowry is large enough to pay for a slave girl. In the Babli, 61a, this is a statement of R. Samuel ben Naḥmani.. As it was stated: His wife ascends with him but does not descend with him153This clause is also in the Babli (48a, 61a). It means that if the material circumstances of the husband improve, he has to provide for his wife according to his social standing; but if he loses money, he cannot reduce her standard of living below the level he provided for her at the time of the wedding.; a widow and her children descend but do not ascend154They are supported from the estate and only have a claim to the lesser amount of the yield of the estate at the time of the husband’s death or now. If the heirs improve the yield of the estate, the improvement is theirs (assuming zero inflation). Similarly, the claim of the daughters to a dowry is limited to 10% of the estate at the time of the father’s death.; workers ascend but do not descend155The standard contract for journeymen stipulates that the employer must feed the workers (Mishnah Baba Meṣi‘a 7:1); he cannot reduce his contribution below the standard accepted at the beginning of the contract.. The daughter neither ascends nor descends. Rebbi Ḥiyya bar Jehudah said, because one cares for the slave girl156That she should not be overworked. It is difficult to see why the slave girl should be overworked with three types of work but the wife not with seven. In the Babli, 61a, this question is asked and the answer is that the slave girl also has to care for guests.. Rebbi Abun said, Because these labors are degrading, they are referred to as the slave girl’s. Rebbi Judah ben Rebbi Abun said, because usually a woman does not sit aimlessly in her house157The other things, except grinding flour, baking, and washing, the wife does anyhow.. Rav Huna said, even if she brought him 100 slave girls, he can force her to serve him with particular attention158A similar statement is in the Babli, 61a.. What are services with particular attention? She rubs his body, washes his feet, and mixes him the cup159In the Babli, “she mixes his cup, makes his bed, and washes his face and feet.”. Why? Because she is obligated to do that, or because it is not appropriate to use a slave girl for these160These are intimate services; if a slave girl would perform those, the husband would start to sleep with her.? If you say because it is not appropriate to use a slave girl for these, here she brought him slaves161The Mishnah does not mention that she could have brought a male slave as dowry who could serve as the husband’s valet, to free the wife from personal services.! It must be because she is obligated to do that. Rebbi Eudaimon in Sepphoris asked before Rebbi Mana: Is it not reasonable because she is obligated to do that? He said to him, that is what I am always thinking.
וְתַנֵּי כֵן. כּוֹפָהּ לַעֲשׂוֹת בַּצֶּמֶר אֲבָל לֹא בְפִשְׁתָּן. מִפְּנֵי שֶׁהִיא מַסְרַחַת אֶת הַפֶּה וּמְשֶׁלְּבֶּקֶת אֶת הַשְּׂפָיוֹת.
It was stated so: He forces her to work162Following R. Eliezer. with wool, but not with flax since that causes bad breath and broadens the lips163In Baba Meṣi‘a 1:5, it is stated in more general terms: He can force her to work with wool but not anything else (unless stipulated otherwise in the marriage contract) since the terms of a contractual relationship cannot be changed unilaterally. For the damage that spinning flax does to the lips, cf. the Brothers Grimm’s fairy tale, die drei Spinnerinnen..
It was stated so: He forces her to work162Following R. Eliezer. with wool, but not with flax since that causes bad breath and broadens the lips163In Baba Meṣi‘a 1:5, it is stated in more general terms: He can force her to work with wool but not anything else (unless stipulated otherwise in the marriage contract) since the terms of a contractual relationship cannot be changed unilaterally. For the damage that spinning flax does to the lips, cf. the Brothers Grimm’s fairy tale, die drei Spinnerinnen..