Talmud Yerushalmi
Yerushalmi Ketubot 5:7 ירושלמי כתובות ה׳:ז׳
Part of: Chapter 5
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משנה: הַמַּדִיר אֶת אִשְׁתּוֹ מִתַּשְׁמִישׁ הַמִּיטָּה בֵּית שַׁמַּאי אוֹמְרִים שְׁתֵּי שַׁבָּתוֹת. וּבֵית הִלֵּל אוֹמְרִים שַׁבָּת אַחַת. הַתַּלְמִידִים יוֹצְאִין לִלְמוֹד תּוֹרָה שֶׁלֹּא בִרְשׁוּת שְׁלֹשִׁים יוֹם. הַפּוֹעֲלִים שַׁבָּת אָחָת. הָעוֹנָה הָאֲמוּרָה בַתּוֹרָה הַטַּיָילִין בְּכָל יוֹם. הַפּוֹעֲלִין שְׁתַּיִם בַּשַּׁבָת. הַחֲמָרִים אַחַת בַּשַּׁבָּת. הַגַּמָּלִין אַחַת לִשְׁלֹשִׁים יוֹם. הַסַּפָּנִין אַחַת לְשִׁשָּׁה חֲדָשִׁים דִּבְרֵי רִבִּי אֱלִיעֶזֶר.
MISHNAH: If somebody by a vow bars his wife from sexual intercourse, the House of Shammai say two weeks, the House of Hillel say one week165If he does not have his vow dissolved by that time, the wife can go to court and force a divorce with full payment of the ketubah.. Students can go to study Torah for thirty days without permission166Without asking his wife’s permission if she married him knowing he was a student.; journeymen one week167They can hire themselves out to work at another place where they cannot return to their homes every night.. The period mentioned in the Torah168Ex. 21:10, where it is spelled out that a man can take a second wife only if he does not reduce the amount of sexual activity with his first wife.: People who do not have to work every day169If a man marries a woman telling her that he is rich enough not to have to work, he is obligated to sleep with her every night and cannot later reduce this amount without the wife’s consent. Similarly, a donkey driver engaged in local traffic, who is home every week, cannot change his profession to camel driver engaged in long distance caravan traffic without his wife’s consent., journeymen twice a week, donkey drivers once a week, camel drivers once in thirty days, sailors once in three months, the words of Rebbi Eliezer.
MISHNAH: If somebody by a vow bars his wife from sexual intercourse, the House of Shammai say two weeks, the House of Hillel say one week165If he does not have his vow dissolved by that time, the wife can go to court and force a divorce with full payment of the ketubah.. Students can go to study Torah for thirty days without permission166Without asking his wife’s permission if she married him knowing he was a student.; journeymen one week167They can hire themselves out to work at another place where they cannot return to their homes every night.. The period mentioned in the Torah168Ex. 21:10, where it is spelled out that a man can take a second wife only if he does not reduce the amount of sexual activity with his first wife.: People who do not have to work every day169If a man marries a woman telling her that he is rich enough not to have to work, he is obligated to sleep with her every night and cannot later reduce this amount without the wife’s consent. Similarly, a donkey driver engaged in local traffic, who is home every week, cannot change his profession to camel driver engaged in long distance caravan traffic without his wife’s consent., journeymen twice a week, donkey drivers once a week, camel drivers once in thirty days, sailors once in three months, the words of Rebbi Eliezer.
הלכה: הַמַּדִיר אֶת אִשְׁתּוֹ מִתַּשְׁמִישׁ הַמִּטָּה כול׳. בֵּית שַׁמַּי אוֹמְרִים. שְׁתֵּי שַׁבָּתוֹת כִּימֵי לֵידַת נְקֵיבָה. וּבֵית הִלֵּל אוֹמְרִים. שַׁבָּת אֶחָד כִּימֵי לֵידַת זָכָר אוֹ כִּימֵי נִדָּתָהּ.
HALAKHAH: “If somebody by a vow bars his wife from sexual intercourse,” etc. 170Tosephta 5:6. The House of Shammai say, two weeks as after the birth of a girl171After the birth of a girl, the mother is forbidden intercourse for two weeks, Lev. 12:5. Since this is a normal occurrence in a marriage, the wife can be assumed to be able to live for two weeks without intercourse.. But the House of Hillel say one172The masculine אֶחָד refers to שָׁבוּעַ “week”, the intended meaning of שַׁבָּת in this context. week, as after the birth of a boy173Lev. 12:2. or the days of her menstruation174Lev. 12:2, 15:19. Since a forced abstinence of seven days is routine in the marriage, it is reasonable to ask the wife to wait for 7 days before giving her the right to sue in court (the Babli’s interpretation of the House of Hillel, 61b)..
HALAKHAH: “If somebody by a vow bars his wife from sexual intercourse,” etc. 170Tosephta 5:6. The House of Shammai say, two weeks as after the birth of a girl171After the birth of a girl, the mother is forbidden intercourse for two weeks, Lev. 12:5. Since this is a normal occurrence in a marriage, the wife can be assumed to be able to live for two weeks without intercourse.. But the House of Hillel say one172The masculine אֶחָד refers to שָׁבוּעַ “week”, the intended meaning of שַׁבָּת in this context. week, as after the birth of a boy173Lev. 12:2. or the days of her menstruation174Lev. 12:2, 15:19. Since a forced abstinence of seven days is routine in the marriage, it is reasonable to ask the wife to wait for 7 days before giving her the right to sue in court (the Babli’s interpretation of the House of Hillel, 61b)..
הַתַּלְמִידִים יוֹצְאִין לְתַלְמוּד תּוֹרָה שֶׁלֹּא בִרְשׁוּת בָּתֵּיהֶן שְׁלֹשִׁים יוֹם. הָא בִרְשׁוּת בָּתֵּיהֶן אֲפִילוּ כַמָּה. רִבִּי שְׁמוּאֵל בַּר נַחְמָן בְּשֵׁם רִבִּי יוֹנָתָן. וַיִשְׁלָחֶם לְבָנוֹנָה עֲשֶׂרֶת אֲלָפִים לַחוֹדֶשׁ. אָמַר רִבִּי אָבִין. חִיבֵּב הַקָּדוֹשׁ בָּרוּךְ הוּא פִּרְיָיה וְרִבְיָיה יוֹתֵר מִבֵּית הַמִּקְדָּשׁ. מַאי טַעֲמָא. חוֹדֶשׁ יִהְיוּ בַלְּבָנוֹן וּשְׁנַיִם חֳדָשִׁים בְּבֵיתוֹ. רַב אָמַר. הַבָּאָה וְהַיּוֹצֵאת חוֹדֶשׁ בְּחוֹדֶשׁ לְכֹל חָדְשֵׁי הַשָּׁנָה.
“Students can go to study Torah for thirty days without their wives’175Addition to the Mishnah text. permission.” Therefore, with permission even longer176The Babli agrees, 61b/62a.. Rebbi Samuel bar Naḥman in the name of Rebbi Joḥanan: “He sent them to the Libanon, ten thousand per month.1771K. 5:28.” Rebbi Abin said, the Holy One, praise to Him, preferred being fruitful and multiplying over the Temple. What is the reason? “One month they would be in Libanon, two months each in his house.”178The Babli, 62a, is explicit that R. Joḥanan requires a student who leaves his house for study to make up for it and spend double the time with his wife. Rav said, “the one entering and the one leaving, month for month for all months of the year.1791Chr. 27:1, speaking of all watches in the service of the king. The interpretation is that each watch served for six months each year, one month at a time. Rav will require a student to spend only one month with his wife for every month away. In the Babli, R. Joḥanan rejects this argument since the king’s servants were well paid and absences for money-making purposes follow different rules.”
“Students can go to study Torah for thirty days without their wives’175Addition to the Mishnah text. permission.” Therefore, with permission even longer176The Babli agrees, 61b/62a.. Rebbi Samuel bar Naḥman in the name of Rebbi Joḥanan: “He sent them to the Libanon, ten thousand per month.1771K. 5:28.” Rebbi Abin said, the Holy One, praise to Him, preferred being fruitful and multiplying over the Temple. What is the reason? “One month they would be in Libanon, two months each in his house.”178The Babli, 62a, is explicit that R. Joḥanan requires a student who leaves his house for study to make up for it and spend double the time with his wife. Rav said, “the one entering and the one leaving, month for month for all months of the year.1791Chr. 27:1, speaking of all watches in the service of the king. The interpretation is that each watch served for six months each year, one month at a time. Rav will require a student to spend only one month with his wife for every month away. In the Babli, R. Joḥanan rejects this argument since the king’s servants were well paid and absences for money-making purposes follow different rules.”
הָכָא אַתְּ אָמַר שַׁבָּת אֶחָד. וָכָא אַתְּ אָמַר פַּעֲמַיִים בַּשַּׁבָּת. תַּנֵּי בַּר קַפָּרָא. הַפּוֹעֲלִין יוֹצְאִין לִמְלַאכְתָּן שֶׁלֹּא בִרְשׁוּת בָּתֵּיהֶן שֶׁבָּת אֶחָד.
Here you say, one week. But there, you say, twice a week180The Mishnah permits journeymen to absent themselves for one week but requires them to sleep with their wives twice a week. How can the two statements be reconciled?. Bar Qappara stated: “Journeymen can hire themselves out without their wives’ permission for one week.”181The agreement of the wife is taken for granted since she also lives off her husband’s earnings. But if he is at home, she has the right to expect that he sleep with her twice a week.
Here you say, one week. But there, you say, twice a week180The Mishnah permits journeymen to absent themselves for one week but requires them to sleep with their wives twice a week. How can the two statements be reconciled?. Bar Qappara stated: “Journeymen can hire themselves out without their wives’ permission for one week.”181The agreement of the wife is taken for granted since she also lives off her husband’s earnings. But if he is at home, she has the right to expect that he sleep with her twice a week.
הָעוֹנָה הָאֲמוּרָה בַתּוֹרָה. אִית תַּנָּיֵי תַנֵּי. שְׁאֵר זֶה דֶרֶךְ אֶרֶץ. עוֹנָה זֶה הַמָּזוֹן. אִית תַּנָּיֵי תַנֵּי. עוֹנָה זֶה דֶרֶךְ אֶרֶץ. שְׁאֵר זֶה הַמָּזוֹן. מָאן דָּמַר. שְׁאֵר זֶה דֶרֶךְ אֶרֶץ. אִישׁ אִישׁ אֶל כָּל שְׁאֵר בְּשָׂרוֹ. עוֹנָה זֶה הַמָּזוֹן. וַיְעַנְּךָ וַיַּרְעִיבֶךָ. מָאן דָּמַר. שְׁאֵר זֶה הַמָּזוֹן. וַיַּמְטֵר עֲלֵיהֶם כֶּעָפָר שְׁאֵר. עוֹנָה זֶה דֶרֶךְ אֶרֶץ. אִם תַּעֲנֶה אֶת בְּנוֹתַיי. זֶה דֶרֶךְ אֶרֶץ. רִבִּי לִיעֶזֶר בֶּן יַעֲקֹב פָּתַר קִרְיָיה שְׁאֵרָהּ כְּסוּתָהּ. שֶׁתְּהֵא הַכְּסוּת לְפִי הַשְּׁאֵר. שֶׁלֹּא יִתֵּן לָהּ אֶת הַיַּלְדָה לַזְּקֵינָה וְלֹא אֶת הַזְּקֵינָה לַיַּלְדָה. כְּסוֹתָהּ וְעוֹנָתָהּ. שֶׁתְּהֵא הַכְּסוּת לְפִי הָעוֹנָה. שֶׁלֹּא יִתֵּן שֶׁלַּקַּיִיץ בִּימוֹת הַגְּשָׁמִים וְלֹא שֶׁלַּגְּשָׁמִים בַּקַּיִיץ. מְנָא לֵיהּ מָזוֹן. מָה אִם דְּבָרִים שֶׁאֵין בָהֶן קִיּוּם נֶפֶשׁ אֵינוֹ רַשַּׁאי לִימְנֹעַ מִמֶּנָּה דְּבָרִים שֶׁהֵן קִיּוּם נֶפֶשׁ לֹא כָל שֶׁכֵּן. מְנָא לָהּ עוֹנָה. מָה אִם דְּבָרִים עַד שֶׁלֹּא נִישֵּׂאת לְכָאן מִשָּׁעָה רִאשׁוֹנָה אֵינוֹ רַשַּׁאי לִימְנֹעַ מִמֶּנָּה דְּבָרִים שֶׁנִּישֵּׂאת לְכָאן מִשָּׁעָה רִאשׁוֹנָה לֹא כָל שֶׁכֵּן.
”The period mentioned in the Torah.” 182In Mekhilta dR.Ismael (ed. Horovitz-Rabin p. 259), the first opinion is attributed to Rebbi, the second to R. Joshia; the explanation attributed here to R. Eliezer ben Jacob is there in the name of R. Jonathan. In the Babli, 47b, the first opinion is attributed to R. Eleazar or R. Eliezer, the second is anonymous; the midrash of R. Eliezer ben Jacob is given in his name, 48a. Mekhilta dR.Simeon ben Ioḥai follows the attributions of the Yerushalmi (pp. 167–168). Some Tannaïm state183The problem is Ex. 21:9 which states that a man who takes an additional wife may not diminish שְׁאֵר, כְּסוּת, and עֹנָה of his first wife. The meaning of כְּסוּת “garment, covering” is clear but the meaning of the other two words is a matter of controversy. שְׁאֵר means “flesh” but, as the verses quoted in support of different meanings show, it means both “meat” and “relative, one’s flesh and blood.” Note also in Accadic šērum “flesh”, š’r (of a different etymology) “to go towards; to have sexual relations”. The root שאר II has no connection with the usual שאר “to remain, be a remainder” (Arabic سار.).
The problem with עֹנָה is that the verb ענה “to humiliate, inflict pain” in sexual context always means “to rape, to have forced intercourse” but in the verse here it has a positive meaning, the intercourse to which the wife is entitled. [Note that in Arabic, عنا means both “produce plants” (said of the earth) and “to be humiliated, captive” (from this العَوَانِي “Moslem women”).] From the positive meaning of עֹנָה in the verse comes the rabbinic-modern Hebrew עוֹנָה “season”, used in the midrash of R. Eliezer ben Jacob.: שְׁאֵר that is intercourse; עוֹנָה that is food. Some Tannaïm state: עוֹנָה that is intercourse; שְׁאֵר that is food. He who said שְׁאֵר is intercourse: “No person to the שְׁאֵר of his flesh;184Lev. 18:6: “No person to the שְׁאֵר of his flesh should come close, to uncover nakedness.”” עוֹנָה is food: “He fed you and made you hunger185Deut. 8:3, usually translated as: “He chastised you and made you hunger before He fed you with the manna that neither you nor your fathers knew.””. He who said שְׁאֵר is food: “He let rain on them שְׁאֵר like dust186Ps. 78:27.”; עוֹנָה that is intercourse, “that you should not deprive my daughters,187Gen. 31:50. “That you should not deprive my daughters nor take wives in addition to my daughters.” In Gen. rabba 74(12), this verse is explained that (a) Bilha and Silpa also were Laban’s daughters from slave women and (b) that Laban made Jacob swear that he would not deprive his daughters of intercourse during their lifetime nor take additional wives after their deaths.” that refers to intercourse. Rebbi Eliezer ben Jacob explains the verse188He denies that there is a biblical command which fixes minimal amounts of sexual attention due wives. He explains Ex. 21:9 as exhortation rather than prescription, reading “her flesh, her garment, and her season he should not diminish”., “her flesh her garment”, that her garment should fit her flesh, that he should not give a young woman clothes of an old woman nor an old woman clothes of a young one. “Her garment her season”, that he should not give summer clothing for the rainy season nor that for the rainy season in summer. From where does he get food189How can he establish an obligation of the husband to feed his wife?? Since he is not permitted to withhold from her things that are not necessities of life190A new garment at least twice a year., not so much more things that are necessities of life! From where does he get the obligation of periodic intercourse? Since he may not withhold from her things which do not constitute the main reason for marriage190A new garment at least twice a year., so certainly he may not withhold the things which constitute the main reason for marriage!
”The period mentioned in the Torah.” 182In Mekhilta dR.Ismael (ed. Horovitz-Rabin p. 259), the first opinion is attributed to Rebbi, the second to R. Joshia; the explanation attributed here to R. Eliezer ben Jacob is there in the name of R. Jonathan. In the Babli, 47b, the first opinion is attributed to R. Eleazar or R. Eliezer, the second is anonymous; the midrash of R. Eliezer ben Jacob is given in his name, 48a. Mekhilta dR.Simeon ben Ioḥai follows the attributions of the Yerushalmi (pp. 167–168). Some Tannaïm state183The problem is Ex. 21:9 which states that a man who takes an additional wife may not diminish שְׁאֵר, כְּסוּת, and עֹנָה of his first wife. The meaning of כְּסוּת “garment, covering” is clear but the meaning of the other two words is a matter of controversy. שְׁאֵר means “flesh” but, as the verses quoted in support of different meanings show, it means both “meat” and “relative, one’s flesh and blood.” Note also in Accadic šērum “flesh”, š’r (of a different etymology) “to go towards; to have sexual relations”. The root שאר II has no connection with the usual שאר “to remain, be a remainder” (Arabic سار.).
The problem with עֹנָה is that the verb ענה “to humiliate, inflict pain” in sexual context always means “to rape, to have forced intercourse” but in the verse here it has a positive meaning, the intercourse to which the wife is entitled. [Note that in Arabic, عنا means both “produce plants” (said of the earth) and “to be humiliated, captive” (from this العَوَانِي “Moslem women”).] From the positive meaning of עֹנָה in the verse comes the rabbinic-modern Hebrew עוֹנָה “season”, used in the midrash of R. Eliezer ben Jacob.: שְׁאֵר that is intercourse; עוֹנָה that is food. Some Tannaïm state: עוֹנָה that is intercourse; שְׁאֵר that is food. He who said שְׁאֵר is intercourse: “No person to the שְׁאֵר of his flesh;184Lev. 18:6: “No person to the שְׁאֵר of his flesh should come close, to uncover nakedness.”” עוֹנָה is food: “He fed you and made you hunger185Deut. 8:3, usually translated as: “He chastised you and made you hunger before He fed you with the manna that neither you nor your fathers knew.””. He who said שְׁאֵר is food: “He let rain on them שְׁאֵר like dust186Ps. 78:27.”; עוֹנָה that is intercourse, “that you should not deprive my daughters,187Gen. 31:50. “That you should not deprive my daughters nor take wives in addition to my daughters.” In Gen. rabba 74(12), this verse is explained that (a) Bilha and Silpa also were Laban’s daughters from slave women and (b) that Laban made Jacob swear that he would not deprive his daughters of intercourse during their lifetime nor take additional wives after their deaths.” that refers to intercourse. Rebbi Eliezer ben Jacob explains the verse188He denies that there is a biblical command which fixes minimal amounts of sexual attention due wives. He explains Ex. 21:9 as exhortation rather than prescription, reading “her flesh, her garment, and her season he should not diminish”., “her flesh her garment”, that her garment should fit her flesh, that he should not give a young woman clothes of an old woman nor an old woman clothes of a young one. “Her garment her season”, that he should not give summer clothing for the rainy season nor that for the rainy season in summer. From where does he get food189How can he establish an obligation of the husband to feed his wife?? Since he is not permitted to withhold from her things that are not necessities of life190A new garment at least twice a year., not so much more things that are necessities of life! From where does he get the obligation of periodic intercourse? Since he may not withhold from her things which do not constitute the main reason for marriage190A new garment at least twice a year., so certainly he may not withhold the things which constitute the main reason for marriage!
מִמִּנְחָה שֶׁשָּׁלַח יַעֲקֹב אָבִינוּ לְעֵשָׂו אָחִיו לָמַד רִבִּי אֱלִיעֶזֶר. שֶׁשִּׁילַּח לוֹ כְּדֶרֶךְ הָאָרֶץ. עִזִּים מָאתַיִם וּתְיָישִׁים עֶשְׂרִים חַד לָעֲשָׂרָה. רְחֵלִים מָאתַיִם וְאֵילִים עֶשְׂרִים חַד לָעֲשָׂרָה. גְּמָלִים מֵינִיקוֹת וּבְנֵיהֶם שְׁלֹשִׁים. אָמַר רִבִּי בְּרֶכְיָה. הֵן עַל יְדֵי שֶׁהוּא צָנוּעַ בְתַשְׁמִישׁוֹ לְפִיכָךְ לֹא פִירְסְמוֹ הַכָּתוּב. פָּרוֹת אַרְבָּעִים וּפָרִים עֲשָׂרָה. חַד לְאַרְבַּע. דְּאִינּוּן לָעֵיי. אֲתוֹנוֹת עֶשְׂרִים וַעְיָירִים עֲשָׂרָה חַד לִתְרֵי. דְּאִינּוּן לָעֵיי.
Rebbi Eliezer191His list of prescribed minimal frequencies of intercourse is based on the occupation of the male. The same argument is given in Gen. rabba 76(6); it is reproduced in Rashi’s Commentary to Gen. 32:15–16. inferred from the gift which Jacob had sent to his brother Esaw, for he sent him according to copulations. “200 she-goats and 20 he-goats,” one for ten; “200 ewes and 20 rams,” one for ten192One male can satisfy 10 females since it has nothing to do except grazing and copulating.. “Nursing camels and their sons 30.” Rebbi Berekhiah said, because it is decent in his sexual behavior did the verse not publicize193In Gen.rabba 76(6), R. Berekhiah in the name of Rabban Simeon ben Gamliel implies that 30 males (בנאים “builders”) accompanied the 30 females.. “40 cows and ten bulls,” one for four since they are tired194Cattle was used extensively for ploughing and drawing agricultural implements.; “20 she-donkeys and ten he-donkeys,” one for two since they are tired.
Rebbi Eliezer191His list of prescribed minimal frequencies of intercourse is based on the occupation of the male. The same argument is given in Gen. rabba 76(6); it is reproduced in Rashi’s Commentary to Gen. 32:15–16. inferred from the gift which Jacob had sent to his brother Esaw, for he sent him according to copulations. “200 she-goats and 20 he-goats,” one for ten; “200 ewes and 20 rams,” one for ten192One male can satisfy 10 females since it has nothing to do except grazing and copulating.. “Nursing camels and their sons 30.” Rebbi Berekhiah said, because it is decent in his sexual behavior did the verse not publicize193In Gen.rabba 76(6), R. Berekhiah in the name of Rabban Simeon ben Gamliel implies that 30 males (בנאים “builders”) accompanied the 30 females.. “40 cows and ten bulls,” one for four since they are tired194Cattle was used extensively for ploughing and drawing agricultural implements.; “20 she-donkeys and ten he-donkeys,” one for two since they are tired.
רִבִּי יִרְמְיָה בְּעָא. אִילֵּין תַּלְמִידֵי חֲכָמִים לֹא מִסְתַּבְּרָא מֵיעַבְּדִינוֹן בְּטֵילִין. אָמַר רִבִּי מָנָא. לֹא מִסְתַּבְּרָא דְלָא כְּאַסַּפּוֹן שֶׁהֵן יְגֵיעִין יוֹתֵר. רַב אָמַר. אוֹכֶלֶת עִמּוֹ מִּלֵּילֵי שֶׁבָּת לְלֵילֵי שַׁבָּת. בִּלְשׁוֹן נְקִיָיה.
Rebbi Jeremiah asked: Is it reasonable to consider scholars like those who do not work? Rebbi Mana said, would it not be more reasonable to compare them to sailors196Who have to sleep with their wives only once every six months. since they exert themselves harder? Rav said, “she eats with him every Friday night”197Mishnah 5:13. A man who does not live with his wife but supports her financially through an intermediary nevertheless has to sleep with her every Friday night (unless he actually is away as in the cases enumerated in the Mishnah). Therefore, the scholar has to sleep with his wife at least every Friday night., in clean language198“Eating” is a common metaphor for sexual relations; cf. Gen. 39:6, Prov.30:20..
Rebbi Jeremiah asked: Is it reasonable to consider scholars like those who do not work? Rebbi Mana said, would it not be more reasonable to compare them to sailors196Who have to sleep with their wives only once every six months. since they exert themselves harder? Rav said, “she eats with him every Friday night”197Mishnah 5:13. A man who does not live with his wife but supports her financially through an intermediary nevertheless has to sleep with her every Friday night (unless he actually is away as in the cases enumerated in the Mishnah). Therefore, the scholar has to sleep with his wife at least every Friday night., in clean language198“Eating” is a common metaphor for sexual relations; cf. Gen. 39:6, Prov.30:20..