Talmud Yerushalmi
Yerushalmi Ketubot 6:2 ירושלמי כתובות ו׳:ב׳
Part of: Chapter 6
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משנה: הַפּוֹסֵק מָעוֹת לַחֲתָנוֹ וּמֵת חֲתָנוֹ אָמְרוּ חֲכָמִים יָכוֹל הוּא שֶׁיֹּאמַר לְאָחִיךָ הָיִיתִי רוֹצֶה לִיתֵּן וְלָךְ אֵי אֶפְשִׁי לִיתֵּן.
MISHNAH: If somebody decided25He promised a fixed amount of dowry payable at the moment of the final marriage ceremony. on money for his son-in-law and the son-in-law died26Between the preliminary and the final marriage ceremony., the Sages said that he can say27To the levir who is scheduled to marry his daughter. This is intended to induce the levir to prefer ḥălîṣah to the levirate marriage., I was ready to give to your brother, but it is impossible for me to give to you.
MISHNAH: If somebody decided25He promised a fixed amount of dowry payable at the moment of the final marriage ceremony. on money for his son-in-law and the son-in-law died26Between the preliminary and the final marriage ceremony., the Sages said that he can say27To the levir who is scheduled to marry his daughter. This is intended to induce the levir to prefer ḥălîṣah to the levirate marriage., I was ready to give to your brother, but it is impossible for me to give to you.
הלכה: הַפּוֹסֵק מָעוֹת לַחֲתָנוֹ וּמֵת חֲתָנוֹ כול׳. וְלֹא דְבָרִים שֶׁהֵן קוֹנִין בָּאֲמִירָה הֵן. תַּנֵּי בַּר קַפָּרָא. פּוֹסֵק לְשֵׁם כְּתוּבָּה עַל מְנָת לבנים. וְכֵינִי. הַפּוֹסֵק מְעוֹת לְבִתּוֹ קְטַנָּה כּוֹפִין אוֹתוֹ לִיתֵּן. הָא לִגְדוֹלָה לֹא. אָמַר רִבִּי אָבוּן. כּוֹפִין אוֹתוֹ לִיתֵּן גֵּט.
HALAKHAH: “If somebody decided on money for his son-in-law and the son-in-law died,” etc. Are these not the things that are acquired by speech29As explained in Halakhah 5:1, Notes 16 ff., that promises made at the moment of the preliminary marriage are enforceable in court. Why can the levir not sue for his brother’s property?? Bar Qappara stated: He promised the dowry on condition there be a marriage30A promise of dowry becomes enforceable only after the definitive marriage ceremony.. And it is so31This refers to Halakhah 13:5: If somebody promised a sum to his son-in-law at the moment of the preliminary wedding but went bankrupt before the final wedding, and the groom is not willing to proceed with the definitive marriage without the dowry being paid, the question is whether the girl can insist on either to be married or to be freed to marry somebody else. In Tosephta 13:4, it is stated: If somebody decided on money for his underage daughter but then went bankrupt, one forces him to give because one can give a minor benefit but not obligation. A similar text is in the Babli, 109 a. In all these texts, it is stated “one forces him”, without an explanation whom one forces.: If somebody decided on money for his underage daughter, one forces him to give. But not for the adult one32Is a promise of dowry for an adult daughter not enforceable?? Rebbi Abun said, one forces [the groom] to give a bill of divorce33If the daughter was a minor at the time of the preliminary marriage and then the father went bankrupt, the court will force the groom either to marry the girl without money or to free her by a bill of divorce since acts of third parties to the detriment of minors are invalid and not enforceable in court. The same explanation is given in the Babli, 109a, by Rava, a frequent discussion partner of Ravin (= R. Abun.).
HALAKHAH: “If somebody decided on money for his son-in-law and the son-in-law died,” etc. Are these not the things that are acquired by speech29As explained in Halakhah 5:1, Notes 16 ff., that promises made at the moment of the preliminary marriage are enforceable in court. Why can the levir not sue for his brother’s property?? Bar Qappara stated: He promised the dowry on condition there be a marriage30A promise of dowry becomes enforceable only after the definitive marriage ceremony.. And it is so31This refers to Halakhah 13:5: If somebody promised a sum to his son-in-law at the moment of the preliminary wedding but went bankrupt before the final wedding, and the groom is not willing to proceed with the definitive marriage without the dowry being paid, the question is whether the girl can insist on either to be married or to be freed to marry somebody else. In Tosephta 13:4, it is stated: If somebody decided on money for his underage daughter but then went bankrupt, one forces him to give because one can give a minor benefit but not obligation. A similar text is in the Babli, 109 a. In all these texts, it is stated “one forces him”, without an explanation whom one forces.: If somebody decided on money for his underage daughter, one forces him to give. But not for the adult one32Is a promise of dowry for an adult daughter not enforceable?? Rebbi Abun said, one forces [the groom] to give a bill of divorce33If the daughter was a minor at the time of the preliminary marriage and then the father went bankrupt, the court will force the groom either to marry the girl without money or to free her by a bill of divorce since acts of third parties to the detriment of minors are invalid and not enforceable in court. The same explanation is given in the Babli, 109a, by Rava, a frequent discussion partner of Ravin (= R. Abun.).