Talmud Yerushalmi
Yerushalmi Ketubot 6:3 ירושלמי כתובות ו׳:ג׳
Part of: Chapter 6
Reading: Hebrew · Simple EnglishHebrew · Faithful translationHebrew onlyHebrew · Simple EnglishHebrew · Faithful translationHebrew onlySimple English onlyFaithful translation onlySide by side
משנה: פָּסְקָה לְהַכְנִיס לוֹ אֶלֶף דֵּינָר הוּא פּוֹסֵק כְּנֶגְדּוֹ בַחֲמִשָּׁה עָשָׂר מְנָה. כְּנֶגֶד הַשּׁוּם הוּא פוֹסֵק פָּחוֹת חוֹמֶשׁ. שׁוּם בִּמְנָה וְשָׁוֶה מְנָה אֵין לוֹ אֶלָּא מְנָה. שׁוּם מְנָה הִיא נוֹתֶנֶת שְׁלֹשִׁים וְאֶחָד דֵּינָר. בְּאַרְבַּע מֵאוֹת הִיא נוֹתֶנֶת חֲמֵשׁ מֵאוֹת וּמַה שֶׁהֶחָתָן פּוֹסֵק הוּא פוֹסֵק פָּחוֹת חוֹמֶשׁ.
MISHNAH: If she decided to bring him 1’000 denars, he decides as equivalent fifteen minas34If the dowry is in cash which the groom will use in his business, he has to obligate himself in the ketubah to return 150% of the capital at the dissolution of the marriage to account for his earnings from that capital.. Corresponding to estimates he decides one-fifth less35As a matter of principle, any part of the dowry given in goods has to be capitalized at 80% of its estimated value at the time of marriage. Some commentators of the Babli explain that the 20% represent the depreciation of things in use; others explain that estimators have a tendency to inflate the values to make the bride appear richer than she is. Cf. Note 42.. If it was appraised for a mina and it is worth a mina, he has only a mina36If the rule of the preceding paragraph is not followed and the groom agrees to accept in the ketubah the full written value as value received, he cannot later complain and have the ketubah sum reduced.. For the estimate of a mina she gives him 31 [tetradrachmas and one]37In ms. and editio princeps, and in a few other mss., two words are missing. The corrected text reads:
שְׁלֹשִׁים וְאַחַת סֶלַע וְאֶחָד דֵּינָר. This text was translated. Cf. The Babylonian Talmud with Variant Readings, Tractate Kethubot vol. 2, ed. M. Herschler, Jerusalem 1977, p. קי-קיא, Notes 54–55. denar38·31·4 + 1 = 125; 0.8·125 = 100.
For a value of 100 denars written in the ketubah, she has to deliver goods estimated at 125 denars.. For 400 she gives 500, for what the groom decides, he decides one-fifth less.
MISHNAH: If she decided to bring him 1’000 denars, he decides as equivalent fifteen minas34If the dowry is in cash which the groom will use in his business, he has to obligate himself in the ketubah to return 150% of the capital at the dissolution of the marriage to account for his earnings from that capital.. Corresponding to estimates he decides one-fifth less35As a matter of principle, any part of the dowry given in goods has to be capitalized at 80% of its estimated value at the time of marriage. Some commentators of the Babli explain that the 20% represent the depreciation of things in use; others explain that estimators have a tendency to inflate the values to make the bride appear richer than she is. Cf. Note 42.. If it was appraised for a mina and it is worth a mina, he has only a mina36If the rule of the preceding paragraph is not followed and the groom agrees to accept in the ketubah the full written value as value received, he cannot later complain and have the ketubah sum reduced.. For the estimate of a mina she gives him 31 [tetradrachmas and one]37In ms. and editio princeps, and in a few other mss., two words are missing. The corrected text reads:
שְׁלֹשִׁים וְאַחַת סֶלַע וְאֶחָד דֵּינָר. This text was translated. Cf. The Babylonian Talmud with Variant Readings, Tractate Kethubot vol. 2, ed. M. Herschler, Jerusalem 1977, p. קי-קיא, Notes 54–55. denar38·31·4 + 1 = 125; 0.8·125 = 100.
For a value of 100 denars written in the ketubah, she has to deliver goods estimated at 125 denars.. For 400 she gives 500, for what the groom decides, he decides one-fifth less.
הלכה: פָּסְקָה לְהַכְנִיס לוֹ אֶלֶף דֵּינָר כול׳. מָה רָאוּ לוֹמַר בִּכְסָפִים אֶחָד וּמֶחֱצָה וּבְשׁוּם פָּחוֹת חוֹמֶשׁ. אָמַר רִבִּי יוֹסֵי בֶּן חֲנִינָה. שָׁמִין דַּעְתָּהּ שֶׁל אִשָּׁה שֶׁהִיא רוֹצָה לְבַלּוֹת אֶת כֵּלֶיהָ וְלִפְחוֹת אוֹתָן חוֹמֶשׁ. שָׁמִין דַּעְתּוֹ שֶׁלָּאִישׁ רוֹצֶה לִישָּׂא וְלִיתֵּן בָּהֶן וְלַעֲשׂוֹתָן בְּאֶחָד וּמֶחֱצָה. אָמַר רִבִּי יוֹסֵה. זֹאת אוֹמֶרֶת שֶׁאֵין אָדָם רַשַּׁאי לִמְכּוֹר כְּלֵי אִשְׁתּוֹ. דִּלֹמָה. רִבִּי חִיָיה וְרִבִּי יָסָא וְרִבִּי אִימִּי סָלְקוֹן לְשׁוּמָא דִבְרַתָּהּ דְּרִבִּי יוֹסֵי בֶּן חֲנִינָה. אָמְרִין לֵיהּ. פְּחוֹת חוֹמֶשׁ וְכוֹפֵל. אֲמַר לוֹן. פּוֹחֵת חוֹמֶשׁ וְאֵינוֹ כוֹפֵל.
HALAKHAH: “If she decided to bring him 1’000 denars,” etc. Why did they say for money, one and one half times, and for estimations less one fifth? Rebbi Yose ben Ḥanina said, one estimates the will of the woman that she wants to use her vessels39כלי includes both garments and household vessels. Tosaphot (66a, s. v. פוחת) quotes the statement in the name of Samuel but in Alfasi the text is quoted as in the ms. and depreciates them by a fifth. One estimates the will of the man to use it40The cash received. in trade and to make them one and one half41He expects to earn more than 50% from the dowry.. Rebbi Yose said, this implies40The cash received. that nobody has the right to sell his wife’s vessels. Example: Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi went to appraise for Rebbi Yose ben Ḥanina’s daughter. They said to [the groom]: Deduct a fifth and double43First he is told to deduct 20% to arrive at the real value of the dowry and then to double, to inflate the apparent value. This was a widespread practice in Babylonia and was proposed by the three Babylonian-born rabbis acting as appraisers. The device was rejected by the Palestinian groom. The subject is dealt with by M. A. Friedman (cf. Chapter 5, Note 226), vol. 1, pp. 296–298, where references to the large literature about the subject are given. Friedman notes that none of the Palestinian ketubot edited by him exhibit artificial inflation of the value of the dowry.. He said to them, he44Meaning himself. deducts a fifth and does not double.
HALAKHAH: “If she decided to bring him 1’000 denars,” etc. Why did they say for money, one and one half times, and for estimations less one fifth? Rebbi Yose ben Ḥanina said, one estimates the will of the woman that she wants to use her vessels39כלי includes both garments and household vessels. Tosaphot (66a, s. v. פוחת) quotes the statement in the name of Samuel but in Alfasi the text is quoted as in the ms. and depreciates them by a fifth. One estimates the will of the man to use it40The cash received. in trade and to make them one and one half41He expects to earn more than 50% from the dowry.. Rebbi Yose said, this implies40The cash received. that nobody has the right to sell his wife’s vessels. Example: Rebbi Ḥiyya, Rebbi Yasa, and Rebbi Immi went to appraise for Rebbi Yose ben Ḥanina’s daughter. They said to [the groom]: Deduct a fifth and double43First he is told to deduct 20% to arrive at the real value of the dowry and then to double, to inflate the apparent value. This was a widespread practice in Babylonia and was proposed by the three Babylonian-born rabbis acting as appraisers. The device was rejected by the Palestinian groom. The subject is dealt with by M. A. Friedman (cf. Chapter 5, Note 226), vol. 1, pp. 296–298, where references to the large literature about the subject are given. Friedman notes that none of the Palestinian ketubot edited by him exhibit artificial inflation of the value of the dowry.. He said to them, he44Meaning himself. deducts a fifth and does not double.
שִׁמְעוֹן בַּר אַבָּא בְשֵׁם רִבִּי יוֹחָנָן. הִכְנִיסָה לֹו זָהָב בְּשָׁוְייוֹ. וְתַנֵּי כֵן. תַּקְשִׁיטִין לַעֲשׂוֹתָן דֵּינָרִין בְּאֶחָד וּמֶחֱצָה. דֵּינָרִין לַעֲשׂוֹתָן תַּקְשִׁיטִין בְּשָׁוְיֵיהֶן. רִבִּי אָחָא בַּר פַּפָּא בְּעָא קוֹמֶי רִבִּי אִימִּי. הִכְנִיסָה לוֹ בְהֵמָה. אָמַר לֵיהּ. בְּשָׁוְיָיהּ. הִכְנִיסָה לוֹ קַרְקַע. אָמַר לֵיהּ. בְּשָׁוְיָיהּ. וְאֵינוֹ מִשְׂתַּכֵּר. וְגוֹבָה קַרְקַע. אֵין לֹו אֶלָּא אֲכִילַת פֵּירוֹת.
Simeon bar Abba in the name of Rebbi Joḥanan: If she brought him gold, at full value45Gold jewellery does not depreciate when worn. The Babli, 67a, points out that under a government which depreciates its currency, gold coins have the status of jewellery, not of coin.. This was also stated46The Mishnah states that certain things in the dowry are accepted at full value.. Jewellery to be turned into denars47This becomes the husband’s working capital., at the rate of one and one half. Denars to be turned into jewellery, at their full value. Rebbi Aḥa bar Pappos asked before Rebbi Immi: If she brought him an animal48Either cattle for agricultural work or goats for milk.? He said to him, at full value. If she brought him real estate: He said to him, at full value. But does he not gain from it49Why is real estate not evaluated at 150%?? But she collects the real estate, he has only the usufruct50Real estate, whether mortmain or paraphernalia, remains the wife’s property of which the husband has the usufruct. Since at the dissolution of marriage the real estate returns to the wife, there is no need to increase its value in the ketubah. (Cf. Yebamot 7:1, Note 1.).
Simeon bar Abba in the name of Rebbi Joḥanan: If she brought him gold, at full value45Gold jewellery does not depreciate when worn. The Babli, 67a, points out that under a government which depreciates its currency, gold coins have the status of jewellery, not of coin.. This was also stated46The Mishnah states that certain things in the dowry are accepted at full value.. Jewellery to be turned into denars47This becomes the husband’s working capital., at the rate of one and one half. Denars to be turned into jewellery, at their full value. Rebbi Aḥa bar Pappos asked before Rebbi Immi: If she brought him an animal48Either cattle for agricultural work or goats for milk.? He said to him, at full value. If she brought him real estate: He said to him, at full value. But does he not gain from it49Why is real estate not evaluated at 150%?? But she collects the real estate, he has only the usufruct50Real estate, whether mortmain or paraphernalia, remains the wife’s property of which the husband has the usufruct. Since at the dissolution of marriage the real estate returns to the wife, there is no need to increase its value in the ketubah. (Cf. Yebamot 7:1, Note 1.).