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6:5:1

משנה: הַמַּשִּׂיא אֶת בִּתּוֹ סְתָם לֹא יִפְחוֹת לָהּ מֵחֲמִשִּׁים זוּז. פָּסַק לְהַכְנִיס עֲרוּמָה לֹא יֹאמַר הַבַּעַל כְּשֶׁתָבוֹא לְבֵיתִי אֲכַסֶּנָּה בִכְסוּתִי אֶלָּא מְכַסָּהּ וְעוֹדָהּ בְּבֵית אָבִיהָ. וְכֵן הַמַשִּׂיאִין אֶת הַיְתוֹמָה לֹא יִפְחָתוּ לָהּ מֵחֲמִשִּׁים זוּז. אִם יֵשׁ בַּכִּיס מְפַרְנְסִין אוֹתָהּ לְפִי כְבוֹדָהּ.

MISHNAH: If somebody marries off his daughter without mentioning particulars he should not give her less than 50 zuz68As dowry. A person having a capital of 50 zuz (silver denars) as working capital is barred from taking welfare payments (Mishnah Peah 9:9). If he had decided to take her in naked69As stated in Halakhah 6, some people have to come up with a large dowry to marry off their daughter but some can take money for giving away their daughter. the husband should not say, if she comes to my house I shall clothe her in my garment, but he covers her when she still is in her father’s house. Similarly, those who marry off an orphan girl70The overseers of charity can use public money and even impose a tax on the public to provide a minimal dowry for a fatherless girl. (It is really the mother and/or the brothers who marry off the girl but the overseers of charity provide the money.) should not give her less that 50 zuz, and if money is available one provides for her according to her social standing71The overseers of charity cannot collect money to provide the girl with a dowry that would approximate what her father would have given had he lived, but if there already is money in the charity account they have the right to vote her more than 50 zuz..

MISHNAH: If somebody marries off his daughter without mentioning particulars he should not give her less than 50 zuz68As dowry. A person having a capital of 50 zuz (silver denars) as working capital is barred from taking welfare payments (Mishnah Peah 9:9). If he had decided to take her in naked69As stated in Halakhah 6, some people have to come up with a large dowry to marry off their daughter but some can take money for giving away their daughter. the husband should not say, if she comes to my house I shall clothe her in my garment, but he covers her when she still is in her father’s house. Similarly, those who marry off an orphan girl70The overseers of charity can use public money and even impose a tax on the public to provide a minimal dowry for a fatherless girl. (It is really the mother and/or the brothers who marry off the girl but the overseers of charity provide the money.) should not give her less that 50 zuz, and if money is available one provides for her according to her social standing71The overseers of charity cannot collect money to provide the girl with a dowry that would approximate what her father would have given had he lived, but if there already is money in the charity account they have the right to vote her more than 50 zuz..

6:5:2

הלכה: הַמַּשִּׂיא אֶת בִּתּוֹ כול׳. רִבִּי אַבָּא מָרִי אָחוֹי דְרִבִּי יוֹסֵי בָּעֵי. לֹא כֵן תַּנֵּי. מְנַיִין אֲפִילוּ אָמַר. הֲרֵינִי עוֹמֵד עָרוּם וּמְכַסָּהּ. אֵין אוֹמְרִים לוֹ שֶׁיַּעֲמוֹד עָרוּם וִיכַסָּהּ אֶלָּא מְכַסָּהּ בָּרָאוּי לָהּ. תַּמָּן אוֹרְחָא דְבַר נַשָּׁא מֵימַר. הֲנֵי לִי מֵיקוֹם עַרְטִילַיי וּמְכַסְיָיא אִיתְּתִי. בְּרַם הָכָא לָכֵן הִתְנָה עִמָּהּ מִתְּחִילָּה.

HALAKHAH: “If somebody marries off his daughter,” etc. Rebbi Abba Mari, Rebbi Yose’s brother, asked: Did we not state: From where that even if he said, I shall go naked but clothe her, one does not tell him to be naked and to clothe her but he clothes her according to her social standing72The intended text is probably close to Tosephta 6:7: If somebody marries off his daughter and contracted with his son-in-law that the latter should stand naked if only he provided her with clothes , one does not tell him to stand naked in public but that he has to clothe her according to her standing. In the Tosephta, “standing naked” is a figure of speech; why should it be taken literally in the Mishnah?? There, it is the way of people to say, it is better for me to stand naked if only I cover my wife; but here it was a prior condition.

HALAKHAH: “If somebody marries off his daughter,” etc. Rebbi Abba Mari, Rebbi Yose’s brother, asked: Did we not state: From where that even if he said, I shall go naked but clothe her, one does not tell him to be naked and to clothe her but he clothes her according to her social standing72The intended text is probably close to Tosephta 6:7: If somebody marries off his daughter and contracted with his son-in-law that the latter should stand naked if only he provided her with clothes , one does not tell him to stand naked in public but that he has to clothe her according to her standing. In the Tosephta, “standing naked” is a figure of speech; why should it be taken literally in the Mishnah?? There, it is the way of people to say, it is better for me to stand naked if only I cover my wife; but here it was a prior condition.

6:5:3

כֵּינִי מַתְנִיתָא. וְכֵן הָמְפַרְנְסִין אֶת הַיְתוֹמָה. אָמַר רִבִּי חִינְנָא. זֹאת אוֹמֶרֶת שֶׁאוֹמְרִין לַפַּרְנָסִין לִלְווֹת. דוּ פָתַר לָהּ בְּשֶׁאֵין בַּכִּיס לוֹוִין עַד חֲמִשִּׁים. אֲבָל אִם יֵשׁ בַּכִּיס מוֹסִיף. אָמַר רִבִּי יוֹסֵי. זֹאת אוֹמֶרֶת שֶׁאֵין אוֹמְרִין לַפַּרְנָסִין לִלְווֹת. דוּ פָתַר לָהּ בְּשֶׁיֵּשׁ בַּכִּיס. אֲבָל אִם אֵין בַּכִּיס פּוֹחֵת. כְּהָדָא. בְּיַלְדָּה אַחַת בְּיוֹמוֹי דְּרִבִּי אִמִּי. אָמַר. יִשְׁתַּבּוֹק לְמוֹעֲדָא. אָמַר לֵיהּ רִבִּי זְעִירָא. גְּרָמִית יִפְסוֹד. אֶלָּא יִתֲּכוֹל. דְּמָרֵיהּ דְּמוֹעֲדַיָּא קַיָים. וַתְיָיא דְּרִבִּי חֲנִינָה כְּרִבִּי זְעוּרָה וּדְרִבִּי יוֹסֵי כְּרִבִּי אִימִּי.

So is the Mishnah: And so those who provide for the orphan girl73Cf. Note 68, parenthesis.. Rebbi Ḥinena said, this means that one says to the overseers to take out a loan70The overseers of charity can use public money and even impose a tax on the public to provide a minimal dowry for a fatherless girl. (It is really the mother and/or the brothers who marry off the girl but the overseers of charity provide the money.). For he explains it, if nothing is in the wallet one takes out a loan up to fifty. But if there is money in the wallet, one may add. Rebbi Yose said, this means that one does not say to the overseers to take out a loan. For he explains if there is money in the wallet74It seems that he does not accept the last sentence in his Mishnah text.. But if there is no money one diminishes. As the following, about a girl in the days of Rebbi Immi. He said, let it be held over for the holiday75R. Immi did not want to give public funds for the dowry of an orphan girl because he needed the money to distribute to the poor for their holiday needs.. Rebbi Ze‘ira said to him, you are causing a loss76The orphan girl will not be able to marry., but give everything, for the Lord of the holiday exists77Give her a dowry of what is available in the charity account and God will see to it that money will be donated to charity for the holiday.. It turns out that Rebbi Ḥanina holds with Rebbi Ze‘ira and Rebbi Yose with Rebbi Immi78If R. Immi thought that the overseers of charity can take out loans, he would not have to worry about the holiday..

So is the Mishnah: And so those who provide for the orphan girl73Cf. Note 68, parenthesis.. Rebbi Ḥinena said, this means that one says to the overseers to take out a loan70The overseers of charity can use public money and even impose a tax on the public to provide a minimal dowry for a fatherless girl. (It is really the mother and/or the brothers who marry off the girl but the overseers of charity provide the money.). For he explains it, if nothing is in the wallet one takes out a loan up to fifty. But if there is money in the wallet, one may add. Rebbi Yose said, this means that one does not say to the overseers to take out a loan. For he explains if there is money in the wallet74It seems that he does not accept the last sentence in his Mishnah text.. But if there is no money one diminishes. As the following, about a girl in the days of Rebbi Immi. He said, let it be held over for the holiday75R. Immi did not want to give public funds for the dowry of an orphan girl because he needed the money to distribute to the poor for their holiday needs.. Rebbi Ze‘ira said to him, you are causing a loss76The orphan girl will not be able to marry., but give everything, for the Lord of the holiday exists77Give her a dowry of what is available in the charity account and God will see to it that money will be donated to charity for the holiday.. It turns out that Rebbi Ḥanina holds with Rebbi Ze‘ira and Rebbi Yose with Rebbi Immi78If R. Immi thought that the overseers of charity can take out loans, he would not have to worry about the holiday..

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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