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9:10:1

משנה: שְׁנֵי גִיטִּין וּשְׁנֵי כְתוּבּוֹת גּוֹבָה שְׁתֵּי כֻתוּבּוֹת. שְׁתֵּי כְתוּבּוֹת וְגֵט אֶחָד אוֹ כְתוּבָּה וּשְׁנֵי גִיטִּין אוֹ כְתוּבָּה וְגֵט וּמִיתָה אֵינָהּ גּוֹבָה אֶלָּא כְתוּבָּה אַחַת שֶׁהַמְגָרֵשׁ אֶת אִשְׁתּוֹ וּמַחֲזִירָהּ עַל מְנָת כְּתוּבָּה הָרִאשׁוֹנָה הֶחֱזִירָהּ. קָטָן שֶׁהִשִּׂיאוֹ אָבִיו כְּתוּבָּתָהּ קַיֶימֶת שֶׁעַל מְנָת כֵּן קִיְימָהּ. גֵּר שֶׁנִּתְגַּיֵיר וְאִשְׁתּוֹ עִמּוֹ כְּתוּבָּתָהּ קַיֶימֶת שֶׁעַל מְנָת כֵּן קִיְימָהּ.

MISHNAH: Two bills of divorce and two ketubot, she collects two ketubot239She was twice married and twice divorced from the same man. After the first divorce, she did not collect her ketubah. When he married her the second time, he wrote her a new ketubah (which he did not have to do, as explained in the Mishnah.) Then the new ketubah is a new obligation, additional to the old one, not superseding it.. Two ketubot and one bill of divorce, or one ketubah and two bills of divorce, or one ketubah, and a bill of divorce, and death; she collects only one ketubah since a person who divorces his wife and takes her back, takes her back on the basis of her prior ketubah240Without documentary proof to the contrary, a man married twice to the same woman is presumed to owe only one ketubah.. If a minor was married off by his father, [his wife’s] ketubah is valid since he kept her by that understanding241A minor cannot legally take on obligations. The ketubah becomes only valid at the moment the minor becomes an adult and stays married to his wife.. If a proselyte converted together with his wife, her ketubah is valid since he kept her by that understanding242The rabbinic court will enforce all obligations the groom had undertaken for his bride in Gentile law..

MISHNAH: Two bills of divorce and two ketubot, she collects two ketubot239She was twice married and twice divorced from the same man. After the first divorce, she did not collect her ketubah. When he married her the second time, he wrote her a new ketubah (which he did not have to do, as explained in the Mishnah.) Then the new ketubah is a new obligation, additional to the old one, not superseding it.. Two ketubot and one bill of divorce, or one ketubah and two bills of divorce, or one ketubah, and a bill of divorce, and death; she collects only one ketubah since a person who divorces his wife and takes her back, takes her back on the basis of her prior ketubah240Without documentary proof to the contrary, a man married twice to the same woman is presumed to owe only one ketubah.. If a minor was married off by his father, [his wife’s] ketubah is valid since he kept her by that understanding241A minor cannot legally take on obligations. The ketubah becomes only valid at the moment the minor becomes an adult and stays married to his wife.. If a proselyte converted together with his wife, her ketubah is valid since he kept her by that understanding242The rabbinic court will enforce all obligations the groom had undertaken for his bride in Gentile law..

9:10:2

הלכה: הוֹצִיאָה גֵט וְאֵין עִמּוֹ כְּתוּבָה גּוֹבָה כְתוּבָּתָהּ כול׳. שְׁנֵי גִיטִּין וּשְׁתֵּי כְּתוּבּוֹת כול׳. וְהוּא שֶׁיְּהֵא הַגֵּט יוֹצֵא מִכְּתוּבָּה לִכְתוּבָּה. עַד כְּדוֹן בְּשָׁווֹת. הָיָה בְזוֹ מְנָה וּבְזוֹ מָאתַיִם. רַב הוּנָא וְרַב יִרְמְיָה וְרַב חִסְדָּא. חַד אָמַר. גּוֹבָה בָרִאשׁוֹנָה. וָחָרָנָה אָמַר. גּוֹבָה בִשְׁנִיָיה. וְהַתּוֹסֶפֶת גּוֹבָה מִן זְמַנָּהּ שֶׁלַּשְּׁנִיָיה.

HALAKHAH: “If she produced her bill of divorce without a ketubah, she collects her ketubah,” etc. “Two bills of divorce and two ketubot” etc. But only if the bill of divorce is dated between the two ketubot243Otherwise the second ketubah was only intended to replace the first which was thought to be lost; a similar argument is in the Babli, 90a.. So far if they are equal. If one was for a mina, the other for 200 [zuz]244This refers to the second case, that the divorcee presents two ketubot and one bill of divorce. If the amounts are equal, the second bill replaces the first. If they are unequal, they cannot replace one another.? Rav Huna and Rav Jeremiah245Probably it should read: Rav Huna in the name of Rav Jeremiah; otherwise, the name of a first generation Amora should not appear between the names of two second generation Amoraim. and Rav Ḥisda. One said, she collects the first one. The other said, she collects the second one and the excess246Even if the first ketubah should be larger, it now is a lien on the husband’s real estate only from the date of the second. Any real estate sold between the dates of the two ketubot cannot be taken by the divorcee. In the Babli, 43b, Rav Huna states that if she only claims the smaller amount she collects from the date of the first ketubah, otherwise from the time of the second. she collects from the date of the second.

HALAKHAH: “If she produced her bill of divorce without a ketubah, she collects her ketubah,” etc. “Two bills of divorce and two ketubot” etc. But only if the bill of divorce is dated between the two ketubot243Otherwise the second ketubah was only intended to replace the first which was thought to be lost; a similar argument is in the Babli, 90a.. So far if they are equal. If one was for a mina, the other for 200 [zuz]244This refers to the second case, that the divorcee presents two ketubot and one bill of divorce. If the amounts are equal, the second bill replaces the first. If they are unequal, they cannot replace one another.? Rav Huna and Rav Jeremiah245Probably it should read: Rav Huna in the name of Rav Jeremiah; otherwise, the name of a first generation Amora should not appear between the names of two second generation Amoraim. and Rav Ḥisda. One said, she collects the first one. The other said, she collects the second one and the excess246Even if the first ketubah should be larger, it now is a lien on the husband’s real estate only from the date of the second. Any real estate sold between the dates of the two ketubot cannot be taken by the divorcee. In the Babli, 43b, Rav Huna states that if she only claims the smaller amount she collects from the date of the first ketubah, otherwise from the time of the second. she collects from the date of the second.

9:10:3

אָמַר רִבִּי חֲנַנְיָה קוֹמֵי רִבִּי מָנָא. לֵית הָדָא אָמְרָה. הָהֵן דְּיָזִיף מִן חַבְרֵיהּ וְחָזַר וְיָזִיף מִינֵיהּ צָרִיךְ מֵימַר. לְבַד מִן כַּרְטִּוסָה קָדֳמַיָיא דְּאִית לִי גַבָּךְ. אוֹרְחָא דְאִיתְּתָא מֵימַר. אֲבַד פֶורְנֵה עֲבִיד חוֹרָן. אֶלָּא כִי אוֹרְחָא דְבַר נַשָּׁא מֵימַר. אֲבַד כַּרְטִיסוֹ עֲבַד חוֹרָן. אֶלָּא כִי אֶיפְשָׁר יוֹדֵי לֵיהּ.

Rebbi Ḥanaiah said before Rebbi Mana: Does this not mean that if a person borrows from another, and then he borrows again, he has to declare “in addition to the first paper you have on me”247Would two commercial contracts be considered under the same rules as ketubot?? It is frequent that a woman says, my ketubah is lost, write me another248The husband would have to oblige, leaving the wife with two documents.. Is it frequent that a man say, my paper is lost, write me another249The debtor does not have to oblige; if he agrees in order to retain the possibility of future loans, the new contract will certainly be written so that the prior contract would be invalidated.? But it is possible that he should declare for him250Instead of writing in the contract, the debtor could declare his multiple indebtedness in front of witnesses..

Rebbi Ḥanaiah said before Rebbi Mana: Does this not mean that if a person borrows from another, and then he borrows again, he has to declare “in addition to the first paper you have on me”247Would two commercial contracts be considered under the same rules as ketubot?? It is frequent that a woman says, my ketubah is lost, write me another248The husband would have to oblige, leaving the wife with two documents.. Is it frequent that a man say, my paper is lost, write me another249The debtor does not have to oblige; if he agrees in order to retain the possibility of future loans, the new contract will certainly be written so that the prior contract would be invalidated.? But it is possible that he should declare for him250Instead of writing in the contract, the debtor could declare his multiple indebtedness in front of witnesses..

9:10:4

רִבִּי יוּדָן בַר שִׂיקִלִי אֲעִיל עוֹבְדָא קוֹמֵי רִבִּי יוֹסֵי. לֹא כֵן אָמַר רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. שְׁטָר שֶׁלָּוָוה בוֹ וּפְרָעוֹ אַל יִלְוֶה בוֹ בְאוֹתוֹ הַיּוֹם. אָמַר לֵיהּ. כָּאן בְּשֶׁפְּרָעוֹ. כָּאן בְּשֶׁלֹּא פְרָעוֹ. תַּנֵּי רִבִּי חָנִן קוֹמֵי רִבִּי הִילָא. תְּרֵין אֲמוֹרִין. חַד אָמַר. לִכְתוּבָּה אֲבָל לֹא לִתְנָאִין. וֶחָרָנָה אָמַר. בִּין בִּכְתוּבָה בֵין לִתְנָאִין.

Rebbi Yudan from Sicily251Or, “son of Sicinius” (E. G.). brought this case252The statement that a man remarrying his divorcee can do that on the basis of the prior ketubah. before Rebbi Yose: Did not Rebbi Abbahu253In the Babli, Baba Meṣi‘a 17a, R. Assi (Yasa) in the name of R. Joḥanan. say in the name of Rebbi Joḥanan: Nobody should use a paper on which he borrowed and paid the loan back to take out another loan on the same day254If the loan was paid back the day it was taken out (otherwise the paper would be predated and invalid). The reason given in the Babli is that the rights given by the borrower to the lender by handing over the contract to the lender were annulled by the repayment and cannot be resurrected.? He said to him, here if he had paid back, there if he did not pay back255Obviously, if the ketubah was paid after the divorce, at the remarriage the husband has to execute a new ketubah. The Mishnah refers only to the case that the husband prefers to remarry instead of paying up.. 256This text is quoted in Demay6:3, Notes 88–89. It refers to the validity of the ketubah for the remarried divorcee. From the Babli, 90a, one might be led to read this statement as belonging to the next paragraph, about the ketubah of a minor’s wife, but this does not fit the interpretation given the statement in Demay. Rebbi Ḥanin stated before Rebbi Hila: Two Amoraïm, one said for ketubah but not for individual stipulations, the other said, both for ketubah and for individual stipulations.

Rebbi Yudan from Sicily251Or, “son of Sicinius” (E. G.). brought this case252The statement that a man remarrying his divorcee can do that on the basis of the prior ketubah. before Rebbi Yose: Did not Rebbi Abbahu253In the Babli, Baba Meṣi‘a 17a, R. Assi (Yasa) in the name of R. Joḥanan. say in the name of Rebbi Joḥanan: Nobody should use a paper on which he borrowed and paid the loan back to take out another loan on the same day254If the loan was paid back the day it was taken out (otherwise the paper would be predated and invalid). The reason given in the Babli is that the rights given by the borrower to the lender by handing over the contract to the lender were annulled by the repayment and cannot be resurrected.? He said to him, here if he had paid back, there if he did not pay back255Obviously, if the ketubah was paid after the divorce, at the remarriage the husband has to execute a new ketubah. The Mishnah refers only to the case that the husband prefers to remarry instead of paying up.. 256This text is quoted in Demay6:3, Notes 88–89. It refers to the validity of the ketubah for the remarried divorcee. From the Babli, 90a, one might be led to read this statement as belonging to the next paragraph, about the ketubah of a minor’s wife, but this does not fit the interpretation given the statement in Demay. Rebbi Ḥanin stated before Rebbi Hila: Two Amoraïm, one said for ketubah but not for individual stipulations, the other said, both for ketubah and for individual stipulations.

9:10:5

נִיחָא גֵּר. קָטָן. וְקָטָן מְגָרֵשׁ. אָמַר רִבִּי חַגַּיי. קִיַימְתִיהָ כַּיי דָמַר רִבִּי לָעְזָר בְּשֵׁם רִבִּי חֲנִינָה. וְהוּא שֶׁבָּא עָלֶיהָ מִשֶּׁנִּתְפַּקֵּחַ וּמִשֶּׁנִּשְׁתַּפֶּה. וָכָא הוּא שֶׁבָּא עָלֶיהָ מִשֶּׁהִגְדִּיל.

One understands a proselyte257He contracted the marriage as an adult. His conversion cannot invalidate his contractual obligations.. A minor258He cannot enter into valid contracts. If he dies, how can his wife enforce her claims against the minor’s heirs whose rights are biblical?? Can a minor divorce259Since a minor cannot act in law, he cannot divorce his wife and her ketubah cannot become due.? Rebbi Ḥaggai said, I explained it following what Rebbi Eleazar said in the name of Rebbi Ḥanina: Only if he slept with her when he regained sight or became sane mentally260In Chapter 1, Note 146. The wife of a deaf-mute or insane man can collect a ketubah only if for some period she lived with him while he was legally competent. At that time, their marital relations validate the contract.. And here, if he slept with her after he reached adulthood.

One understands a proselyte257He contracted the marriage as an adult. His conversion cannot invalidate his contractual obligations.. A minor258He cannot enter into valid contracts. If he dies, how can his wife enforce her claims against the minor’s heirs whose rights are biblical?? Can a minor divorce259Since a minor cannot act in law, he cannot divorce his wife and her ketubah cannot become due.? Rebbi Ḥaggai said, I explained it following what Rebbi Eleazar said in the name of Rebbi Ḥanina: Only if he slept with her when he regained sight or became sane mentally260In Chapter 1, Note 146. The wife of a deaf-mute or insane man can collect a ketubah only if for some period she lived with him while he was legally competent. At that time, their marital relations validate the contract.. And here, if he slept with her after he reached adulthood.

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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