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9:6:1

משנה: נֶדֶר וּשְׁבוּעָה אֵין לִי לֹא לִי וְלֹא לְיוֹרְשַׁיי וְלֹא לַבָּאִים בִּרְשׁוּתִי עָלַיִךְ וְעַל יוֹרְשַׁיִךְ וְעַל הַבָּאִין בִּרְשׁוּתֵיךְ הֲרֵי זֶה אֵינוֹ יָכוֹל לְהַשְׁבִּיעָהּ לֹא הוּא וְלֹא יוֹרְשִׁין וְלֹא הַבָּאִין בִּרְשׁוּתוֹ לֹא אוֹתָהּ וְלֹא אֶת יוֹרְשֶׁיהָ וְלֹא אֶת הַבָּאִים לִרְשׁוּתָהּ הָלְכָה מִקֶּבֶר בַּעֲלָהּ לְבֵית אָבִיהָ אוֹ שֶׁחָזְרָה לְבֵית חָמִיהָ וְלֹא נַעֲשֵׂית אֶפִּיטְרוֹפָּא אֵין הַיּוֹרְשִין מַשְׁבִּיעִין אוֹתָהּ. וְאִם נַעֲשֵׂית אֶפִּיטְרוֹפָּא הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ לְעָתִיד לָבוֹא וְאֵין מַשְׁבִּיעִין אוֹתָהּ לְשֶׁעָבַר.

MISHNAH: “I have no vow or oath against you, neither I, nor my heirs, nor my business associates, against you, or your heirs, or your business associates,” he cannot ask an oath from her, neither he, nor the heirs, nor the business associates, from her, or her heirs, or her business associates.
If she went from her husband’s grave to her family157Then she requires that the full ketubah be paid to her immediately on the basis of the ketubah document which is as good as a mortgage coming due., or she remained in her in-law’s family158She prefers not to collect her ketubah but to be supported by her husband’s family for the foreseeable future; cf. Mishnaiot 12:3–4. but was not appointed as steward, the heirs cannot make her swear. But if she was appointed as steward, the heirs can make her swear for the future150Since they now are the owners and cannot be bound by their father’s dispositions., but they cannot make her swear about the past155It is possible to explain this statement as a new paragraph, referring to Mishnah 7: Even a woman who was not appointed as steward, or whose stewardship ceased with her husband’s death, and who was not granted exemption from swearing, cannot be made to account under oath for the expenses of her husband’s burial..

MISHNAH: “I have no vow or oath against you, neither I, nor my heirs, nor my business associates, against you, or your heirs, or your business associates,” he cannot ask an oath from her, neither he, nor the heirs, nor the business associates, from her, or her heirs, or her business associates.
If she went from her husband’s grave to her family157Then she requires that the full ketubah be paid to her immediately on the basis of the ketubah document which is as good as a mortgage coming due., or she remained in her in-law’s family158She prefers not to collect her ketubah but to be supported by her husband’s family for the foreseeable future; cf. Mishnaiot 12:3–4. but was not appointed as steward, the heirs cannot make her swear. But if she was appointed as steward, the heirs can make her swear for the future150Since they now are the owners and cannot be bound by their father’s dispositions., but they cannot make her swear about the past155It is possible to explain this statement as a new paragraph, referring to Mishnah 7: Even a woman who was not appointed as steward, or whose stewardship ceased with her husband’s death, and who was not granted exemption from swearing, cannot be made to account under oath for the expenses of her husband’s burial..

9:6:2

הלכה: נֶדֶר וּשְׁבוּעָה אֵין לִי וּלְיוֹרְשַׁיי כול׳. אָמַר רִבִּי יוֹנָה. וְהִיא שֶׁעָשָׂת אֶפִּיטְרוֹפָּא בְּחַיֵּי בַעֲלָהּ. אֲבָל אִם עָשָׂת אֶפִּיטְרוֹפָּא לְאַחַר מִיתַת הַבַּעַל אֵין הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ. דּוּ מַתְנִיתָא. לֹא עָשָׂת אֶפִּיטְרוֹפָּא אֵין הַיּוֹרְשִׁין מִַשְׁבִּיעִין אוֹתָהּ. אִם עָשָׂת אֶפִּיטְרוֹפָּא הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ לְעָתִיד לָבוֹא. וְאֵין מַשְׁבִּיעִין אוֹתָהּ לְשֶׁעָבַר. אֵיזֶהוּ לְשֶׁעָבַר. מִשְּׂעַת מִיתָה עַד שְׁעַת קְבוּרָה. וְאָמַר רִבִּי יוֹסֵי. אֲפִיוּלוּ עֲשָׂאָהּ אֶפִּטְרָפּוֹס לְאַחַר מִיתַת בַּעֲלָהּ אֵין הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ. וְהָא תַנִּינָן לֹא עָשְׂתָהּ אֶפִּטְרָפּוֹס אֵין הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ. אִם עָשָׂת אֶפִּיטְרוֹפָּא הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ לְעָתִיד לָבֹא וְאֵין מַשְׁבִּיעִין אוֹתָהּ לְשֶׁעָבַר. פָּתַר לָהּ עַל רֹאשָׁהּ. וְאִין עַל רֹאשָׁהּ כְּהָדָא. רִבִּי יוֹנָה וְרִבִּי יוֹסֵי תְּרֵיהוֹן אָמְרִין. לֹא סוֹף דָּבָר בִּנְכָסִים שֶׁנִּשְׁתַּלְּטָה בָהֶן בְּחַיֵּי בַעֲלָהּ אֶלָּא אֲפִילוּ נְכָסִים שֶׁנִּשְׁתַּלְּטָה בָהֶן לְאַחַר מִיתַת הַבַּעַל אֵין הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ. פָּתַר לָהּ מִשְּׂעַת מִיתָה עַד שְׁעַת קְבוּרָה. דָּמַר רִבִּי אַבָהוּ בְשֵׁם רִבִּי יוֹחָנָן. מִשְּׂעַת מִיתָה עַד שְׁעַת קְבוּרָה אֵין הַיּוֹרְשִׁין מַשְׁבִּיעִין אוֹתָהּ. תַּנֵּי בַּר קַפָּרָא. שֶׁלֹּא תְהֵא מַנִיחָתוֹ וְהוֹלֶכֶת לְבֵית אָבִיהָ.

HALAKHAH: ““I have no vow or oath against you,” etc. 147A lengthy discussion of this text is in R. Bezalel Ashkenazi, שיטה מקובצת כתובות (reprint Tel Aviv, n/d) p. 221 a/b. However, probably the text is not based on an original ms. since it is Babylonized, remarkable for such a careful author. Rebbi Jonah said, only if she was made a steward during her husband’s lifetime. But if she was appointed as a steward after her husband’s death, the heirs can(not)148Probably this should be deleted since the husband cannot give her immunity if he appoints her as testamentary executor unless he makes the appointment valid “one hour before my death”. make her swear. That is the Mishnah: if she was not appointed a steward, the heirs cannot make her swear149If she is not the executor of her husband’s will and the husband had freed her from swearing about what she had overseen for him, the heirs cannot ask for an accounting of the past.. If she was appointed a steward, the heirs can make her swear for the future150Since they now are the owners and cannot be bound by their father’s dispositions., but they cannot make her swear about the past. What is “about the past”? From the time of death to the time of burial151As explained at the end, it is not desirable that the widow should hand over the estate to the heirs before her husband’s burial. Therefore, before the burial she is the husband’s agent and not the heirs’. The Babli agrees, 87a.. And Rebbi Yose said, even if he appointed her as steward after her husband’s death, the heirs can make her swear152Probably some addition is missing such as “only for the future”. The entire sentence is a corrector’s addition.. But did we not state153Mishnah 7, speaking of a woman who was freed by her husband from the obligation to swear, who resigned her stewardship at the time of her husband’s burial.: “If he did not appoint her as steward, the heirs cannot make her swear. If he appointed her as steward, the heirs can make her swear for the future but cannot make her swear for the past.” He explains it about the first case154Even in the case of Mishnah 5, the widow cannot be made to swear about the expenses of the funeral. The Babli agrees, 87a.. But if it is about the first case, Rebbi Jonah and Rebbi Yose both say, not only about property over which she had control during her husband’s lifetime but even about property over which she acquired control after her husband’s death the heirs cannot make her swear. Explain it, from the time of death to the time of burial. For Rebbi Abbahu said in the name of Rebbi Joḥanan: The heirs cannot make her swear from the time of death to the time of burial155It is possible to explain this statement as a new paragraph, referring to Mishnah 7: Even a woman who was not appointed as steward, or whose stewardship ceased with her husband’s death, and who was not granted exemption from swearing, cannot be made to account under oath for the expenses of her husband’s burial.. Bar Qappara stated: That she should not abandon him and leave for her family156The heirs, the beneficiaries of the estate, have the duty to bury the husband. It would be very bad for the reputation of the family if the widow would return to her own family before the burial because she fears to be accused by the heirs that she spent too much money on her husband’s burial. Therefore, she is prevented from resigning her stewardship before the burial and, in exchange, is freed from having to provide an accounting of the burial costs under oath..

HALAKHAH: ““I have no vow or oath against you,” etc. 147A lengthy discussion of this text is in R. Bezalel Ashkenazi, שיטה מקובצת כתובות (reprint Tel Aviv, n/d) p. 221 a/b. However, probably the text is not based on an original ms. since it is Babylonized, remarkable for such a careful author. Rebbi Jonah said, only if she was made a steward during her husband’s lifetime. But if she was appointed as a steward after her husband’s death, the heirs can(not)148Probably this should be deleted since the husband cannot give her immunity if he appoints her as testamentary executor unless he makes the appointment valid “one hour before my death”. make her swear. That is the Mishnah: if she was not appointed a steward, the heirs cannot make her swear149If she is not the executor of her husband’s will and the husband had freed her from swearing about what she had overseen for him, the heirs cannot ask for an accounting of the past.. If she was appointed a steward, the heirs can make her swear for the future150Since they now are the owners and cannot be bound by their father’s dispositions., but they cannot make her swear about the past. What is “about the past”? From the time of death to the time of burial151As explained at the end, it is not desirable that the widow should hand over the estate to the heirs before her husband’s burial. Therefore, before the burial she is the husband’s agent and not the heirs’. The Babli agrees, 87a.. And Rebbi Yose said, even if he appointed her as steward after her husband’s death, the heirs can make her swear152Probably some addition is missing such as “only for the future”. The entire sentence is a corrector’s addition.. But did we not state153Mishnah 7, speaking of a woman who was freed by her husband from the obligation to swear, who resigned her stewardship at the time of her husband’s burial.: “If he did not appoint her as steward, the heirs cannot make her swear. If he appointed her as steward, the heirs can make her swear for the future but cannot make her swear for the past.” He explains it about the first case154Even in the case of Mishnah 5, the widow cannot be made to swear about the expenses of the funeral. The Babli agrees, 87a.. But if it is about the first case, Rebbi Jonah and Rebbi Yose both say, not only about property over which she had control during her husband’s lifetime but even about property over which she acquired control after her husband’s death the heirs cannot make her swear. Explain it, from the time of death to the time of burial. For Rebbi Abbahu said in the name of Rebbi Joḥanan: The heirs cannot make her swear from the time of death to the time of burial155It is possible to explain this statement as a new paragraph, referring to Mishnah 7: Even a woman who was not appointed as steward, or whose stewardship ceased with her husband’s death, and who was not granted exemption from swearing, cannot be made to account under oath for the expenses of her husband’s burial.. Bar Qappara stated: That she should not abandon him and leave for her family156The heirs, the beneficiaries of the estate, have the duty to bury the husband. It would be very bad for the reputation of the family if the widow would return to her own family before the burial because she fears to be accused by the heirs that she spent too much money on her husband’s burial. Therefore, she is prevented from resigning her stewardship before the burial and, in exchange, is freed from having to provide an accounting of the burial costs under oath..

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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