Kommentar zu Ketubot 4:4
הָאָב זַכַּאי בְבִתּוֹ בְקִדּוּשֶׁיהָ, בַּכֶּסֶף בַּשְּׁטָר וּבַבִּיאָה, וְזַכַּאי בִּמְצִיאָתָהּ, וּבְמַעֲשֵׂה יָדֶיהָ, וּבַהֲפָרַת נְדָרֶיהָ. וּמְקַבֵּל אֶת גִּטָּהּ, וְאֵינוֹ אוֹכֵל פֵּרוֹת בְּחַיֶּיהָ. נִשֵּׂאת, יָתֵר עָלָיו הַבַּעַל שֶׁאוֹכֵל פֵּרוֹת בְּחַיֶּיהָ, וְחַיָּב בִּמְזוֹנוֹתֶיהָ, בְּפִרְקוֹנָהּ, וּבִקְבוּרָתָהּ. רַבִּי יְהוּדָה אוֹמֵר, אֲפִלּוּ עָנִי שֶׁבְּיִשְׂרָאֵל, לֹא יִפְחֹת מִשְּׁנֵי חֲלִילִים וּמְקוֹנָנֶת:
Sie ist immer in der Domäne ihres Vaters [Wenn sie die Tochter eines Israeliten wäre, der mit einem Cohein verlobt ist, isst sie keine Terumah. Selbst wenn die für ihre Ehe festgelegte Zeit gekommen ist und sie nicht verheiratet war (der Ehemann ist verpflichtet, sie zu füttern), isst sie keine Terumah, bis sie in die Domäne des Ehemanns eintritt, dh in die Chuppa, wodurch sie in die Domäne ihres Ehemanns eintritt Domain] für die Ehe. Wenn ihr Vater sie den Boten des Ehemanns übergab, ist sie in der Domäne des Ehemanns. Wenn ihr Vater mit den Boten des Mannes ging oder die Boten des Vaters mit den Boten des Mannes gingen, ist sie in der Domäne ihres Vaters. Wenn die Boten ihres Vaters [die Boten des Mannes treffen] sie den Boten des Mannes übergeben, ist sie in der Domäne ihres Mannes.
Bartenura on Mishnah Ketubot
האב זכאי בבתו – when she is a minor and when she is a young woman (i.e., from age twelve and one-day to twelve and one-half years of age).
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English Explanation of Mishnah Ketubot
Introduction
This mishnah delineates basic rights that a father has over his daughter and that a husband has over his wife. In addition the mishnah outlines basic responsibilities that a husband has to his wife. We can easily see from this mishnah that the society that the Mishnah envisions/reflects is patriarchal. The father/husband is head of the household. Most of the earnings of the members of the household belong to him and he has the responsibility for providing for them.
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Bartenura on Mishnah Ketubot
בקידושיה בכסף – for the money of her betrothal is his (i.e., the father’s) as it is written concerning the Hebrew maidservant (Exodus 21:11): “she shall go free, without payment,” and we expound, that there is no money to this master, meaning to say to the master who purchased her that she left him gratuitously/for no reason with the signs of young womanhood, but if another master has money and the father appointed him, the money of her betrothal/sanctification is his, eve when she is a young woman until she becomes an adult woman.
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English Explanation of Mishnah Ketubot
A father has authority over his daughter in her betrothal [whether it was effected] by money, document or intercourse. When we learn the first mishnah in tractate Kiddushin we will see that there are three means by which to effect betrothal: money, document or intercourse. Our mishnah teaches that a father has the right to accept money or document on behalf of his daughter in order that she should be betrothed. He also has the right to give her to a man with whom she will have intercourse and thereby become betrothed. This right is limited to a girl who has not yet reached majority age (typically 12 ½). After that the girl receives her own betrothal.
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Bartenura on Mishnah Ketubot
בשטר ובביאה – that he receives the betrothal document on her behalf and hands her over for sexual intercourse for the sake of betrothal to whomever he desires, as it is written (Deuteronomy 24:2): “[she leaves his household] and becomes the wife of another man” (Tosafot Yom Tov omits the first part of the Biblical verse); there is an analogy of the word הויות/becomes – to each other just as “money” is one of the הויות/becomes – in the domain of her father, so also the “document” and “sexual intercourse” while she is in the domain of her father.
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English Explanation of Mishnah Ketubot
He is entitled to anything she finds, to her handiwork and to annul her vows. Any money a daughter might earn belongs to her father. This includes things she might find and her handiwork (for instance weaving, sewing, work in the field, etc.). In addition the father has a right to annul her vows (see Numbers 30:6). The reason that annulling vows is listed in this clause is that it is in essence an economic right since a vow could prevent him from having her handiwork. For instance if she took a vow that any thing she finds is forbidden to her father, she would thereby deny him of one of his economic rights.
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Bartenura on Mishnah Ketubot
במציאתה – because of enmity/aversion.
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English Explanation of Mishnah Ketubot
He receives her get but he has no usufruct [from her property] during her lifetime. If the father betroths his daughter and then the husband decides to divorce her before fully marrying her, the father receives the get. However, if the girl was married, the father no longer has any domain over her. If the girl should come into money while still in her father’s house, the principal belongs to her as well as the interest (the usufruct). However, if she dies, her father inherits both the principal and the usufruct. The normal way that a girl would come into money that does not automatically belong to her father is by inheriting her mother’s father. This would happen if her mother died before her grandfather died (for if her grandfather died first when her mother died her husband would inherit her) and her mother was an inheritor (i.e. her grandfather had no sons). In such a case she would inherit her grandfather.
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Bartenura on Mishnah Ketubot
ובמעשה ידיה – as it is written (Exodus 21:7): “When a man sells his daughter as a slave, [she shall not be feed as male slaves are].” Just as a maid servant, her handiwork belongs to her master, also the daughter, her handiwork belongs to her father.
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English Explanation of Mishnah Ketubot
When she marries, the husband surpasses him [in his rights] in that he has usufruct during her lifetime. A husband has more rights than the father in that the husband does have right to the usufruct from his wife’s property during her lifetime. This could happen if she received an inheritance after the marriage. If she should die before her husband dies then he would inherit the principal as well, but if the husband would die first he would never own the principal. The husband also has rights over whatever his wife finds and whatever money she earns. He also can annul her vows.
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Bartenura on Mishnah Ketubot
ובהפרת נדריה – as it is written (Numbers 30:17): “[and his daughter] while in her father’s household by reason of her youth.”
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English Explanation of Mishnah Ketubot
And he is obligated to feed her, to pay a ransom for her and to provide for her burial. Rabbi Judah says: even the poorest man in Israel must provide no less than two flutes and one lamenting woman. The mishnah now begins to list the husband’s responsibilities towards his wife. The primary responsibility is to provide food. He also must provide her with clothing and shelter. If she is taken captive he must pay a ransom in order to redeem her. From the very fact that this is listed as a basic responsibility of the husband to his wife clearly demonstrates that kidnapping must have been a serious problem. The husband is also responsible to pay for his wife’s burial. According to Rabbi Judah, even if the husband is poor he must provide two flutes and one lamenting-woman for the funeral.
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Bartenura on Mishnah Ketubot
ומקבל גיטה – as it is written (Deuteronomy 24;2) “she leaves [his household] and becomes [the wife of another man.” An analogy is made between [“leaving” to “becoming]; just as the father receives her betrothal while she is a minor and during her period as a young woman, so too he receives her bill of divorcement.
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Bartenura on Mishnah Ketubot
ואינו אוכל פירות בחייה – if land fell to her from the house of the father of her mother, her father cannot consume their fruits during her lifetime other than if she dies and he inherits her.
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Bartenura on Mishnah Ketubot
יתר עליו הבעל – for he takes possession of all of what is taught above that the father retains control, and he consumes the fruits of the property that fell to her in inheritance once she married him.
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Bartenura on Mishnah Ketubot
ובפרקונה – if she is taken captive, he is liable to redeem her.
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Bartenura on Mishnah Ketubot
בקבורתה – The Sages established her burial in place of her inheritance for he inherits her if she dies.
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Bartenura on Mishnah Ketubot
משני חלילים – for a eulogy.
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