A widow, both from betrothal [in which instance she is not fed (from the property of the inheritance) and she sells her kethubah], both from marriage [in which instance she sells (from the property of the inheritance) for food], sells not before beth-din. [That is, not before a beth-din of experts. But in any event, she must sell before three who are expert in the assessment of land.] R. Shimon says: From marriage, [in which instance she sells (property) for food], she sells not before beth-din, [for she cannot sit and suffer until she finds a beth-din, but] from betrothal [where her sale is only for (collection of) the kethubah], she sells only before beth-din. [The halachah is not in accordance with R. Shimon.]
Bartenura on Mishnah Ketubot
בין מן האירוסין – for she has no support/food and sells [it] for her Ketubah settlement.
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English Explanation of Mishnah Ketubot
Introduction
As we learned yesterday, a widow is entitled to receive maintenance from her husband’s estate. Our mishnah discusses when a widow is allowed to sell her husband’s property in order to obtain money with which to support herself or in order to collect her ketubah.
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Bartenura on Mishnah Ketubot
בין מן הנשואין – which she sells for support/food.
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English Explanation of Mishnah Ketubot
A widow, whether [her husband died] after betrothal or after marriage may sell [her husband's estate] without [permission from] a court. According to the first opinion in the mishnah, a widow may sell her deceased husband’s property whether she was widowed after she had been fully married, in which case she sells the property in order to pay for her maintenance or collect her ketubah, or whether she was widowed after betrothal but before marriage, in which case she sells solely to collect her ketubah. In either case she may sell this property without the sanction of the court.
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Bartenura on Mishnah Ketubot
מוכרת שלא בבית דין – meaning to say, that is not in a Jewish court of specialists/experts, but nonetheless, she needs to sell in the presence of three who would be expert in estimation of the land.
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English Explanation of Mishnah Ketubot
Rabbi Shimon says: [If her husband died] after marriage she may sell without [permission from] a court, but if after betrothal, she may not sell except with [permission from] a court, since she is not entitled to maintenance, and anyone who is not entitled to maintenance may not sell except with [permission from] a court. Rabbi Shimon makes a distinction between a widow who had been married and one who had only been betrothed. The former may sell without the court’s permission, for she cannot wait each time to receive the court’s permission to sell in order to collect her maintenance. However, since the betrothed woman does not receive maintenance payments from her husband, she may not sell her husband’s property without permission from the court. Only those who are selling in order to receive money for maintenance can sell without a court. For a widow to have to wait for the court’s permission every time she wishes to sell something in order to buy food or clothing would indeed be too troublesome. Therefore the widow who is collecting maintenance, i.e. one who was already married, does not need the court’s permission. In contrast, collecting the ketubah is a one time occurrence and it is not such great trouble for the widow to come to the court once to sell property from which to collect her ketubah.
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Bartenura on Mishnah Ketubot
רבי שמעון אומר מן הנשואין – that she sells for food, selling not before a Jewish court for it is impossible to her to be sitting [and suffering] until she they would obligate for her a Jewish court. But from the betrothal, where here sale is not for anything other than the Ketubah, she does not sell it other than in a Jewish court, but the Halakha is not according to Rabbi Shimon.
