If he did not write: "The male children that you will have from me will inherit the money of your kethubah over and above their share with their brothers," he is (nevertheless) liable (for this), for this is a condition of beth-din. [If you died in my lifetime, and I inherit you, your sons will take your kethubah after my death when they come to divide my property with the sons that I will have from a different wife. This will make a difference if her kethubah is more than the other's, or if the other's sons are more numerous than her own, in which instance it will profit these to take their mother's kethubah, even if (the amounts of) both be equal. The "male-children" kethubah, even in our days, is claimed only from land, but not from chattel. And it is only when the father left over the amount of the two kethuboth and an additional dinar that the sons can inherit the "male-children" kethubah, since room was left for Torah-inheritance. For after each of the sons takes of his mother's kethubah, there remains a dinar of their father's property to share among them. But if the father left only the amount of the two kethuboth, or less than this, they share the property equally among them, the "male-children" kethubah not obtaining.]
Bartenura on Mishnah Ketubot
אינו רשאי – for he is already obligated to redeem her when she is taken captive.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
Introduction
This mishnah continues to teach that a husband is obligated to pay for the ransom of his wife. In addition, it teaches that a husband is responsible to pay for his wife’s medical costs, should she be injured or become ill. However, there is a difference between the responsibility to pay the ransom and the responsibility to pay for treatment.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
חייב לרפאותה – for healing is like food/support.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
If she was taken captive he is obligated to ransom her; And if he said, “Here is her get and her ketubah, let her ransom herself”, he is not allowed [to act accordingly]. As we learned in yesterday’s mishnah, a husband is obligated by law to pay for his wife’s ransom. In this mishnah a husband tries to divorce his wife upon hearing that she has been taken captive (we are obviously not dealing with an ideal marriage). He says he will give her her get and pay her the amount guaranteed in the ketubah and then she can ransom herself. The mishnah rules that this is forbidden. This is because as soon as she was taken captive he became liable to pay for her ransom, whether she is his wife or not. Therefore, he must first pay for her ransom and then if he wishes to divorce her and pay the ketubah he may do as he pleases.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
רשאי – for he is not obligated to support/feed his divorced wife.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
If she was injured it is his duty to provide for her medical treatment; And if he said, “Here is her get and her ketubah, let her heal herself”, he is allowed [to act accordingly]. If a woman becomes sick or is injured, her husband is liable to pay for the costs of her treatment. These costs are part of the costs of her maintenance (food, shelter and clothing). In contrast to the previous clause, if the husband wishes to he may divorce her, pay the ketubah and not have to continue to pay for the cost of treatment. This is because a husband does not have to pay the costs of maintaining his wife after having divorced her. Although this may be a cruel, dastardly thing to do, a husband is allowed to divorce his sick wife.
