Ketubot 13

שְׁנֵי דַיָּנֵי גְזֵרוֹת הָיוּ בִירוּשָׁלַיִם, אַדְמוֹן וְחָנָן בֶּן אֲבִישָׁלוֹם. חָנָן אוֹמֵר שְׁנֵי דְבָרִים, אַדְמוֹן אוֹמֵר שִׁבְעָה. מִי שֶׁהָלַךְ לִמְדִינַת הַיָּם וְאִשְׁתּוֹ תוֹבַעַת מְזוֹנוֹת, חָנָן אוֹמֵר, תִּשָּׁבַע בַּסּוֹף וְלֹא תִשָּׁבַע בַּתְּחִלָּה. נֶחְלְקוּ עָלָיו בְּנֵי כֹהֲנִים גְּדוֹלִים וְאָמְרוּ, תִּשָּׁבַע בַּתְּחִלָּה וּבַסּוֹף. אָמַר רַבִּי דוֹסָא בֶן הַרְכִּינָס כְּדִבְרֵיהֶם. אָמַר רַבָּן יוֹחָנָן בֶּן זַכַּאי, יָפֶה אָמַר חָנָן, לֹא תִשָּׁבַע אֶלָּא בַסּוֹף:

There were two judges of decrees in Jerusalem, Admon and Chanan ben Avishalom. [They made decrees against robbers and imposed penalties upon them.] Chanan says two things [with which the sages do not concur]; Admon says seven. If one went abroad and his wife claimed food, Chanan says: She swears at the end [When they hear that he died, and she comes to claim her kethubah, she swears that she did not hold back aught belonging to her husband.], and she does not swear at the beginning [when she claims food. Rambam explains: "She swears at the end": When her husband comes and denies what she says, saying that he did leave her food, she swears that he had left her nothing.] The sons of the high-priests differed with him, saying that she swears in the beginning and at the end. R. Dossa b. Harkinas ruled in accordance with them. R. Yochanan b. Zakkai said: Chanan said well. She swears only at the end [and the halachah is in accordance with him. And it is only after three months from the husband's going abroad that food is provided for his wife if she claims food; but not before this time. For it is assumed that a man does not go abroad, leaving his house "empty."]

מִי שֶׁהָלַךְ לִמְדִינַת הַיָּם וְעָמַד אֶחָד וּפִרְנֵס אֶת אִשְׁתּוֹ, חָנָן אוֹמֵר, אִבֵּד אֶת מְעוֹתָיו. נֶחְלְקוּ עָלָיו בְּנֵי כֹהֲנִים גְּדוֹלִים וְאָמְרוּ, יִשָּׁבַע כַּמָּה הוֹצִיא וְיִטֹּל. אָמַר רַבִּי דוֹסָא בֶן הַרְכִּינָס כְּדִבְרֵיהֶם. אָמַר רַבָּן יוֹחָנָן בֶּן זַכַּאי, יָפֶה אָמַר חָנָן, הִנִּיחַ מְעוֹתָיו עַל קֶרֶן הַצְּבִי:

If a man went abroad and one arose and fed his wife, Chanan says: He has lost his money. [For he (the husband) says: I did not say to you: Lend me and I will repay you. But if he lent the woman money for her food on condition that she repay him, he claims it from her, and she claims it from her husband, and he pays. And if the husband claims: I left her food, and she denies it and desires to extract it (payment) from him, the husband swears an oath of equity (shevuath heseth) and exempts himself, and the money (lent her) is a debt to be paid when she is widowed or divorced.] The sons of the high-priests differed with him, saying: He (the lender) swears how much he lent and he takes it (in payment). R. Dossa b. Harkinas ruled in accordance with them. R. Yochanan b. Zakkai said: Chanan said well. He (the lender) placed his money on "the horn of a deer."

אַדְמוֹן אוֹמֵר שִׁבְעָה. מִי שֶׁמֵּת וְהִנִּיחַ בָּנִים וּבָנוֹת, בִּזְמַן שֶׁהַנְּכָסִים מְרֻבִּין, הַבָּנִים יוֹרְשִׁים וְהַבָּנוֹת נִזּוֹנוֹת. וּבִנְכָסִים מֻעָטִים, הַבָּנוֹת יִזּוֹנוּ וְהַבָּנִים יְחַזְּרוּ עַל הַפְּתָחִים. אַדְמוֹן אוֹמֵר, בִּשְׁבִיל שֶׁאֲנִי זָכָר הִפְסָדְתִּי. אָמַר רַבָּן גַּמְלִיאֵל, רוֹאֶה אֲנִי אֶת דִּבְרֵי אַדְמוֹן:

Admon says: If one died and left sons and daughters, when the property is ample, the sons inherit and the daughters are fed. And with meagre property [lacking sufficient sustenance for males and females for twelve months (Rambam explains: If there is not enough to feed the sons and daughters until the daughters come of age, it is called "meagre property.")], the daughters are fed and the sons go from door to door. Admon says: Because I am a male should I lose! [That is, because I am a male, and fit to inherit ample property, should I be a loser with meagre property!] R. Gamliel said: I subscribe to the words of Admon. [the halachah is not in accordance with Admon.]

הַטּוֹעֵן אֶת חֲבֵרוֹ כַדֵּי שֶׁמֶן, וְהוֹדָה בַקַּנְקַנִּים, אַדְמוֹן אוֹמֵר, הוֹאִיל וְהוֹדָה בְמִקְצָת הַטַּעֲנָה, יִשָּׁבֵעַ. וַחֲכָמִים אוֹמְרִים, אֵין זוֹ הוֹדָאָה מִמִּין הַטַּעֲנָה. אָמַר רַבָּן גַּמְלִיאֵל, רוֹאֶה אֲנִי אֶת דִּבְרֵי אַדְמוֹן:

If one claims from his friend pitchers of oil, and he admits to [empty ] pitchers, [without oil, as when his friend says: "You owe me ten pitchers of oil" ], Admon says: Since he admits to part of the claim, he swears. [The claim connotes oil and pitchers, so that his admitting to empty pitchers constitutes partial admission, which entails an oath. ] And the sages say: This does not constitute admission similar to the nature of the claim. [The claim connotes oil alone in the amount of ten pitchers, so that when he admits to empty pitchers, "what is claimed is not admitted and what is admitted is not claimed," so that there is no admission similar to the nature of the claim, and an oath is not entailed. ] R. Gamliel says: I subscribe to the words of Admon. [The halachah is in accordance with Admon.]

הַפּוֹסֵק מָעוֹת לַחֲתָנוֹ וּפָשַׁט לוֹ אֶת הָרֶגֶל, תֵּשֵׁב עַד שֶׁיַּלְבִּין רֹאשָׁהּ. אַדְמוֹן אוֹמֵר, יְכוֹלָה הִיא שֶׁתֹּאמַר, אִלּוּ אֲנִי פָסַקְתִּי לְעַצְמִי, אֵשֵׁב עַד שֶׁיַּלְבִּין רֹאשִׁי. עַכְשָׁיו שֶׁאַבָּא פָסַק עָלַי, מָה אֲנִי יְכוֹלָה לַעֲשׂוֹת, אוֹ כְנֹס אוֹ פְטֹר. אָמַר רַבָּן גַּמְלִיאֵל, רוֹאֶה אֲנִי אֶת דִּבְרֵי אַדְמוֹן:

If one committed himself to give money to his (prospective) son-in-law, "and he spread his foot before him" [(This has a pejorative connotation, viz.: "Take the mud and dust under my feet." Another interpretation: "Hang me by my feet upon a tree, for I have nothing to give you." Rambam understands this as connoting keeping a distance)], she sits (unmarried) until her hair turns white [until she becomes old, and he is not compelled either to wed her or divorce her.] Admon says: She can say: If I had committed myself to it, I would sit until my hair turned white. But now that my father committed himself for me, what can I do? Either marry me or divorce me! R. Gamliel said: I subscribe to the words of Admon. [The halachah is in accordance with Admon.]

הָעוֹרֵר עַל הַשָּׂדֶה וְהוּא חָתוּם עָלֶיהָ בְעֵד, אַדְמוֹן אוֹמֵר, יָכוֹל הוּא שֶׁיֹּאמַר, הַשֵּׁנִי נֹחַ לִי וְהָרִאשׁוֹן קָשֶׁה הֵימֶנּוּ. וַחֲכָמִים אוֹמְרִים, אִבֵּד אֶת זְכוּתוֹ. עֲשָׂאָהּ סִימָן לְאַחֵר, אִבֵּד אֶת זְכוּתוֹ:

If one protested against (another's possession of) a field [If Reuven protested against possession of a field by Shimon, telling him: "Levi, who sold it to you, robbed it from me,"] and he (Reuven) were signed on it as a witness, [on the writ of sale, where Levi wrote to Shimon that he sold it to him], Admon says: He can say: "The second was easy for me, and the first, hard for me." [The reason I did not protest at the time you bought this field from Levi and I signed as a witness in the deed is that Levi is a strong man, and it would have been hard to take the field from him. I preferred that it be in your possession to take it from you.] And the sages say: He has lost his right. [For his signing is acknowledgement that he no longer has anything to do with it. The halachah is not in accordance with Admon. And it is only when he is signed as a witness that Admon and the sages differ, but if he is signed as a judge to certify the deed of sale, all agree that he does not lose his right, for he can say: I did not know what is written in the deed. For a judge signed on a certification in endorsement of a deed does not need to know what is written therein, but only to recognize the signatures of the witnesses.] If he made it (acknowledgement of the other's possession of the field) a sign for (the status of) another (field), he loses his right.

מִי שֶׁהָלַךְ לִמְדִינַת הַיָּם וְאָבְדָה דֶרֶךְ שָׂדֵהוּ, אַדְמוֹן אוֹמֵר, יֵלֵךְ בַּקְּצָרָה. וַחֲכָמִים אוֹמְרִים, יִקְנֶה לוֹ דֶרֶךְ בְּמֵאָה מָנֶה, אוֹ יִפְרַח בָּאֲוִיר:

If one went abroad, and the road to his field were obscured, [the field-owners on the boundaries having seized it], Admon says: He takes the shortest route. [Against their will he takes a road to his field, but he chooses the shortest possible way, not appropriating more than necessary. And when four men surround him on four sides, Admon admits to the sages that each of them can say: "Bring proof that the road was through my field, and take it." And if one man surrounded him on four sides, the sages admit to Admon that, whatever the case, the road passed through one of his fields. They differ only in an instance of one man coming from the power of (i.e., having bought the respective fields of) four others. Admon says that he can tell him: "Whatever the case, my road is with you."] And the sages say: He must purchase a road for a hundred manah or fly in the air (to get to his field). [The other can say to him: "If you keep quiet, all good and well; if not, I will return the deed of sale to the respective owners, whom you will not be able to sue!" The halachah is in accordance with the sages.]

הַמּוֹצִיא שְׁטַר חוֹב עַל חֲבֵרוֹ, וְהַלָּה הוֹצִיא שֶׁמָּכַר לוֹ אֶת הַשָּׂדֶה, אַדְמוֹן אוֹמֵר, יָכוֹל הוּא שֶׁיֹּאמַר, אִלּוּ הָיִיתִי חַיָּב לְךָ, הָיָה לְךָ לְהִפָּרַע אֶת שֶׁלְּךָ כְּשֶׁמָּכַרְתָּ לִי אֶת הַשָּׂדֶה. וַחֲכָמִים אוֹמְרִים, זֶה הָיָה פִקֵּחַ שֶׁמָּכַר לוֹ אֶת הַקַּרְקַע, מִפְּנֵי שֶׁהוּא יָכוֹל לְמַשְׁכְּנוֹ:

If one presents a bill of payment to his neighbor, and the other presents [a bill of sale, dated after the bill of payment] to the effect that the first sold him his field, [saying (in effect): Your bill (of payment) is a forgery, for if I were indebted to you, you would not have sold me your field, but would have claimed your debt] — Admon says: The second can say: If I were indebted to you, you should have claimed your debt when you sold me the field. And the sages say: This one (the first) was being "clever," selling him the field in order to be able to take it as a pledge (for the debt). [For the second had dispersed his chattel so that the first could not take it as a pledge for his debt, and now he (the first) could take the land. In a place where the buyer pays and then the deed of sale is written, all agree that the seller should have kept the money he received for his debt and not have written the deed. The fact that he did write it, then, is proof that he is not indebted to him. The difference (between Admon and the sages) obtains in a place where they write the deed and then the buyer pays the money. Admon holds that the seller must apprise (others): "I am selling it to him only to be able to take it as a pledge." And the sages say: His not apprising others stems from his apprehension of its getting out and the other not buying the field. The halachah is in accordance with the sages.]

שְׁנַיִם שֶׁהוֹצִיאוּ שְׁטָר חוֹב זֶה עַל זֶה, אַדְמוֹן אוֹמֵר, אִלּוּ הָיִיתִי חַיָּב לְךָ, כֵּיצַד אַתָּה לֹוֶה מִמֶּנִּי. וַחֲכָמִים אוֹמְרִים, זֶה גוֹבֶה שְׁטַר חוֹבוֹ וְזֶה גּוֹבֶה שְׁטַר חוֹבוֹ:

If two men presented bills of indebtedness to each other, Admon says: (The one with the bill of the later date can say:) "If I were indebted to you, how could you borrow from me?" And the sages say: This one claims his bill of indebtedness, and that one claims his bill of indebtedness. [The halachah is in accordance with the sages.]

שָׁלֹשׁ אֲרָצוֹת לַנִּשּׂוּאִין, יְהוּדָה, וְעֵבֶר הַיַּרְדֵּן, וְהַגָּלִיל. אֵין מוֹצִיאִין מֵעִיר לְעִיר וּמִכְּרַךְ לִכְרַךְ. אֲבָל בְּאוֹתָהּ הָאָרֶץ, מוֹצִיאִין מֵעִיר לְעִיר וּמִכְּרַךְ לִכְרַךְ, אֲבָל לֹא מֵעִיר לִכְרַךְ וְלֹא מִכְּרַךְ לְעִיר. מוֹצִיאִין מִנָּוֶה הָרָעָה לְנָוֶה הַיָּפָה, אֲבָל לֹא מִנָּוֶה הַיָּפָה לְנָוֶה הָרָעָה. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, אַף לֹא מִנָּוֶה רָעָה לְנָוֶה יָפָה, מִפְּנֵי שֶׁהַנָּוֶה הַיָּפָה בוֹדֵק:

There are three lands for marriage. [If a man married a woman in one of them, he cannot compel her to go out after him from land to land]: Judah, Trans-Jordan, and the Galil. One may not take out (his wife) from a city (in one land) to a city (in another), or from a krach to a krach. [A krach is bigger than a city. It is a place of markets; people come to trade there from all around, and all things are found there.] But in the same land, one may take her out from city to city and from krach to krach, but not from city to krach [For it is difficult to dwell in a krach, krachim being highly congested, and the houses pressing upon each other and keeping out the air.], or from krach to city. [For all things are found in a krach, but not a city.] One may take her out from a bad abode to a good one, but not from a good one to a bad one. R. Shimon b. Gamliel says: Not even from a bad one to a good one, for a good abode "searches out" [the body and makes it ill. For "change of regimen," even for the good, is the beginning of intestinal illness. The halachah is in accordance with R. Shimon b. Gamliel. And if a man from the Galil married a woman from Judah, or the opposite, we compel her to go out with him, for it was on this understanding that he married her. Whatever the case, he takes her out from a city with a majority of idolators to one with a majority of Jews, but not from a city with a majority of Jews to one with a majority of idolators.]

הַכֹּל מַעֲלִין לְאֶרֶץ יִשְׂרָאֵל, וְאֵין הַכֹּל מוֹצִיאִין. הַכֹּל מַעֲלִין לִירוּשָׁלַיִם, וְאֵין הַכֹּל מוֹצִיאִין, אֶחָד הָאֲנָשִׁים וְאֶחָד הַנָּשִׁים (וְאֶחָד עֲבָדִים). נָשָׂא אִשָּׁה בְאֶרֶץ יִשְׂרָאֵל וְגֵרְשָׁהּ בְּאֶרֶץ יִשְׂרָאֵל, נוֹתֵן לָהּ מִמְּעוֹת אֶרֶץ יִשְׂרָאֵל. נָשָׂא אִשָּׁה בְאֶרֶץ יִשְׂרָאֵל וְגֵרְשָׁהּ בְּקַפּוֹטְקִיָּא, נוֹתֵן לָהּ מִמְּעוֹת אֶרֶץ יִשְׂרָאֵל. נָשָׂא אִשָּׁה בְקַפּוֹטְקִיָּא וְגֵרְשָׁהּ בְּאֶרֶץ יִשְׂרָאֵל, נוֹתֵן לָהּ מִמְּעוֹת אֶרֶץ יִשְׂרָאֵל. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, נוֹתֵן לָהּ מִמְּעוֹת קַפּוֹטְקִיָּא. נָשָׂא אִשָּׁה בְקַפּוֹטְקִיָּא וְגֵרְשָׁהּ בְּקַפּוֹטְקִיָּא, נוֹתֵן לָהּ מִמְּעוֹת קַפּוֹטְקִיָּא:

All are brought up to Eretz Yisrael, and none are taken out. All are brought up to Jerusalem [A man may compel all the members of his household to go up with him to Jerusalem. Even if he bought a Hebrew man-servant, he must, perforce, go up with him, even from a good abode to a bad one, and even from a city with a majority of Jews to one with a majority of idolators], and none are taken out, neither men nor women. [If he wishes to go up, and she refuses, she is divorced without a kethubah. And if she wishes to go up, and he refuses, he divorces her and gives her her kethubah.] If he married a woman in Eretz Yisrael and divorced her in Kaputkia, he gives her Eretz Yisrael currency. If he married a woman in Kaputkia and divorced her in Eretz Yisrael, he gives her Eretz Yisrael currency. R. Shimon b. Gamliel says: He gives her Kaputkia currency. [Kaputkia is Crete. Its coins are larger and heavier than those of Eretz Yisrael. And because a woman's kethubah is an ordinance of the scribes, they were lenient, allowing it to be paid with the lesser currency. And R. Shimon b. Gamliel holds that a woman's kethubah is Torah-ordained, for which reason he takes the more stringent view. The halachah is not in accordance with him.] If he married a woman in Kaputkia and divorced her in Kaputkia, he gives her Kaputkia currency.