Ketubot 4

נַעֲרָה שֶׁנִּתְפַּתְּתָה, בָּשְׁתָּהּ וּפְגָמָהּ וּקְנָסָהּ שֶׁל אָבִיהָ, וְהַצַּעַר בַּתְּפוּסָה. עָמְדָה בַדִּין עַד שֶׁלֹּא מֵת הָאָב, הֲרֵי הֵן שֶׁל אָב. מֵת הָאָב, הֲרֵי הֵן שֶׁל אַחִין. לֹא הִסְפִּיקָה לַעֲמֹד בַּדִּין עַד שֶׁמֵּת הָאָב, הֲרֵי הֵן שֶׁל עַצְמָהּ. עָמְדָה בַדִּין עַד שֶׁלֹּא בָגְרָה, הֲרֵי הֵן שֶׁל אָב. מֵת הָאָב, הֲרֵי הֵן שֶׁל אַחִין. לֹא הִסְפִּיקָה לַעֲמוֹד בַּדִּין עַד שֶׁבָּגְרָה, הֲרֵי הֵן שֶׁל עַצְמָהּ. רַבִּי שִׁמְעוֹן אוֹמֵר, אִם לֹא הִסְפִּיקָה לִגְבּוֹת עַד שֶׁמֵּת הָאָב, הֲרֵי הֵן שֶׁל עַצְמָהּ. מַעֲשֵׂה יָדֶיהָ וּמְצִיאָתָהּ, אַף עַל פִּי שֶׁלֹּא גָבְתָה, מֵת הָאָב, הֲרֵי הֵן שֶׁל אַחִין:

If a na'arah were seduced, her bosheth, her p'gam, and her knass belong to her father, and her tza'ar, [too,] if she were forced. If she appeared before beth-din before her father died, they belong to her father. If her father died [after she appeared before beth-din as a na'arah, whether or not she became a bogereth before he died], they belong to the brothers, [for since he appeared before beth-din, the father acquired them.] If she did not appear before beth-din before her father died, they belong to her. [For since he did not appear before beth-din, there is no money to bequeath to his sons.] If she appeared before beth-din before she became a bogereth, they belong to her father. If her father died, they belong to her brothers. If she did not appear before beth-din before she became a bogereth, they belong to her. R. Shimon says: If she did not collect before the father died, they belong o her. [Even if he appeared before beth-din, it is not the father's money to bequeath to his sons until it reaches his hands, it being written (Deuteronomy 22:19): "Then the man who lies with her shall give the father of the na'arah fifty kesef" — the Torah caused the father to acquire it only from the time of "giving." The halachah is not in accordance with R. Shimon.] The work of her hands [that she performed in her father's lifetime, even though she did not collect her wage] and her metziah (the objects that she finds), even though she did not collect it, if her father died, they belong to her brothers. [The gemara asks: From whom does she collect her metziah? And it answers: This is the intent: The work of her hands is like her metziah, viz.: Just as her metziah, in her father's lifetime belongs to her father, and after her father's death, to her (that is, the brothers do not acquire what the daughter found after her father's death), so the work of her hands in her father's lifetime belongs to the father and is acquired by her brothers even if she had not collected her wage; but the work of her hands (that she performs) after her father's death belongs to her, and her brothers have no rights in the daughter's handiwork after the father's death.]

הַמְאָרֵס אֶת בִּתּוֹ, וְגֵרְשָׁהּ, אֵרְסָהּ וְנִתְאַרְמְלָה, כְּתֻבָּתָהּ שֶׁלּוֹ. הִשִּׂיאָהּ וְגֵרְשָׁהּ, הִשִּׂיאָהּ וְנִתְאַרְמְלָה, כְּתֻבָּתָהּ שֶׁלָּהּ. רַבִּי יְהוּדָה אוֹמֵר, הָרִאשׁוֹנָה שֶׁל אָב. אָמְרוּ לוֹ, מִשֶּׁהִשִּׂיאָהּ, אֵין לְאָבִיהָ רְשׁוּת בָּהּ:

If one betrothed his daughter and she were divorced, and he betrothed her and she were widowed, her kethubah, [which she claims from both of these betrothals] belongs to him, (this tanna) holding that there is a kethubah for a betrothed woman, and we are speaking of the period when she is a na'arah (or when she is a minor. If he married her and she were divorced; and he married her and she were widowed, her kethubah belongs to her. [For after he married her, his authority over her lapsed, and we follow (the time of) collection, which came afterwards. We do not follow the (time of the) writing, to say that since the first (kethubah) was written while she was yet under her father's domain, the kethubah belongs to her father.] R. Yehudah says: The first one belongs to her father, [R. Yehudah holding that we follow the (time of the) writing, and that since the first kethubah was written before the marriage, when she was still under her father's domain, it belongs to her father. The halachah is not in accordance with R. Yehudah.]

הַגִּיּוֹרֶת שֶׁנִּתְגַּיְּרָה בִתָּהּ עִמָּהּ, וְזִנְּתָה, הֲרֵי זוֹ בְּחֶנֶק. אֵין לָהּ לֹא פֶתַח בֵּית הָאָב, וְלֹא מֵאָה סָלַע. הָיְתָה הוֹרָתָהּ שֶׁלֹּא בִקְדֻשָּׁה וְלֵדָתָהּ בִּקְדֻשָּׁה, הֲרֵי זוֹ בִסְקִילָה. אֵין לָהּ לֹא פֶתַח בֵּית הָאָב וְלֹא מֵאָה סָלַע. הָיְתָה הוֹרָתָהּ וְלֵדָתָהּ בִּקְדֻשָּׁה, הֲרֵי הִיא כְבַת יִשְׂרָאֵל לְכָל דָּבָר. יֶשׁ לָהּ אָב וְאֵין לָהּ פֶּתַח בֵּית הָאָב, יֶשׁ לָהּ פֶּתַח בֵּית הָאָב וְאֵין לָהּ אָב, הֲרֵי זוֹ בִסְקִילָה. לֹא נֶאֱמַר פֶּתַח בֵּית אָבִיהָ, אֶלָּא לְמִצְוָה:

A father has rights in his daughter [when she is a minor or a na'arah] in her betrothal by money, [her betrothal money belonging to him, it being written in respect to a Hebrew maid-servant (Exodus 21:11): "Then she shall go out free, without money," which is expounded: Money does not revert to this master (that is, the master who bought her, from whom she goes out free, with the signs of a na'arah), but money does revert to a different master. And who is that? Her father, the betrothal money reverting to him, even when she is a na'arah, until she becomes a bogereth.], by deed, and by cohabitation. [He receives a betrothal deed for her, and presents her for cohabitation for betrothal to whomever he wishes, it being written (Deuteronomy 24:2): "And she shall go out … and she shall be," the "beings" (i.e., being taken in marriage) being likened to each other, viz.: Just as money, which is one of the "beings," is in her father's domain, so, betrothal by deed and by cohabitation are in her father's domain.], and he acquires her metziah [because of eivah (rancor, i.e., desisting from feeding her)], and the work of her hands, [it being written (Exodus 21:7): "And if a man sell his daughter as a maidservant" — Just as the handiwork of a maidservant belongs to her master, so the handiwork of a daughter belongs to her father.], and the absolution of her vows, [it being written (in this connection) (Numbers 30:17): "…in her maidenhood, the house of her father."], and he receives her get, [it being written (Deuteronomy 24:2): "And she shall go out … and she shall be" — "going out" (of marriage) is likened to "being." Just as her father receives her betrothal when she is a minor and when she is a na'arah, so he receives her get.], and he does not eat fruits in her lifetime. [If land fell to her from the house of her father's mother, her father does not eat their fruits in her lifetime, unless she dies and he inherits her.] Superior to him (in rights) is her husband, [who has all the rights mentioned above that a father has in his daughter, and] who (in addition) eats the fruits [of the property which fell to her by inheritance after she married him.] And he (the husband) is obligated to feed her, to redeem her [if she were taken captive], and to bury her, [the sages having instituted that he bury her; this, in consideration of her inheritance, her husband inheriting her at her death.] R. Yehudah says: Even a pauper in Israel should not provide less (at the burial of his wife) than two flutes (for the eulogy) and a wailing woman.

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:

She is always in the domain of her father [If she were the daughter of an Israelite betrothed to a Cohein, she does not eat terumah. Even if the time appointed for her marriage arrived, and she was not married (the husband being obligated to feed her) she does not eat terumah] until she enters the domain of the husband, [i.e., the chuppah, whereby she enters her husband's domain] for marriage. If her father handed her over to the messengers of the husband, she is in the husband's domain. If her father went with the husband's messengers, or the father's messengers went with the husband's messengers, she is in her father's domain. If her father's messengers [meeting the husband's messengers] handed her over to the husband's messengers, she is in her husband's domain.

לְעוֹלָם הִיא בִרְשׁוּת הָאָב, עַד שֶׁתִּכָּנֵס לִרְשׁוּת הַבַּעַל לַנִּשּׂוּאִין. מָסַר הָאָב לִשְׁלוּחֵי הַבַּעַל, הֲרֵי הִיא בִרְשׁוּת הַבָּעַל. הָלַךְ הָאָב עִם שְׁלוּחֵי הַבַּעַל, אוֹ שֶׁהָלְכוּ שְׁלוּחֵי הָאָב עִם שְׁלוּחֵי הַבַּעַל, הֲרֵי הִיא בִרְשׁוּת הָאָב. מָסְרוּ שְׁלוּחֵי הָאָב לִשְׁלוּחֵי הַבַּעַל, הֲרֵי הִיא בִרְשׁוּת הַבָּעַל:

A father is not obligated to feed his daughter [in his lifetime. For after his death, his daughters are fed from his property as a condition of the kethubah. And this applies not only to his daughter, but also to his son, a father not being required to feed either his sons or his daughters when they are minors, unless he be a man of means; that is, a wealthy man from whom beth-din take perforce (as the men of the city in general are compelled to give charity), and they feed with it his young sons and daughters. And if he is not a man of means, beth-din berate him, telling him that it is cruel not to feed his children, that (if he refuses to feed them) he is worse than the wild animals, who are merciful to their young. But they cannot force him to feed them whether they be male or female. And this is so only when they are (merely) young; but if they are extremely young, below the age of six, beth-din compel the father and take from him by force in order to feed them, whether they be male or female. This was expounded by R. Elazar b. Azaryah before the sages in the Vineyard of Yavneh (so called because they sat there row upon row, in the configuration of a vineyard)]: "the sons will inherit, and the daughters will be fed." [It is among the conditions of the kethubah that the males inherit their mother's kethubah and the females be fed from his property.] Just as the sons do not inherit [their mother's kethubah until after their father's death], so the daughters are not fed [from their father's property as per the conditions of the kethubah], until after their father's death.

הָאָב אֵינוֹ חַיָּב בִּמְזוֹנוֹת בִּתּוֹ. זֶה מִדְרָשׁ דָּרַשׁ רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה לִפְנֵי חֲכָמִים בַּכֶּרֶם בְּיַבְנֶה, הַבָּנִים יִירְשׁוּ וְהַבָּנוֹת יִזּוֹנוּ, מָה הַבָּנִים אֵינָן יוֹרְשִׁין אֶלָּא לְאַחַר מִיתַת הָאָב, אַף הַבָּנוֹת אֵינָן נִזּוֹנוֹת אֶלָּא לְאַחַר מִיתַת אֲבִיהֶן:

If he did not write her a kethubah, a virgin claims two manah, and a widow, a manah, because it is a condition of beth-din. If he wrote her (in her kethubah) a field worth a manah (one hundred zuz) instead of two hundred zuz, and he did not write her: "All of my property is collateral for your kethubah, [(for he cannot say: You are to receive only the field mentioned in your kethubah)], he is liable (for such collateral), this being a condition of beth-din.

לֹא כָתַב לָהּ כְּתֻבָּה, בְּתוּלָה גּוֹבָה מָאתַיִם, וְאַלְמָנָה מָנֶה, מִפְּנֵי שֶׁהוּא תְנַאי בֵּית דִּין. כָּתַב לָהּ, שָׂדֶה שָׁוֶה מָנֶה תַּחַת מָאתַיִם זוּז, וְלֹא כָתַב לָהּ, כָּל נְכָסִים דְּאִית לִי אַחֲרָאִין לִכְתֻבְּתִיךְ, חַיָּב, שֶׁהוּא תְנַאי בֵּית דִּין:

If he did not write her: "If you are taken captive, I will redeem you and restore you as my wife," or, if he were a Cohein, [who is not permitted to take her back after she was abducted (the wife of a Cohein, who was forced, being forbidden to her husband), in which instance he writes to her:] "I will redeem you and I will return you to your land," he is (nevertheless) liable (for this) [and he must give her her kethubah, even though he must divorce her perforce], for this is a condition of beth-din.

לֹא כָתַב לָהּ, אִם תִּשְׁתַּבָּאִי אֶפְרְקִנָּךְ וְאוֹתְבִנָּךְ לִי לְאִנְתּוּ, וּבְכֹהֶנֶת, אֲהַדְרִנָּךְ לִמְדִינְתָּךְ, חַיָּב, שֶׁהוּא תְנַאי בֵּית דִּין:

If she were taken captive, he must redeem her. And if he said: "Here is her get and her kethubah — let her redeem herself," he is not permitted to do so, [for he was obligated to redeem her as soon as she was taken captive]. If she were taken ill, he must heal her, [healing being like feeding]. If he said: "Here is her get and her kethubah — let her heal herself," he is permitted to do so. [For he is not obligated to feed his divorcée.]

נִשְׁבֵּית, חַיָּב לִפְדּוֹתָהּ. וְאִם אָמַר, הֲרֵי גִטָּהּ וּכְתֻבָּתָהּ, תִּפְדֶה אֶת עַצְמָהּ, אֵינוֹ רַשָּׁאי. לָקְתָה, חַיָּב לְרַפֹּאתָהּ. אָמַר, הֲרֵי גִטָּהּ וּכְתֻבָּתָהּ, תְּרַפֵּא אֶת עַצְמָהּ, רַשָּׁאי:

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.]

לֹא כָתַב לָהּ, בְּנִין דִּכְרִין דְּיֶהֱווֹן לִיכִי מִנַּאי אִנּוּן יִרְתוּן כְּסַף כְּתֻבְּתִיךְ יָתֵר עַל חוּלְקֵיהוֹן דְּעִם אֲחוּהוֹן, חַיָּב שֶׁהוּא תְנַאי בֵּית דִּין:

(If he did not write:) "You will sit in my house and be fed from my property all the days of the duration of your widowhood in my house," he is (nevertheless) liable (for this), for this is a condition of beth-din. The men of Jerusalem would write thus. The men of the Galil would write as the men of Jerusalem. The men of Judah would write: "…until the heirs desire to give you your kethubah." Therefore, if the heirs wish, they give her her kethubah and "exempt" her. [The halachah is not in accordance with the men of Judah; but so long as she does not marry and does not claim her kethubah in beth-din, she is fed from her husband's property, and lives in the house she lived in when her husband was alive, and uses all the vessels she used in her husband's lifetime.]

בְּנָן נֻקְבִין דְּיֶהֶוְיָן לִיכִי מִנַּאי, יֶהֶוְיָן יָתְבָן בְּבֵיתִי וּמִתְּזָנָן מִנִּכְסַי עַד דְּתִנַּסְּבָן לְגֻבְרִין, חַיָּב, שֶׁהוּא תְנַאי בֵּית דִּין:

If he did not write [in her <i>ketubah</i>], "The female children that you will have with me shall live in my house, and be fed out of my property, until they are betrothed by men," he is, [nonetheless] obligated, as that is a [fixed] stipulation [enacted] by the court.

אַתְּ תְּהֵא יָתְבָא בְּבֵיתִי וּמִתְּזָנָא מִנִּכְסַי, כָּל יְמֵי מִגַּד אַלְמְנוּתִיךְ בְּבֵיתִי, חַיָּב, שֶׁהוּא תְנַאי בֵּית דִּין. כָּךְ הָיוּ אַנְשֵׁי יְרוּשָׁלַיִם כּוֹתְבִין. אַנְשֵׁי גָלִיל הָיוּ כוֹתְבִין כְּאַנְשֵׁי יְרוּשָׁלָיִם. אַנְשֵׁי יְהוּדָה הָיוּ כוֹתְבִין, עַד שֶׁיִּרְצוּ הַיּוֹרְשִׁים לִתֵּן לִיךְ כְּתֻבְּתִיךְ. לְפִיכָךְ אִם רָצוּ הַיּוֹרְשִׁין, נוֹתְנִין לָהּ כְּתֻבָּתָהּ וּפוֹטְרִין אוֹתָהּ:

[If he did not write in her <i>ketubah</i>], "You shall live in my house, and be fed out of my property, as long as you remain a widow in my house," he is, [nonetheless], obligated is [nevertheless] in force, as that is a [fixed] stipulation [enacted] by the court. [The above] is what the men of Jerusalem would write [in their <i>ketubot</i>]. The men of the Galilee would write like the men of Jerusalem. [however,] the men of Judea would write "[You shall live in my house, and be fed out of my property] until the heirs want to give you [the amount of] your <i>ketubah</i>." Therefore, if the heirs want, they [may] give her [the amount of] her <i>ketubah</i>, and dismiss her.