Ketubot 5

אַף עַל פִּי שֶׁאָמְרוּ, בְּתוּלָה גוֹבָה מָאתַיִם וְאַלְמָנָה מָנֶה, אִם רָצָה לְהוֹסִיף, אֲפִלּוּ מֵאָה מָנֶה, יוֹסִיף. נִתְאַרְמְלָה אוֹ נִתְגָּרְשָׁה, בֵּין מִן הָאֵרוּסִין בֵּין מִן הַנִּשּׂוּאִין, גּוֹבָה אֶת הַכֹּל. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר, מִן הַנִּשּׂוּאִין, גּוֹבָה אֶת הַכֹּל. מִן הָאֵרוּסִין, בְּתוּלָה גּוֹבָה מָאתַיִם וְאַלְמָנָה מָנֶה, שֶׁלֹּא כָתַב לָהּ אֶלָּא עַל מְנָת לְכָנְסָהּ. רַבִּי יְהוּדָה אוֹמֵר, אִם רָצָה, כּוֹתֵב לִבְתוּלָה שְׁטָר שֶׁל מָאתַיִם, וְהִיא כוֹתֶבֶת, הִתְקַבַּלְתִּי מִמְּךָ מָנֶה, וּלְאַלְמָנָה, מָנֶה, וְהִיא כוֹתֶבֶת, הִתְקַבַּלְתִּי מִמְּךָ חֲמִשִּׁים זוּז. רַבִּי מֵאִיר אוֹמֵר, כָּל הַפּוֹחֵת לִבְתוּלָה מִמָּאתַיִם וּלְאַלְמָנָה מִמָּנֶה, הֲרֵי זוֹ בְעִילַת זְנוּת:

Even though they said that a virgin claims two manah, and a widow, one manah, if he wishes to add, even a hundred manah, he may do so. [And we do not say that he is not permitted to add so as not to embarrass those lacking the means to do so.] If she were widowed or divorced, whether from the betrothal or from the marriage, she claims the whole. R. Elazar b. Azaryah says: From marriage, she claims the whole; from betrothal, a virgin claims two manah, and a widow, one manah; for he did not write it [the addition he consented to] except to marry her. R. Yehudah says: If he wishes, he writes to a virgin a deed of two manah, and she writes: I have received a manah from you." [Even though she did not receive it, she waives it and writes that she has received it.] R. Meir says: If one accords a virgin less than two manah, and a widow, less than one manah, his cohabitation is an adulterous one. [The halachah is in accordance with R. Meir in his decree.]

נוֹתְנִין לִבְתוּלָה שְׁנֵים עָשָׂר חֹדֶשׁ מִשֶּׁתְּבָעָהּ הַבַּעַל לְפַרְנֵס אֶת עַצְמָהּ. וּכְשֵׁם שֶׁנּוֹתְנִין לָאִשָּׁה, כָּךְ נוֹתְנִין לָאִישׁ לְפַרְנֵס אֶת עַצְמוֹ. וּלְאַלְמָנָה שְׁלֹשִׁים יוֹם. הִגִּיעַ זְמָן וְלֹא נִשָּׂאוּ, אוֹכְלוֹת מִשֶּׁלּוֹ וְאוֹכְלוֹת בַּתְּרוּמָה. רַבִּי טַרְפוֹן אוֹמֵר, נוֹתְנִין לָהּ הַכֹּל תְּרוּמָה. רַבִּי עֲקִיבָא אוֹמֵר, מֶחֱצָה חֻלִּין וּמֶחֱצָה תְרוּמָה:

A virgin is given twelve months [to the time of the chuppah] from the time he [the husband] solicited her [after he betrothed her, to give thought to the exigencies of the chuppah, to prepare her adornments.], to provision herself [with adornments for twelve months, it being written (Bereishith 24:55): "Let the maiden abide with us days." What is the intent of "days"? A year, it being written (Leviticus 25:9): "Within days (i.e., a year) he may redeem it." And just as the woman is given (time), so is the man given (time) to provision himself [for the needs of the wedding feast and the chuppah.] And a widow is given thirty days, [for she does not need to busy herself too much with adornments, already having them.] If the time arrived and they were not wed, [the groom delaying the wedding (Since the first part of the Mishnah was stated with reference to her, the second part was similarly stated)], she eats of his, and she eats terumah [if he is a Cohein and she is an Israelite. For from the time he betrothed her she eats terumah by Torah law, it being written (Leviticus 22:11): "And a Cohein, if he acquire a soul, the acquisition of his money," and she is "the acquisition of his money." It is just that the rabbis decreed re the daughter of an Israelite married to a Cohein that she not eat terumah, lest they pour her a cup (of terumah) in her father's house and she give her brothers and sisters to drink of it. But when the time (for her chuppah) arrived and she was not wed, when she eats of his, she does not eat in her father's house, but her husband, the Cohein, designates a place for her where he feeds her, so that there is no longer any need for decreeing lest she give her brothers and sisters to drink of a cup of terumah.] R. Tarfon says: She may be given all terumah [if he wishes, and when the days of her (niddah) uncleanliness arrive, she sells it and buys chullin (non-terumah).] R. Akiva says: (She is given) half-chullin [to eat in the days of her uncleanliness], half-terumah.

הַיָּבָם אֵינוֹ מַאֲכִיל בַּתְּרוּמָה. עָשְׂתָה שִׁשָּׁה חֳדָשִׁים בִּפְנֵי הַבַּעַל וְשִׁשָּׁה חֳדָשִׁים בִּפְנֵי הַיָּבָם, וַאֲפִלּוּ כֻלָּן בִּפְנֵי הַבַּעַל חָסֵר יוֹם אֶחָד בִּפְנֵי הַיָּבָם, אוֹ כֻלָּן בִּפְנֵי הַיָּבָם חָסֵר יוֹם אֶחָד בִּפְנֵי הַבַּעַל, אֵינָהּ אוֹכֶלֶת בַּתְּרוּמָה. זוֹ מִשְׁנָה רִאשׁוֹנָה. בֵּית דִּין שֶׁל אַחֲרֵיהֶן אָמְרוּ, אֵין הָאִשָּׁה אוֹכֶלֶת בַּתְּרוּמָה, עַד שֶׁתִּכָּנֵס לַחֻפָּה:

A yavam does not cause (a yevamah) to eat terumah [when she is still awaiting yibum, it being written (Leviticus 22:11): "And a Cohein, if he acquire a soul, the acquisition of his money," and she is the "acquisition of his brother.] If she spent six months before her husband, [six of these twelve months set aside for her after having been solicited by the husband] and six months before the yavam, or even all of them before the husband and six of them before the yavam, or even all of them before the husband and one of them before the yavam [Even though most of them were before the husband, there is a double reservation here: a) he was not obligated to feed her in his lifetime; b) even if he was obligated to feed her in his lifetime, she did not eat after his death, the "acquisition of his money," having been dissolved (but if all of them were before the husband, she could at least have eaten in his lifetime)], or all before the yavam less one day before the husband [and, it goes without saying, if all of them were before the yavam], she does not eat terumah. This is (in accordance with) the first Mishnah [that if the time arrives, she eats terumah]. The beth-din after them ruled: A woman does not eat terumah until she enters the chuppah. [For we fear lest he find a blemish in her, so that she be found to be a "stranger" (to the priesthood) retroactively and his "purchase" be a mistaken one. And according to the first Mishnah we do not entertain this apprehension. Neither do we fear that she might give her brothers and sisters to drink (a cup of terumah), for he (her husband) sets aside a place for her, for which reason they permitted her to eat terumah when the time arrived.]

הַמַּקְדִּישׁ מַעֲשֵׂה יְדֵי אִשְׁתּוֹ, הֲרֵי זוֹ עוֹשָׂה וְאוֹכֶלֶת. הַמּוֹתָר, רַבִּי מֵאִיר אוֹמֵר, הֶקְדֵּשׁ. רַבִּי יוֹחָנָן הַסַּנְדְּלָר אוֹמֵר, חֻלִּין:

If one consecrates (to the Temple) the handiwork of his wife, she works and eats, [for they instituted that he feed her in exchange for her handiwork, for which reason, according to all, she works and eats.] [If he consecrated] the surplus [of her handiwork, what she makes above and beyond what she needs for her food, and not the handiwork itself], R. Meir says: It is consecrated, [for he holds that one can consecrate something that has "not yet come to the world."] R. Yochanan Hasandler says: It is chullin (non-consecrated). [The halachah is not in accordance with R. Meir, but with R. Yochanan Hasandler, who says that it is chullin, for one cannot consecrate something that has "not yet come to the world."]

אֵלּוּ מְלָאכוֹת שֶׁהָאִשָּׁה עוֹשָׂה לְבַעְלָהּ, טוֹחֶנֶת, וְאוֹפָה, וּמְכַבֶּסֶת, מְבַשֶּׁלֶת, וּמֵנִיקָה אֶת בְּנָהּ, מַצַּעַת לוֹ הַמִּטָּה, וְעוֹשָׂה בַצֶּמֶר. הִכְנִיסָה לוֹ שִׁפְחָה אַחַת, לֹא טוֹחֶנֶת, וְלֹא אוֹפָה וְלֹא מְכַבֶּסֶת. שְׁתַּיִם, אֵינָהּ מְבַשֶּׁלֶת וְאֵינָהּ מֵנִיקָה אֶת בְּנָהּ. שָׁלֹשׁ, אֵינָהּ מַצַּעַת לוֹ הַמִּטָּה וְאֵינָהּ עוֹשָׂה בַצֶּמֶר. אַרְבָּעָה, יוֹשֶׁבֶת בַּקַּתֶּדְרָא. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אֲפִלּוּ הִכְנִיסָה לוֹ מֵאָה שְׁפָחוֹת, כּוֹפָהּ לַעֲשׂוֹת בַּצֶּמֶר, שֶׁהַבַּטָּלָה מְבִיאָה לִידֵי זִמָּה. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, אַף הַמַּדִּיר אֶת אִשְׁתּוֹ מִלַּעֲשׂוֹת מְלָאכָה, יוֹצִיא וְיִתֵּן כְּתֻבָּתָהּ, שֶׁהַבַּטָּלָה מְבִיאָה לִידֵי שִׁעֲמוּם:

These are the labors that a wife performs for her husband: she grinds [with a small hand mill. And if the mill is large, she does all that is necessary for the grinding, such as placing (the grain) in the hopper and collecting the meal.], she bakes, she washes, she cooks, she nurses her child, she makes his bed, and she works in wool. If she brought in to him one bondswoman [i.e., money or property with which to buy one bondswoman], she neither grinds, nor bakes nor washes. Two — she neither cooks nor nurses her child. Three — she neither makes his bed nor works in wool. Four — she sits on a cathedra [an easy chair, and she does not run errands for him — in spite of which she pours his cup for him and spreads his bed, and washes his face, hands, and feet. For these labors are not performed by another woman, but by one's own wife.] R. Eliezer says: Even if she brought in to him a hundred bondswomen, she is compelled to work in wool, for idleness leads to lust. R. Shimon b. Gamliel says: Also, one who, by vow, forbids his wife from working, must send her away and give her her kethubah, for idleness leads to shiamum [disorientation. The targum of (Deuteronomy 28:28): "timhon levav" (confusion of heart) is "sha'amimuth liba." R. Eliezer and R. Shimon b. Gamliel will differ with respect to a woman who is not idle, but who plays games — the lust factor obtaining; the shiamum factor not obtaining. For shiamum obtains only where one sits and wonders and is completely idle. The halachah is in accordance with R. Eliezer.]

הַמַּדִּיר אֶת אִשְׁתּוֹ מִתַּשְׁמִישׁ הַמִּטָּה, בֵּית שַׁמַּאי אוֹמְרִים, שְׁתֵּי שַׁבָּתוֹת. בֵּית הִלֵּל אוֹמְרִים, שַׁבָּת אֶחָת. הַתַּלְמִידִים יוֹצְאִין לְתַלְמוּד תּוֹרָה שֶׁלֹּא בִרְשׁוּת, שְׁלֹשִׁים יוֹם. הַפּוֹעֲלִים, שַׁבָּת אֶחָת. הָעוֹנָה הָאֲמוּרָה בַתּוֹרָה, הַטַּיָּלִין, בְּכָל יוֹם. הַפּוֹעֲלִים, שְׁתַּיִם בַּשַּׁבָּת. הַחַמָּרִים, אַחַת בַּשַּׁבָּת. הַגַּמָּלִים, אַחַת לִשְׁלֹשִׁים יוֹם. הַסַּפָּנִים, אַחַת לְשִׁשָּׁה חֳדָשִׁים, דִּבְרֵי רַבִּי אֱלִיעֶזֶר:

If one forbids his wife by vow from cohabitation [as when he says: "Let the enjoyment of your cohabitation be forbidden to me" (But if he says: "The enjoyment of my cohabitation is forbidden to you," she is not forbidden, for he is obligated to her, it being written (Exodus 21:10): "…and her (conjugal) time he shall not withhold")] — Beth Shammai say: Two weeks. [If he vowed thus, he must wait two weeks (before resuming relations); for thus do we find with a woman who gave birth to a female, that she is unclean for two weeks.] Beth Hillel say: One week. [For thus do we find with respect to a niddah, that she is unclean for seven days; and we derive what is common (a man's becoming angry with his wife and forbidding her by vow) from what is common (niddah, which is a common occurrence) — as opposed to childbirth, which is not that common. And Beth Shammai hold that we derive something which he causes (the vow of the man, which causes her to desist), from something that he causes (childbirth, which comes through him) — as opposed to niddah, which comes of itself. If (he forbids her) more than one week according to Beth Hillel, or more than two weeks according to Beth Shammai, he must send her away and give her her kethubah — even if he were a camel driver, whose conjugal time is once in thirty days, or a mariner, whose conjugal time is once in six months.] Torah scholars may leave for Torah study without (their wives') permission for thirty days. [This Mishnah is in accordance with R. Eliezer. The rabbis differ with him, saying that he may do so for two or three years. The halachah is in accordance with the sages.] Workers may do so for one week. The conjugal time mentioned in the Torah: tayalin [who have neither work nor business], every day; workers, twice a week; donkey drivers [who bring bundles on camels from afar], once in thirty days; mariners [who set sail on the Mediterranean], once in six months. These are the words of R. Eliezer. [And if in the beginning one were a tradesman whose conjugal time is frequent, and he wished to change to an occupation whose conjugal time is infrequent, his wife can prevent him — except if he desired to study Torah, one's wife not being able to prevent her husband, who was a tayal or a worker from becoming a Torah scholar.]

הַמּוֹרֶדֶת עַל בַּעְלָהּ, פּוֹחֲתִין לָהּ מִכְּתֻבָּתָהּ שִׁבְעָה דִינָרִין בַּשַּׁבָּת. רַבִּי יְהוּדָה אוֹמֵר, שִׁבְעָה טַרְפְּעִיקִין. עַד מָתַי הוּא פוֹחֵת, עַד כְּנֶגֶד כְּתֻבָּתָהּ. רַבִּי יוֹסֵי אוֹמֵר, לְעוֹלָם הוּא פוֹחֵת וְהוֹלֵךְ, שֶׁמָּא תִפּוֹל לָהּ יְרֻשָּׁה מִמָּקוֹם אַחֵר, גּוֹבֶה הֵימֶנָּה. וְכֵן הַמּוֹרֵד עַל אִשְׁתּוֹ, מוֹסִיפִין לָהּ עַל כְּתֻבָּתָהּ שְׁלֹשָׁה דִינָרִין בַּשַּׁבָּת. רַבִּי יְהוּדָה אוֹמֵר, שְׁלֹשָׁה טַרְפְּעִיקִין:

If one rebels against her husband [refusing to live with him, (But if she refuses to work, she is compelled to do so and she is not judged as a "rebel.")], seven dinars a week are deducted from her kethubah. R. Yehudah says: Seven tarpikin (a tarpik is half a dinar). Until when does he deduct. Until there remains nothing of her kethubah, [at which point he gives her a get and she leaves without a kethubah; but he does not detain her to deduct from the property that fell to her from her father's house and to cause her to lose it.] R. Yossi says: He can keep on deducting, so that if an inheritance falls to her from elsewhere, he can claim from it. Likewise, if one rebels against his wife, three dinars a week are added to her kethubah. R. Yehudah says: three tarpikin. [For conjugal denial is more painful for a man than for a woman. Therefore, if she rebels and causes him to suffer, seven dinars are deducted, whereas if he rebels and causes her to suffer, only three dinars are added. The gemara states that in the instance of the wife's rebellion it was ruled that proclamation be made against her four consecutive Sabbaths in the synagogues and the houses of study, saying: "This woman rebelled against her husband." And she is apprised by beth-din: "Be it known to you that even if your kethubah is one hundred manah, you will lose everything," whether she were betrothed or married; and even a niddah, and even one who were ill, and even one awaiting yibum. Before the proclamation they apprise her of their intention, and afterwards they apprise her that the proclamation has been completed. If she persists in her rebellion, she leaves without a kethubah.

הַמַּשְׁרֶה אֶת אִשְׁתּוֹ עַל יְדֵי שָׁלִישׁ, לֹא יִפְחֹת לָהּ מִשְּׁנֵי קַבִּין חִטִּין, אוֹ מֵאַרְבָּעָה קַבִּין שְׂעוֹרִים. אָמַר רַבִּי יוֹסֵי, לֹא פָסַק לָהּ שְׂעוֹרִים אֶלָּא רַבִּי יִשְׁמָעֵאל שֶׁהָיָה סָמוּךְ לֶאֱדוֹם. וְנוֹתֵן לָהּ חֲצִי קַב קִטְנִית וַחֲצִי לֹג שֶׁמֶן, וְקַב גְּרוֹגָרוֹת, אוֹ מָנֶה דְבֵלָה. וְאִם אֵין לוֹ, פּוֹסֵק לְעֻמָּתָן פֵּרוֹת מִמָּקוֹם אַחֵר. וְנוֹתֵן לָהּ מִטָּה, מַפָּץ, וּמַחֲצֶלֶת. וְנוֹתֵן לָהּ כִּפָּה לְרֹאשָׁהּ, וַחֲגוֹר לְמָתְנֶיהָ, וּמִנְעָלִים מִמּוֹעֵד לְמוֹעֵד, וְכֵלִים שֶׁל חֲמִשִּׁים זוּז מִשָּׁנָה לְשָׁנָה. וְאֵין נוֹתְנִין לָהּ, לֹא חֲדָשִׁים בִּימוֹת הַחַמָּה, וְלֹא שְׁחָקִים בִּימוֹת הַגְּשָׁמִים. אֶלָּא נוֹתֵן לָהּ כֵּלִים שֶׁל חֲמִשִּׁים זוּז בִּימוֹת הַגְּשָׁמִים, וְהִיא מִתְכַּסָּה בִבְלָאוֹתֵיהֶן בִּימוֹת הַחַמָּה, וְהַשְּׁחָקִים שֶׁלָּהּ:

If one feeds (hamashreh) his wife through a third party [through a caretaker, not eating together with her, (The targum of (II Kings 6:23): "And he prepared for them a great meal" is "sheiruta.")], he may not give her less than two kavs (measures) of wheat [a week], or four kavs of barley. R. Yossi said: Only R. Yishmael, who lived near Edom [where barley was especially inferior] stipulated barley [twice as much as wheat.] And he gives her half a kav of pulse, half a log of oil, a kav of dried figs, or a manah of d'veilah [figs trodden into a circle and sold by weight and not by measure.] And if he lacks these, he cuts her "matching fruits" from a different place. And he gives her a bed, mapetz [softer than machtzeleth] for her things, shoes from festival to festival [new shoes for all three festivals], and clothing worth fifty zuz from year to year. And she is not given new clothes [that are uncomfortable for her] in the summertime, [making her hot then, but being appropriate for the wintertime], nor worn clothes in the wintertime. But he gives her clothing worth fifty zuz in the wintertime, and she wears them in their worn state in the summertime, and the worn clothes are hers [even when he buys her new ones; for she wears them when she is a niddah.]

נוֹתֵן לָהּ מָעָה כֶסֶף לְצָרְכָּהּ, וְאוֹכֶלֶת עִמּוֹ מִלֵּילֵי שַׁבָּת לְלֵילֵי שַׁבָּת. וְאִם אֵין נוֹתֵן לָהּ מָעָה כֶסֶף לְצָרְכָּהּ, מַעֲשֵׂה יָדֶיהָ שֶׁלָּהּ. וּמַה הִיא עוֹשָׂה לוֹ, מִשְׁקַל חָמֵשׁ סְלָעִים שְׁתִי בִּיהוּדָה, שֶׁהֵן עֶשֶׂר סְלָעִים בַּגָּלִיל, אוֹ מִשְׁקַל עֶשֶׂר סְלָעִים עֵרֶב בִּיהוּדָה, שֶׁהֵן עֶשְׂרִים סְלָעִים בַּגָּלִיל. וְאִם הָיְתָה מֵנִיקָה, פּוֹחֲתִים לָהּ מִמַּעֲשֵׂה יָדֶיהָ, וּמוֹסִיפִין לָהּ עַל מְזוֹנוֹתֶיהָ. בַּמֶּה דְבָרִים אֲמוּרִים, בְּעָנִי שֶׁבְּיִשְׂרָאֵל. אֲבָל בִּמְכֻבָּד, הַכֹּל לְפִי כְבוֹדוֹ:

He gives her a ma'ah (a sixth of a dinar) of silver for her needs [every week for small purchases]. And she eats with him from Sabbath night to Sabbath night. [Even though all the other days he may feed her through a third party if he wishes, on Sabbath night, which is the night of the conjugal time, he must eat together with her.] And if he does not give her a ma'ah of silver for her needs, her handiwork belongs to her [the surplus of her handiwork, i.e., what she earns above and beyond (the cost of) her food] And what does she make for him? The weight of five selaim of warp in Judah, which are ten selaim in the Galil [The warp is twice as difficult to weave as the woof, and the weight of Judah is double that of the Galil.], and the weight of ten selaim of woof in Judah, which are twenty selaim in the Galil. And if she were nursing, we deduct from her handiwork and add it (that amount) for her food. To whom does this (reckoning) apply? To a poor man in Israel; but with an eminent man, all is in accordance with his honor [and also in accordance with the custom of the land.]