Ketubot 6

מְצִיאַת הָאִשָּׁה וּמַעֲשֵׂה יָדֶיהָ, לְבַעְלָהּ. וִירֻשָּׁתָהּ, הוּא אוֹכֵל פֵּרוֹת בְּחַיֶּיהָ. בָּשְׁתָּהּ וּפְגָמָהּ, שֶׁלָּהּ. רַבִּי יְהוּדָה בֶן בְּתֵירָא אוֹמֵר, בִּזְמַן שֶׁבַּסֵּתֶר, לָהּ שְׁנֵי חֲלָקִים, וְלוֹ אֶחָד. וּבִזְמַן שֶׁבַּגָּלוּי, לוֹ שְׁנֵי חֲלָקִים, וְלָהּ אֶחָד. שֶׁלּוֹ, יִנָּתֵן מִיָּד. וְשֶׁלָּהּ, יִלָּקַח בָּהֶן קַרְקַע, וְהוּא אוֹכֵל פֵּרוֹת:

The metziah of a woman [i.e., what she finds] and her handiwork belong to her husband, and her inheritance [i.e., if an inheritance fell to her], he eats fruits in her lifetime. Her bosheth (payment for shame) and her p'gam (her injury, the depreciation in her worth — her market value (as a bondswoman) before (her injury) less her market value now] (these) belong to her. R. Yehudah b. Betheirah says: When it (the injury) is in a hidden place, she receives two-thirds and he one-third; and when it is visible, he receives two-thirds and she one-third. [For the shame is his, and, what is more, she becomes repugnant to him and he bears it.] His share is given immediately, and for her share, land is bought and he eats fruits [in her lifetime, and the principal belongs to her, to revert to her when he dies or when he divorces her. And if she dies, he inherits her. The halachah is in accordance with R. Yehudah.]

הַפּוֹסֵק מָעוֹת לַחֲתָנוֹ, וּמֵת חֲתָנוֹ, אָמְרוּ חֲכָמִים, יָכוֹל הוּא שֶׁיֹּאמַר, לְאָחִיךָ הָיִיתִי רוֹצֶה לִתֵּן, וּלְךָ אִי אֶפְשִׁי לִתֵּן:

If one committed money to his son-in-law, and his son-in-law died, [and she fell before the yavam], the sages said: He can say: "To your brother, I desired to give; to you, I do not desire to give." [Either give her chalitzah or take her in yibum (whereas with his brother, he either gives what he had committed or she sits (unmarried) until her hair turns grey.) And even if his brother were an am ha'aretz (unlearned) and he were a Torah scholar, he can still say: "To your brother, I desired to give; to you, I do not desire to give."]

פָּסְקָה לְהַכְנִיס לוֹ אֶלֶף דִּינָר, הוּא פוֹסֵק כְּנֶגְדָּן חֲמִשָּׁה עָשָׂר מָנֶה. וּכְנֶגֶד הַשּׁוּם, הוּא פוֹסֵק פָּחוֹת חֹמֶשׁ. שׁוּם בְּמָנֶה וְשָׁוֶה מָנֶה, אֵין לוֹ אֶלָּא מָנֶה. שׁוּם בְּמָנֶה, הִיא נוֹתֶנֶת שְׁלֹשִׁים וְאֶחָד סֶלַע וְדִינָר. וּבְאַרְבַּע מֵאוֹת, הִיא נוֹתֶנֶת חֲמֵשׁ מֵאוֹת. מַה שֶּׁחָתָן פּוֹסֵק, הוּא פוֹסֵק פָּחוֹת חֹמֶשׁ:

If she committed herself to bring in to him (as dowry) one thousand dinars, he designates them as fifteen manah. [One thousand dinars are ten manah; and when the groom comes to accept it and to write it in the kethubah, he writes one-third more, which is fifteen manah (If the bride brought in to him actual dinars; for he earns through them.)] And relative to assessment, he designates a fifth less. [If she brought in to him clothing and jewelry which need to be assessed, he writes (in the kethubah) a fifth less (than the assessment). For example, if she brought in an assessment of one thousand zuz, he acknowledges only eight hundred. For it is the practice of the assessors of the bride's property to assess it at more than its worth to lend distinction to the bride and to endear her to her husband.] If the assessment were a manah and the worth a manah, [that is, if they assessed the bride's property at its actual worth in the marketplace], he has only one manah. [They write in the kethubah only a manah, as they assessed it.] (For) an assessment of a manah, she gives thirty-one sela and a dinar. [For an assessment that he accepts as a manah, i.e., where they told him: Write a manah in the kethubah, and she will bring in to you the worth of a manah, it must be assessed in the bridal chamber as thirty-one sela and a dinar, which is a manah and a fifth.] And for four manah, she gives five manah. [When the groom took upon himself to write four manah, she gives five manah according to the estimate of the assessors.] Whatever the groom writes, he writes a fifth less. [If they assessed it first, and she brought it in to him, whether a small assessment or a large one, he writes a fifth less.]

פָּסְקָה לְהַכְנִיס לוֹ כְסָפִים, סֶלַע כֶּסֶף נַעֲשֶׂה שִׁשָּׁה דִינָרִים. הֶחָתָן מְקַבֵּל עָלָיו עֲשָׂרָה דִינָרִין לַקֻּפָּה, לְכָל מָנֶה וּמָנֶה. רַבָּן שְׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, הַכֹּל כְּמִנְהַג הַמְּדִינָה:

If she committed herself to bring in silver to him, [actual dinars with which he can trade immediately], a sela of silver [which is four dinars] becomes six dinars. [It is written into the kethubah as six dinars, an addition of a third. The tanna hereby apprises us that with actual dinars, whether they be many (such as the "thousand dinars" [6:2] or few (such as the "sela" here), they are always written into the kethubah at a third more, for they are immediately negotiable. And with things that require assessment, such as clothing and jewelry, whether they be many (as in "and relative to the assessment" [6:2], which refers to the thousand zuz mentioned above) or few (as in "for an assessment of a manah" [6:3]), she gives thirty-one sela and a dinar. In the kethubah, we always write a fifth less than the assessment of the bridal chamber. In this connection, it makes no difference whether it was assessed first and then came to be written into the kethubah, in which instance we must deduct in the kethubah a fifth of the assessment of the bridal chamber (as we learned [6:3]: "Whatever the groom writes, etc.,") or whether he writes the kethubah first, in which instance the assessment must be a fifth more than what is written in the kethubah (as we learned [Ibid.]: "And for a four manah assessment, she gives five manah.")] The groom takes it upon himself to give to the "fund" twenty dinars for every manah [i.e., to give her ten zuz for every manah that she brings him, with which to buy spices and perfumes. Our Mishnah does not specify whether every week, every month, or every year.] R. Shimon b. Gamliel said: "All is in accordance with the custom of the land.

הַמַּשִּׂיא אֶת בִּתּוֹ סְתָם, לֹא יִפְחֹת לָהּ מֵחֲמִשִּׁים זוּז. פָּסַק לְהַכְנִיסָהּ עֲרֻמָּה, לֹא יֹאמַר הַבַּעַל כְּשֶׁאַכְנִיסָהּ לְבֵיתִי אֲכַסֶּנָּה בִכְסוּתִי, אֶלָּא מְכַסָּהּ וְעוֹדָהּ בְּבֵית אָבִיהָ. וְכֵן הַמַּשִּׂיא אֶת הַיְתוֹמָה, לֹא יִפְחֹת לָהּ מֵחֲמִשִּׁים זוּז. אִם יֵשׁ בַּכִּיס, מְפַרְנְסִין אוֹתָהּ לְפִי כְבוֹדָהּ:

If one marries his daughter without specifying [how much he will give her], he may not give her less than fifty zuz. If he stipulated to marry her off "naked," the husband may not say: "When I bring her into my home, I will clothe her in my garments" (i.e., in the garments that I shall provide for her), but he must clothe her while she is yet in her father's house. Likewise, one [i.e., the charity overseer] who marries off an orphan may not give her less than fifty zuz. If there are (funds) in the "pocket" (of charity), they provide her in accordance with her honor.

יְתוֹמָה שֶׁהִשִּׂיאַתָּה אִמָּהּ אוֹ אַחֶיהָ מִדַּעְתָּהּ, וְכָתְבוּ לָהּ בְּמֵאָה אוֹ בַחֲמִשִּׁים זוּז, יְכוֹלָה הִיא מִשֶּׁתַּגְדִּיל לְהוֹצִיא מִיָּדָן מַה שֶּׁרָאוּי לְהִנָּתֵן לָהּ. רַבִּי יְהוּדָה אוֹמֵר, אִם הִשִּׂיא אֶת הַבַּת הָרִאשׁוֹנָה, יִנָּתֵן לַשְּׁנִיָּה כְדֶרֶךְ שֶׁנָּתַן לָרִאשׁוֹנָה. וַחֲכָמִים אוֹמְרִים, פְּעָמִים שֶׁאָדָם עָנִי וְהֶעֱשִׁיר אוֹ עָשִׁיר וְהֶעֱנִי, אֶלָּא שָׁמִין אֶת הַנְּכָסִים וְנוֹתְנִין לָהּ:

If an orphan were married off by her mother or her brothers by her consent, and they wrote to her (a dowry of) a hundred or fifty zuz, she can, when she comes of age, take from them what was rightfully hers [a tenth of the inheritance]. R. Yehudah says: If he [the father] married off the first daughter [in his lifetime], the second is given what was given to the first [whether less or more than a tenth. The halachah is in accordance with R. Yehudah, that we follow the father's judgment. And if we cannot ascertain what that judgment was, she is given a tenth of the property extant at the time of her marriage — from land, but not from chattel. (There are those who hold that today she is given a tenth of chattel, too.) And if at the time of her marriage she did not claim it from the heirs, she may claim it after her marriage, and we do not say that she waives it to them. And this applies only when she is fed from her father's property; but if the heirs ceased feeding her, (it is assumed that) she waived it, unless she indicated otherwise. And if she were a bogereth, who is not fed by them, and she got married without claiming what was due her as dowry from her father's property, (it is assumed that) she waived it to the heirs, and she can no longer claim it, even if she were fed from their property.] The sages say: Sometimes a poor man grows wealthy and a wealthy man grows poor. Rather, the property is assessed, and (her share) is given her.

הַמַּשְׁלִישׁ מָעוֹת לְבִתּוֹ, וְהִיא אוֹמֶרֶת נֶאֱמָן בַּעְלִי עָלָי, יַעֲשֶׂה הַשָּׁלִישׁ מַה שֶׁהֻשְׁלַשׁ בְּיָדוֹ, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יוֹסֵי אוֹמֵר, וְכִי אֵינָהּ אֶלָּא שָׂדֶה וְהִיא רוֹצָה לְמָכְרָהּ, הֲרֵי הִיא מְכוּרָה מֵעַכְשָׁיו. בַּמֶּה דְבָרִים אֲמוּרִים, בִּגְדוֹלָה. אֲבָל בִּקְטַנָּה, אֵין מַעֲשֵׂה קְטַנָּה כְלוּם:

If one deposits money for his daughter [If he deposits money with a third party for is daughter's needs, to buy her a field or dowry when she marries], and she says: "I trust my husband" [i.e., Give the money to him], the third party does as he was instructed. [He buys the field, and she is not heeded, for it is a mitzvah to fulfill the behest of one who has died.] These are the words of R. Meir. R. Yossi says: Is it not only a field? If she wished to sell it, she could sell it now. [That is, even if the field had already been bought and she wished to sell it, she could do so. Therefore, we heed her.] When is this so, when she is of age; but if she were a minor, the act of a minor is of no import. [R. Yossi and R. Meir differ only vis-à-vis one who is of age, during betrothal. For after she has been wed, all agree that she is heeded. And in respect to a minor, too, R. Yossi agrees that the act of a minor is of no import and she is not heeded. The halachah is in accordance with R. Meir.]