Un mema'eneth (celui qui "refuse" son mariage quand elle devient majeure), un sh'niyah (l'une des relations illicites "secondaires", interdite par les scribes), et un eilonith (celui qui ne peut pas supporter) n'a ni kethubah [(a mema'eneth, puisqu'elle part d'elle-même; a sh'niyah —pénalisé par les rabbins pour l'avoir poussé à l'épouser. Car elle ne perd rien par le mariage, n'en étant pas rendue inapte et son enfant étant kasher; Eilonith—un "achat erroné")], ni des fruits [Il n'est pas fait pour payer les fruits mangés par lui], ni de la nourriture [Si elle a emprunté et mangé encore avec lui, puis "refusé", le mari n'est pas tenu de Payer; mais il est tenu de la nourrir quand elle est encore avec lui. Mais il n'est pas obligé de nourrir la sh'niyah et l'eilonith quand ils sont encore avec lui, et, il va sans dire, que s'ils ont emprunté et mangé, le mari n'est pas tenu de payer.], Ni belaoth (porté- out vêtements) [qui ont été perdus ou entièrement portés, que ce soit de nichsei melog ou de nichsei tzon-barzel. Les mema'eneth ne peuvent pas les réclamer de son mari. Mais son belaoth existant, elle prend toujours—qu'elle soit une mema'eneth, une sh'niyah ou une eilonith. Et même si elle était adultère, elle ne perd pas son belaoth existant. Une sh'niyah n'a pas de belaoth de nichsei melog, mais elle a belaoth de nichsei tzon-barzel.] Et s'il l'a épousée au début, sachant qu'elle était une eilonith, elle a une kethubah. Une veuve (mariée) à un grand prêtre, une divorcée et une chalutzah à un prêtre ordinaire, un mamzereth et un Nethinah à un Israélite, et la fille d'un Israélite à un Nathin et un mamzer ont une kethubah.
Bartenura on Mishnah Ketubot
השנייה – incest of second degree which is from the enactments of the Soferim.
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English Explanation of Mishnah Ketubot
Introduction
The last mishnah of our chapter deals with cases where a marriage was prohibited or was ended by the wife’s refusal of the marriage or by her being found to be an aylonit. To remind ourselves, a girl who is married off by her brothers or mother when she is a minor may refuse the marriage when she becomes of majority age.
An aylonit is a woman who never reaches puberty. Categorically she cannot have children (a woman who can have children cannot be called an aylonit). In both of these cases the marriage is annulled.
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Bartenura on Mishnah Ketubot
אין להם כתובה – [worth] a Maneh or two hundred. She refuses because she leaves on her own. The second decree [incest] is fined by the Rabbis because she persuades him to marry her and she doesn’t lose anything in her marriage, for she is not made ritually invalid through them and her offspring is ritually valid. A sterile woman/incapable of conception [does not receive her Ketubah] because it is a business transaction in error.
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English Explanation of Mishnah Ketubot
[A minor] who refused her husband, a secondary incest prohibition, or an aylonit is not entitled to a ketubah or to the usufruct [of her dowry] or to maintenance, or to the worn-out articles [of her dowry]. If from the outset he had married on the understanding that she is an aylonit she is entitled to a ketubah. The rule in all of these cases is that the woman does not receive a ketubah, nor is the husband liable to pay for her maintenance, nor does she receive the usufruct from her dowry which he used while they were married, nor does she receive compensation for things that she brought into her marriage which her husband has used up. In other words she gets no financial benefits from her husband that would accrue to her by being married to him, nor does he does have to return to her any benefits that he received during the marriage. The girl who refused the marriage loses her benefits because by refusing the marriage she is in essence annulling it. The aylonit loses her benefits because her marriage is considered to be mistaken. That is to say, since the man didn’t know that she was an aylonit and had he known he would not have married her, the marriage is annulled. That is why in the next section the mishnah states that had he married her knowing that she was an aylonit, he is obligated to give her a ketubah. The secondary incest prohibitions (see Yevamot 2:4) do not receive a ketubah because the Sages fine them for not having observed the laws of incest. Below we shall see that these fines exist only for those who transgress rabbinic marital prohibitions but not Biblical ones.
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Bartenura on Mishnah Ketubot
ולא פירות – the usufruct that the husband consumed we don’t remove from him.
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English Explanation of Mishnah Ketubot
A widow who was married to a high priest, a divorced woman or a halutzah who was married to a regular priest, a mamzereth or a netinah who was married to an Israelite, or the daughter of an Israelite who was married to a Natin or a mamzer is entitled to a ketubah. The prohibitions in this mishnah are called “prohibitions of holiness” in Yevamoth 2:4. Even though all of these marriages were prohibited, the women still receive their ketuboth, and according to the Talmud they also receive all of the other benefits listed in this mishnah. What is seemingly strange here is that although the prohibitions in this section are from the Torah and those in the previous section of the mishnah are only rabbinic prohibitions, in these latter cases the woman is not fined whereas in the former cases she was. The answer is that the rabbis felt the need to strengthen their own prohibitions with penalties; a woman who marries a man prohibited to her only through rabbinic law does not receive benefits. Hence she will not agree to be married in such a case. In contrast, Biblical prohibitions are sufficiently strong to stand on their own, without additional sanctions. Hence, these women do receive the benefits.
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Bartenura on Mishnah Ketubot
ולא מזונות – an example such as if she borrowed and consumed while still under him (i.e., his domain) and afterwards, refused [to be married to him], the husband is not liable for her support while she is under him (i.e., in his domain), and the second degree [incest] and the woman incapable of conception/sterile have no support while they are under him and all the more so, if they borrowed and consumed for the husband is not obligated to pay.
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Bartenura on Mishnah Ketubot
ולא בלאות – that were lost or worn out completely whether from the usufruct (the wife’s estate of which the husband has the fruition without responsibility for loss or deterioration) or from the wife’s estate held by her husband, which in case of her death or divorce, he must restore in specie, being responsible with all his landed property for loss or deterioration (i.e. mort-main), the woman who refuses to marry her husband cannot remove from them from the hand of her husband but the worn-out garments (or the woman’s right to claim compensation for the wear or ruin of the things which she brought along as her property, whether she refuses him in marriage or is second-degree of incest or is a sterile woman, and even if she ran about as a prostitute, she does not lose her worn-out garments/claim for compensation for the wear or ruin of things which she brought along as her property, but the woman charged with second-degree incest has no claim for compensation for the wear or ruin of things which she brought along as her property of the usufruct, but she does have the compensation for wear or ruin of things of the mort-main.
