[S'il n'a pas écrit dans sa ketubah ], "Vous vivrez dans ma maison, et serez nourris de ma propriété, aussi longtemps que vous resterez veuve dans ma maison", il est, [néanmoins], obligé est [néanmoins ] en vigueur, car il s'agit d'une stipulation [fixe] [édictée] par le tribunal. [Ce qui précède] est ce que les hommes de Jérusalem écriraient [dans leur ketubot ]. Les hommes de Galilée écriraient comme les hommes de Jérusalem. [cependant] les hommes de Judée écriraient: "[Vous vivrez dans ma maison et serez nourris de ma propriété] jusqu'à ce que les héritiers veuillent vous donner [le montant de] votre ketubah ." Par conséquent, si les héritiers le souhaitent, ils [peuvent] lui donner [le montant de] sa ketubah et la renvoyer.
Bartenura on Mishnah Ketubot
מיגד אלמנותיך – during your widowhood.
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English Explanation of Mishnah Ketubot
Introduction
This mishnah discusses the right of the wife to remain in her husband’s home after his death and to be maintained by his estate. The woman does not have this right once she has actually collected her ketubah money. As we shall see in our mishnah, there were different customs as to whether or not the heirs could force her to take her ketubah and leave their father’s household.
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Bartenura on Mishnah Ketubot
אנשי יהודה כותבין כו' – but the Halakha is not like the men of Judea but rather, all the while that she is not married and she did not claim her Ketubah in the Jewish court, she is supported from her husband and lives in the house that she lived in during the life of her husband, and uses all the utensils that she would use during the life of her husband.
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English Explanation of Mishnah Ketubot
If he did not write for her, “You shall live in my house and be maintained from my estate throughout the duration of your widowhood”, he is nevertheless liable, because [this clause] is a condition laid down by the court. When a husband dies, his wife may remain in his house and continue to receive maintenance money from his estate. This right is guaranteed, whether or not it is written in the ketubah. The woman only loses this right when she claims her ketubah.
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English Explanation of Mishnah Ketubot
Thus did the men of Jerusalem write. The men of Galilee wrote as did the men of Jerusalem. The men of Judea used to write: “Until the heirs wish to pay you your ketubah”. Therefore if the heirs wish to, they may pay her her ketubah and dismiss her. The men of Jerusalem and Galilee wrote as was described in section one. However, the men of Judea “Until the heirs wish to pay you your ketubah” instead of “throughout the duration of your widowhood”. This means that the heirs may also take the initiative. If they wish to pay her her ketubah and cease the maintenance payments, they may. [She, of course, can also take the initiative and request her ketubah]. In contrast, according to the version written in section one, if the heirs wish to pay her the ketubah and stop maintenance payments, and she doesn’t agree, they may not do so. Only she can make that decision.
