Talmud sur Ketoubot 5:10

There, we have stated⁵⁸Mishnah ‘Arakhin 6:1. The argument refers to the part of the Mishnah which is not quoted: “The public sale of orphans’ property goes on for 30 days, the public sale of Temple property goes on for 30 days, and one publicly announces mornings and evenings. If somebody dedicates his property while the lien if favor of a wife’s ketubah was in effect, Rebbi Eliezer says, if he would divorce her, he has to make her vow not to have any usufruct from him; Rebbi Joshua says, it is not necessary. Similarly, Rabban Simeon ben Gamliel says regarding a guarantor of a woman’s ketubah whose husband divorces her, that he shall make him execute a vow of usufruct lest he could plot against his property and take his wife back.”: “The public sale of orphans’ property⁵⁹The administrator of an estate whose beneficiaries are underage can sell real estate to satisfy claims against the estate only under supervision by the court. There has to be a 30 day public notice of the land being up for sale; at the end of the period the parcel is sold to the highest bidder. goes on for 30 days, the public sale of Temple property⁶⁰Sale of real estate donated to the Temple. goes on for 30 days, and they are publicly announed mornings and evenings.” Rebbi Mana said, Rebbi Eliezer is afraid of trickery⁶¹If the wife has to vow not to have any future usufruct from her past husband in order to collect her ketubah from the Temple, she cannot remarry him. R. Eliezer suspects that a husband who donates his property to the Temple might want to get it back by divorcing his wife, waiting until she has collected her ketubah, then remarrying her and receiving the ketubah money as dowry., Rebbi Joshua is not afraid of trickery. Rebbi Yose ben Rebbi Abun said, Rebbi Eliezer follows the House of Shammai and Rebbi Joshua the House of Hillel⁶²He disagrees with R. Mana and holds that their differences are systemic. This is the only opinion quoted in the Babli, ‘Arakhin 23a.. Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may ask about his dedication; could he say that he does not have to vow usufruct?⁶³This text seems to be corrupt. Since in our Mishnah, the House of Shammai hold that dedication in error is valid, it is clear that they must hold that a vow of dedication cannot be abrogated by an Elder (cf. Nedarim, Introduction p. 422, Chapter 9). Therefore, the text must read: דְּבֵית שַׁמַּי אוֹמְרִים. אֵיו אָדָם נִשְׁאַל עַל הֶקְדֵּשׁוֹ. וְהוּא דַהֲוָה אָמַר. אֵינוֹ צָרִיךְ לְהַדִיר הֲנָייָה. וּדְרִבִּי יְהוֹשֻׁעַ כְּבֵית הִלֵּל. דְּבֵית הִלֵּל אוֹמְרִים. אָדָם נִשְׁאַל עַל הֶקְדֵּשׁוֹ. וְהוּא דַהֲוָה אָמַר. צָרִיךְ לְהַדִיר הֲנָייָה. “Rebbi Eliezer follows the House of Shammai, since the House of Shammai say, a person may not ask about his dedication; could he say that he does not have to vow ususfruct? Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may ask about his dedication; could he say that he has to vow usufruct?” The “vow of usufruct” is a vow never to have any usufruct from the person designated in the vow. Rebbi Joshua follows the House of Hillel, since the House of Hillel say, a person may not ask about his dedication; could he say that he has to vow usufruct⁶⁴Since he could ask an Elder about his vow, he does not need any tricks.? In any case, could not a man ask about his vow of usufruct?⁶⁵R. Eliezer should agree that a man who cannot have his dedication annulled may try to have his vow of usufruct annulled. Rebbi Joshua agrees that a guarantor must execute a vow of usufruct⁶⁶R. Joshua will agree that the husband of a woman whose ketubah is collected from a third party has to promise never to take her back. It is not that the guarantor has to vow; he has to ask the divorcing couple for their vows.. What does Rebbi Joshua say about a gift? Since he gives voluntarily, he does not have to vow usufruct, or since [the recipient’s] power is small and [the donor] may change his mind, does he have to vow usufruct? Let us hear from the following: The husband of a relative of Rebbi Ḥaggai owed on a document⁶⁷Greek χάρτης, Latin charta, “papyrus, roll of papyrus”.. The creditor came and foreclosed. The case⁶⁸After the foreclosure, the husband divorced his wife and she went to court to foreclose on the foreclosed parcel since the lien of her ketubah preceded the creditor’s loan document. came before Rebbi Aḥa, who said, he⁶⁹The husband owes a vow of usufruct which will forbid him to remarry his wife in order to permit the wife to collect her ketubah. owes a vow of usufruct. Rebbi Yose said, he does not have to vow usufruct. The colleagues said before Rebbi Aḥa [and] Rebbi Yose: Does Rebbi Aḥa say it correctly? Since if he takes her back, does not the creditor come and foreclose⁷⁰If the husband should remarry his divorcee, would not her property become the husband’s property as dowry, and could not the creditor then foreclose it for his claim? It seems that the creditor loses nothing if there is no vow.? Rebbi Yose said to them, she turns it into jewelry or keeps it as additions to her dowry⁷¹Cf. Ketubot 5:10, Note 218. Before the marriage, they sign a stipulation that the husband shall have no rights to the property. Then the creditor would be left without recourse.. Rebbi Ḥaggai said, by Moses! Rebbi Yose says it correctly. It was executed following Rebbi Aḥa⁷²In this and similar cases, the husband has to deliver a vow which forbids him any future usufruct from his divorcee..

HALAKHAH: “This is more severe regarding a human than an ox,” etc. “A person who hits his father or mother,” etc. It was stated⁴³A similar statement is in Mekhilta dR. Ismael, Neziqin 9.: If the witnesses said, we testify that X blinded both of his eyes simultanously, or that he knocked out two of his teeth simultaneously, he does not have to pay anything. One after the other, he gains his freedom by the first and he pays him damages for the second⁴⁴Ex. 21:26–27 states that a slave gains his freedom if his master blinds him or knocks out one of his teeth. If the master injures the slave repeatedly, the slave gains his freedom by the first injury and, therefore, can claim full payment for the second as a free Jew (Babli Giṭṭin 42b). But if a double injury was inflicted in one blow, the slave was not free and has no claim beyond his automatic freedom.. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that one estimates embarrassment for slaves⁴⁵Since there is no exception made for shame in the previous statement.
The statement is difficult to understand since at the moment of the second injury the slave already is a free Jew rather than a slave. As R. Eliahu Fulda points out, it also is superfluous since R. Joḥanan always follows the anonymous Mishnah as practice. Since the Yerushalmi is so elliptic, it may not be excluded that it follows the Babli (Giṭṭin 42b) in holding that the slave is automatically free only for eye and tooth which are mentioned in the verse, but for other injuries for which the court will force the slave’s freedom a bill of manumission would be required. Then R. Abbahu’s statement becomes relevant for the case of a slave in his period between servitude and freedom.. ⁴⁶A text similar to the remainder of this paragraph is in Ketubot 5:5, Notes 120–130. Rebbi La in the name of Rebbi Joḥanan: If a person dedicates his earnings, he dedicates everything⁴⁷Everything he earns automatically is Temple property; he cannot take anything to feed himself but has to beg his sustenance from others. Tosephta ‘Arakhin 3:8 does not support this statement.. If he dedicates the earnings of his slave, he⁴⁸The slave can support himself from his own earnings; only the excess becomes Temple property; Tosephta ‘Arakhin 3:8, Babli Giṭṭin 12a. can take from there his upkeep and the remainder is dedicated. Here you say, the remainder is dedicated, but there you say, everything is holy. Rebbi Aḥa said, Jews are more obligated to support free people than slaves⁴⁹Slaves would not be able to feed themselves from alms.. But did not Rebbi Joḥanan say: If somebody cuts off the hands of somebody else’s slave, his master collects damages, suffering, medical costs, loss of earnings, and embarrassment, and that one should be supported by welfare⁵⁰Babli Giṭṭin 12b.. Rebbi Aḥa said, Jews are more obligated to support amputated slaves than unimpaired ones. But did not Rebbi Joḥanan also give to his slave when he ate meat? Give also to his slave when he drank wine? And recited for himself the verse⁵¹Job 31:15.: “Did not His maker make me in the womb”? They said, there a rule of law, here a rule of mercy.