Se alguém se rebela contra o marido [recusando-se a morar com ele, (mas se ela se recusar a trabalhar, é obrigada a fazê-lo e não é julgada como "rebelde")]], sete dinares por semana são deduzidos de sua kethubah . R. Yehudah diz: Sete tarpikin (um tarpik é meio dinar). Até quando ele deduz. Até que não resta nada de sua kethubah, [nesse ponto ele a dá uma chance e ela sai sem uma kethubah; mas ele não a impede de deduzir da propriedade que caiu da casa de seu pai e fazê-la perdê-la.] R. Yossi diz: Ele pode continuar deduzindo, de modo que se uma herança lhe cair de outro lugar, ele pode reivindicar disso. Da mesma forma, se alguém se rebela contra sua esposa, três dinares por semana são adicionados ao seu kethubah. R. Yehudah diz: três tarpikin. [A negação conjugal é mais dolorosa para um homem do que para uma mulher. Portanto, se ela se rebela e faz com que ele sofra, sete dinares são deduzidos, enquanto que se ele se rebela e faz com que ela sofra, apenas três dinares são adicionados. A gemara afirma que, no caso da rebelião da esposa, foi decidido que se proclamasse contra seus quatro sábados consecutivos nas sinagogas e nas casas de estudo, dizendo: "Esta mulher se rebelou contra o marido". E ela é apreciada por beth-din: "Se você sabe que mesmo que sua cetubá seja cem manah, você perderá tudo", seja ela noiva ou casada; e até um niddah, e até um doente, e até um que espera yibum. Antes da proclamação, eles a informam de sua intenção e depois a informam que a proclamação foi concluída. Se ela persistir em sua rebelião, ela sai sem um kethubah.
Bartenura on Mishnah Ketubot
המורדת – from providing sexual relations, but from work, we force her to do work and we don’t judge her as rebellious.
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English Explanation of Mishnah Ketubot
Introduction
This first part of the mishnah deals with a wife who refuses to provide for her husband one of the things that she is obligated to him. This could either refer to one of the labors listed in mishnah five, or it may refer to a wife who refuses to sleep with her husband. The second half refers to a husband who does not provide his wife with one of the things that he is obligated to give to her.
I should note that this mishnah and other related sources has been an issue of much controversy throughout Jewish history and continues to extremely controversial today. It ties into the issue of a woman’s ability to force her husband to divorce her. Briefly, the conclusion of the Talmud is that if after twelve months the woman continues to refuse to act as a wife to her husband, the court forces him to divorce her, but she loses her ketubah. The Geonim, the rabbis who came after the Talmud, made a famous enactment that the husband is forced to divorce her immediately. Some Geonim ruled that she receives part of her ketubah. Early post-Geonic scholars ruled similar to the Geonim, until Rabbenu Tam, a 12th century French talmudic commentator, ruled that the court can never force a husband to divorce his wife. Within a few centuries this became the unanimous opinion amongst halakhic experts. Today we are left with the serious problem of a husband who refuses to divorce his wife.
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Bartenura on Mishnah Ketubot
טרפעיקין – Every half a denar (Quinarius – see Talmud Ketubot 64a) is a weight of forty-eight barley-corns of refined silver according to the weight of three Darkmonim which is called DRAHAS in Arabic, as each Darkmon is sixteen intermediate barley-corns of silver.
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English Explanation of Mishnah Ketubot
If a wife rebels against her husband her ketubah is reduced by seven denarii a week. Rabbi Judah says: seven tropaics. If a husband claims that his wife is not fulfilling her duties he must bring her to court and the court will impose upon her a reduction of seven denarii per week of her rebellion. Rabbi Judah says that it is reduced by seven tropaics, each tropaic being half of a denar.
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Bartenura on Mishnah Ketubot
עד כנגד כתובתה – and afterwards he gives her a Jewish bill of divorce and she leaves without the Ketubah settlement but he doesn’t restrain her in order to lessen on the property that fell to her from her father’s house and to cause her to lose out.
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English Explanation of Mishnah Ketubot
How long does he continue to reduce? Until the amount of her ketubah. Rabbi Yose says: he may continue to reduce, and if she receives an inheritance he may collect from it. According to the first opinion, the reduction of her ketubah continues until it reaches the total amount of her ketubah. At this point he must divorce her and he does not pay anything to her. Note that he doesn’t begin to reduce from the dowry which he must return to her upon the dissolution of the marriage. The reduction is only made in the amount that he is obligated to give her (200/100 minimum) from his own pocket. Rabbi Yose holds that he continues to take away her property. He would reduce from the amount of money she brought into the marriage and then continue to reduce against any potential future inheritance. In other words, according to Rabbi Yose he is never obligated to divorce his wife.
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Bartenura on Mishnah Ketubot
מוסיפין על כתובתה שלשה דינרים – because of the pain that a difficult man that he is prevented from sexual intercourse more than the pain of his wife. Therefore, when she rebels and causes him pain, we decrease her [Ketubah] by seven Denarim, but when he rebels and causes her pain, we don’t increase [the Ketubah] to her other than by three Denarim, and where she rebels, we state in the Gemara (Talmud Ketubot 63b) took a second note and an announcement regarding her shall be made on four consecutive Sabbaths and that then the court shall send her [the following warning]: ‘Be it known to you that even if your Ketubah is for one hundred Maneh, you have forfeited it.’ The same [law is applicable] to a betrothed or married woman and even to a menstruant [and even to a sick woman] and even to one awaiting the decision of the levir. But prior to the announcement, they inform her that they want to make an announcement about her and after the announcement, they inform her that she has already fulfilled the announcement, and if she stood in her rebellion, she would be divorced without her Ketubah settlement.
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English Explanation of Mishnah Ketubot
Similarly, if a husband rebels against his wife, an addition of three denarii a week is made to her ketubah. Rabbi Judah said: three tropaics. This section teaches that a similar process occurs with a husband. If he rebels against her, the amount of her ketubah is increased. However, the increase is smaller than the corresponding decrease. According to the Talmud, the seven reduced from the ketubah corresponds to the seven labors that she is obligated to him and the three is added to his ketubah to correspond to the three things he owes her, food, clothing and conjugal rights.
