Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER IV.

§ 1. [Of] a damsel who has been seduced, the [compensation for] disgrace and deterioration, and the fine belong to her father, and likewise [the compensation] for [bodily] pain [of her] who has been ravished. If the cause was brought before the tribunal previous to her father's death, [the damages] belong to her father. Should the father die, they belong to her brethren; but if the cause could not be brought before the tribunal previous to the father's decease, they [the damages] belong to herself. According to another version, R. Simeon saith, "If the money could not be received [the payment enforced] previous to the father's decease, they [the damages] belong to herself." If the cause was brought before the tribunal previous to her becoming fully nubile, they [the damages] belong to her father. If the father dies, they belong to her brethren; but if the cause could not be brought before the tribunal till after she was fully nubile, they [the damages] belong to herself. R. Simeon saith, "If the money could not be received [the payment enforced] previous to the father's death, [according to another version, to her becoming fully nubile], they [the damages] belong to herself. The produce of her labor [her earnings], and what she finds, even though she has not received [the wages of her labor previous to] her father's death, belong to her brethren."

§ 2. Should a man betroth his non-nubile daughter [to one who] divorces her, and [the father again] betrothes her, and she becomes

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a widow, her Ketubah from both husbands belongs to him [the father]. Should he marry her [to one who] divorces her, and [the father again causes her to] marry, and she becomes a widow, her Ketubah from both husbands belongs to herself. R. Jehudah saith, "The first Ketubah belongs to the father:" but they [the sages] replied, "That from [and after] the time she got married, her father has no claim on her."

§ 3. Should the daughter of a female proselyte who had been converted along with her [mother], commit fornication [after being betrothed as a ‏נערה‎ damsel] her [punishment] is strangulation, but she is not [to be brought out to] the door of her father's house, 1 nor has she [a right to] the 100 selah [in case she has been unjustly slandered]. 2 If she was conceived while [her mother yet was] in unholiness [previous to conversion], but was born in holiness [after conversion] her [punishment] is lapidation, but she is not [to be brought out to] the door of her father's house, nor has she [a right to] the 100 selah. But if [both] her being conceived and her birth were in holiness [took place after her mother's conversion], she is like a daughter of Israel in every respect. Whether she has a father but no father's house, or a father's house but no father, 3 her [punishment] is lapidation: [for] the door of her father's house is not spoken of otherwise than as a [conditional] command. 4

§ 4. The father is entitled to the Kidushin 5 of his daughter [she being non-nubile], whether they be by money, marriage contract, or connection. He is [moreover] entitled to what she finds, to her earnings, and to annul her vows. He [also] receives her Get 6 for her, but does not enjoy the usufruct [of her maternal property] during her life. The husband has the advantage over him, inasmuch as he does enjoy the usufruct [of her property] during her lifetime. But then he is bound to her maintenance, to her ransom [in case of her being led into captivity], and to her interment. R. Jehudah saith, "Even the poorest man in Israel should not have less than two mourning pipes [instruments], and one mourning woman [at the funeral of his wife]."

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§ 5. She [a female] is always [invariably] under the authority of her father until she is placed under the authority of her husband [by marriage]; [according to another version: until she is placed under the ‏חפה‎ nuptial canopy]. 7 Has the father surrendered her to the emissaries of the husband, she is under the authority of the husband. Has the father gone with the husband's emissaries, or have the father's emissaries gone with the husband's emissaries, she is [yet] under the father's authority. Have the father's emissaries surrendered her to the husband's emissaries, she is under the authority of her husband.

§ 6. The father is not obligated to maintain his daughter; for this exposition [of the following clause in the Ketubah] was propounded by R. Eleazar ben Azariah before the sages in the ‏ברם‎, 8 in Jabneh: "The sons to inherit, and the daughters to be maintained," even as the sons do not inherit till after the father's decease, so the daughters likewise have no [claim] to be maintained until after the father's decease." 9

§ 7. Though he [the husband] has not signed a Ketubah for her, [the bride, nevertheless] a virgin receives 200 dinar, and a widow a maneh, as that is a fixed stipulation [enacted] by the Bethdin. 10 If he has signed over to her a field worth 100 zooz only, instead of the 200 zooz [legally her due], and has not [in the Ketubah] added the words, "All my other possessions are subject to and liable for thy Ketubah," the obligation is [nevertheless] in force as that is a fixed stipulation [enacted] by the Bethdin. 11

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§ 8. Though he may not have inserted in her Ketubah, "If thou art made a captive I will ransom thee, and receive thee [back] as my wife;" or, if she be the wife of a priest, "and will bring thee back into thine own land [home]," 12 the obligation is nevertheless in force, as that is a fixed stipulation [standing condition enacted] by the Bethdin.

§ 9. If she is made captive, he is bound to ransom her. Should he propose, "Here is her Get, and [the amount of her] Ketubah, let her ransom herself [at her own expense]," it is not allowed him [so to do]. If she is hurt, he is bound to have her cured: but should he propose, "Here is her Get, and [the amount of her] Ketubah, let her get herself healed [at her own expense]," he is allowed [so to do].

§ 10. Though he may not have inserted [on her Ketubah], "The male children thou mayest have by me shall inherit the amount of thy Ketubah over and above their equal shares with their brethren," the obligation is [nevertheless] in force, as that is a fixed stipulation [standing rule enacted] by the Bethdin.

§ 11. [Though he may not have inserted on her Ketubah], "The female children thou mayest have by me shall abide in my house, and be maintained out of my property, until they are espoused by men," the obligation is nevertheless] in force, as that is a fixed stipulation [enacted] by the Bethdin.

§ 12. [Though he may not have inserted on her Ketubah], "Thou shalt abide in my house, and be maintained out of my property, as long as thou continuest a widow," the obligation is [nevertheless] in force, as it is a fixed stipulation enacted by the Bethdin. As above [in the manner and form above set forth], the men of Jerusalem wrote [in their Ketuboth]: the men of Galilee wrote like them: but the men of Judea wrote "[Thou shalt abide in my house, and be maintained out of my property] until the heirs prefer to give thee [the amount of] thy Ketubah." Therefore, should the heirs prefer it, they give her [the amount of] her Ketubah, and dismiss her. 13

Footnotes

250:1 Deut. xxii. 21.

250:2 Deut. xxii. 19.

250:3 Should the father, though still alive, possess no house, or should he be dead, in either case the sentence of death is to be executed.

250:4 The observances which according to law (Deut. xxii. 21) ought to take place at her execution, are not indispensable, and if they cannot be enforced, the punishment is nevertheless inflicted.

250:5 Vide Treatise Kidushin, chap. I. § 1.

250:6 Vide Treatise Gittin, chap. I. § 1.

251:7 Commentators are divided in opinion as to what is here understood by the word Chupah. According to the Rambam, it denotes a bower of roses and myrtles, into which the bridegroom conducts his bride [after she has been surrendered to him by her father], and where they are left alone. According to Rabbenu Nissim, however, it is not necessary that they should be left alone, but the wife becomes subject to the husband's authority as soon as she enters his abode, to be there married to him.

251:8 The lecture room at Jamnia ‏יבנה‎, was in the form of an amphitheatre, with rows of seats raised above each other, so that the disciples sat in clusters like vines in a vineyard; hence the name, ‏כרם‎ vineyard.

251:9 The father is not bound to maintain either sons or daughters after they have completed the sixth year, unless he is possessed of food sufficient for the consumption of one day, but while he is, he must share it with his offspring.

251:10 And as such tacitly understood and in force.

251:11 That the whole of his real property—even such parts thereof as he may subsequently alienate—remain liable for the Ketubah, and are mortgaged for the payment thereof.

252:12 A priest must not continue to cohabit with his wife after she has been a captive among heathen, for she is considered to be ‏חללה‎, profaned. (Vide Levit. xxi. 7.)

252:13 The formula of the men of Judea has not been adopted: the widow has, consequently, the right to abide in his house, and to be maintained out of his property until she marries again, or chooses, judicially, to obtain her Ketubah.