Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com
Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com
§ 1. Although they [the sages] decided that a virgin receives 200 dinar, and a widow a maneh, yet if he [the husband] likes to add even 100 maneh, he can add it. Should she [the bride] become widowed or divorced, whether it occur subsequent to the betrothment or to the espousals, she receives the whole [amount settled upon her]. R. Eleazar ben Azariah saith, "If subsequent to the espousals she receives the whole [amount], [but if] subsequent to the betrothment, a virgin [only] receives 200 dinar, and a widow a maneh, as the settlement was made solely on condition of the marriage taking place." R. Jehudah saith, "If he [the husband] likes, he gives to a virgin a bond for 200 dinar, and she writes, 'I have received from thee 100 [dinar];' or to a widow [a bond for] 100 dinar, and she writes 'I have received from thee 50 zooz.'" But R. Meir said, "Whoever giveth to a virgin less than 200 dinar, or to a widow less than a maneh [for their respective Ketubah], his intercourse [with them] is [like] fornication."
§ 2. They allow a virgin twelve months from [the time] the husband proposed [marriage] to her, to provide herself [with an outfit]. And even as they allow the woman [twelve months time], they also allow [it] to the man to provide himself [with an outfit]. A widow is allowed thirty days. Should the appointed time come, and they are not married, she is [to be] maintained out of his [property], and [if he is a priest] she may eat heave. R. Tarphon saith, "They may give her all [her maintenance in] heave," but R. Akivah saith, "They are to give her half [her maintenance in] Choolin, and half in heave."
§ 3. A Yabam 1 does not qualify [his sister-in-law, who expects to be married by him] to eat of heave. If [out of the twelve preparatory months allowed her] she has passed six months [during the lifetime] of her [intended] husband, and six months before the Yeboom, or even the whole twelve months before [the death of] her [intended] husband, less one day before the Yeboom, or the whole twelve months before the Yeboom, 2 less one day before her [intended] husband's [death], she is not [entitled] to eat of heave. Such was the first [eldest] Mishna, but a subsequent Bethdin decided, in no case is the woman [entitled] to eat of heave until she is placed under the nuptial canopy.
§ 4. Should a man by vow consecrate [the produce of] his wife's industry, she [nevertheless has a right to] subsist on her earnings. [If he consecrate] the surplus, 3 R. Meir saith, "It is consecrated:" R. Jochanan, the Sandaller, saith, "It is Choolin [non-consecrated]." 4
§ 5. These are the [kinds of] work which the woman is bound to do for her husband. She must grind corn, and bake, and wash, and cook, and suckle her child, make his bed, and work in wool. If she brought him one bondwoman [or the value of one, for her dowry], she needs not to grind, bake, or wash: [if she brought him] two [bondwomen, or the value of two], she need not cook nor suckle her child: [if] three, she need not make his bed nor work in wool: [if] four, she may sit in her easy chair. 5 R. Eleazar saith, "Even though she has brought him [her husband] a hundred bondwomen, he can compel her to work in wool, as idleness leads to unchastity." R. Simeon ben Gamaliel saith, "In like manner, should a man by vow 6 interdict his wife from doing any kind of work, he is bound to divorce her, and to pay [the amount of] her Ketubah, because idleness may lead her to mental aberration."
§ 6. He who by vow interdicts his wife from connubial intercourse, Beth Shammai hold [after] two weeks, Beth Hillel hold after [one] week [he must either be absolved from his vow by a person properly qualified, or he must divorce her]. Students may, for the purpose of studying the law, be absent without the consent of their wives during thirty days: workmen during one week. The marriage duty mentioned in the Law, 7 is incumbent on men of independence 8 daily, on workmen twice a week, [on] ass drivers 9 once a week, [on] camel drivers 10 once in thirty days, [on] navigators 11 once in six months. Such is the dictum of R. Eleazar.
§ 7. A woman who is refractory against her husband 12 has her Ketubah diminished by [a deduction of] seven dinar every week.
[paragraph continues] R. Jehudah saith "[By] seven terpaïkin." 13 How long is the deduction to be continued? Until it reaches [the full amount of] her Ketubah. R. José saith, "He [the husband] continues the deductions [so long as she remains refractory], for should any inheritance fall to her from any other quarter, he can therefrom recover them." Thus likewise, should the husband prove refractory against his wife, 14 they increase her Ketubah by [the addition of] three dinar every week. R. Jehudah saith "[By] three terpaïkin."
§ 8. He who provides his wife [with her maintenance] through a third person, 15 must not allow her less than two kab wheat or four kab barley [a week]. R. José stated that this [double] allowance of barley was granted only through [the decision of] R. Ishmael [to those] who resided near Idumea. 16 He [the husband] must [also] allow her half a kab of legumes, half a lug of oil, a kab of dried figs, or a maneh weight of fig-cake: and if he has none, he must allow her fruits of another kind in its stead. [Further] he must provide her with a bedstead, a pillow, and a mattress [another version has: "if he has no pillow he must provide her with a mattress"], [Moreover] he must give her a bonnet [cap] for her head, a girdle for her loins, shoes every festival, and wearing apparel to the value of fifty zooz every year. He must not give her new garments in the summer season nor worn-out ones in the rainy season; but he must give her garments to the value of fifty zooz in the rainy season, so that she wears the old ones in the hot weather, and the worn-out ones belong to her.
§ 9. He must further allow her a meah in money for her petty expences, and she takes her meals with him every Sabbath evening. Should he not allow her a meah in money for her petty expences, her earnings belong to her. 17 What quantity of work is she bound to do for him? Five selah weight [of spun wool] for warp 18 in Judea, which [are equal to] ten selah in Galilee, or ten selah weight for shute 19 in Judea, which are [equal to] twenty selah in Galilee. If
she is suckling, the quantity of her labor is [to be] diminished, and that of her sustenance increased. To whom do [all] the [above] stipulations apply? To the poor in Israel, but with respect to persons of distinction, every thing is regulated according to rank [and station in society]. 20
253:1 A brother who is bound to marry the childless widow of his deceased brother. (Vide Treatise Yebamoth, chap. I. § 1.)
253:2 The espousals of a Yabam.
254:3 Which, after providing for her own sustenance, she may accumulate, and he inherits at her decease.
254:4 Because that which has not yet actual existence cannot legally be consecrated.
254:5 קתדרא Catheder, a raised seat or dais.
254:6 Should he vow, "If thou doest any kind of work I will not hold any connubial intercourse with thee."
254:7 Vide Exodus xxi. 10.
254:8 טילין, persons whose circumstances place them above the necessity of following any trade or profession.
254:9 Who carry corn or vegetables to places in the vicinity of their abodes.
254:10 Whose trade carries them to greater distances.
254:11 Who sail on long voyages.
254:12 If she denies him his conjugal rights.
255:13 A terpaïk is half a dinar.
255:14 Withhold connubial intercourse.
255:15 If he himself does not reside or board with her.
255:16 The barley in that neighbourhood is very inferior in quality. R. Ishmael ordered the quantity to be doubled to make up for that inferiority.
255:17 That is, after deducting the cost of her maintenance, the surplus of her earnings belongs to her.
255:18 and 19 The thread for the warp is much more difficult to spin than that for the shute, and is therefore computed as equal to double the quantity of shute. The selah of Judea is as heavy again as that of Galilee.
255:19 See previous note.
256:20 And according to the customs of the country in which the parties reside.