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. He who in the Ketubah undertakes to his bride, 1 "Right and title have I none to thy property," does [nevertheless] enjoy the usufruct thereof during her lifetime, and if she dies, he inherits from her. 2 Such being the case, what [then] is the effect of his undertaking to her, "Right and title have I none to thy property?" That what she sells, or gives away, is valid. Had he undertaken in writing, "Right and title have I none to thy property, nor to the usufruct thereof;" he is not entitled to the usufruct during her lifetime. R. Jehudah saith, "At all events he has the usufruct of the proceeds
of her property, 3 unless he undertakes to her, 'Right and title have I none to thy property, nor to the fruits thereof, nor to the proceeds of these fruits [henceforth and] for ever.' Had he undertaken to her, 'Right and title have I none to thy property, nor to the fruits thereof [or to the proceeds of these fruits] 4 during thy lifetime, nor at thy death,' he does not enjoy the usufruct during leer life, and at her decease he does not inherit of her." R. Simeon ben Gamaliel saith, "At her decease he does inherit of her, because he has contracted [to do that which is] opposed to what is written in the law; and whosoever contracts [to do that which is] opposed to what is written in the law, his contract is null and void."
§ 2. Should a man dying leave a wife, creditors and heirs, and his property, either as a trust or as a loan is in the hands of other persons, R. Tarphon holds, "It must be given up to the weakest among them." 5 But R. Akivah remarked, "No commiseration [must interfere with] the administration of justice; therefore it [the property] must be given up to the heirs, for all others [creditors] must be sworn, 6 whereas the heirs need not be sworn." 7
§ 3. If he 8 has left fruit reaped [gathered off the ground], whichever [of the parties concerned] first obtains possession thereof, is entitled thereto. Should the wife have taken possession of more than [the amount of] her Ketubah, or the creditor of more than [the amount of] his debt, the surplus must, according to R. Tarphon, be given to the weakest among them; but R. Akivah remarked, "No commiseration [must interfere with] the administration of justice; therefore it [the surplus] must be given up to the heirs, for all others need be sworn, but the heirs need not be sworn."
§ 4. He who appoints his wife saleswoman [in his shop], or administratrix [manager of any part of his property], may have her
sworn 9 whenever he pleases. R. Eleazar saith, "[He may do so under any circumstances], even as to her spindle or her dough."
§ 5. If he has undertaken to her, "Vow or oath will I not impose on thee," he cannot have her sworn, but he may have her heirs sworn, and those who act under her authority. [If he has undertaken to her] "Vow or oath will I not impose on thee, nor on thy heirs, nor on those who act under thy authority, 10 he cannot have her sworn, not her, nor her heirs, nor those who act under her authority? But his heirs can have her sworn, her, her heirs, and those who act by her authority. [If he has undertaken] "Vow or oath shall neither I, nor my heirs, nor those who act by my authority, impose on thee, or on thy heirs, or on those who act by thy authority, 11 neither he, nor his heirs, nor any that act by his authority," can have her sworn, neither her, nor her heirs, nor those who act under her authority.
§ 6. If she [a widow circumstanced as in the preceding § stated], goes [directly] from her husband's grave to her father's house, or should she return to the house of her father-in-law, but is not appointed administratrix [manager of her deceased husband's property], his heirs cannot have her sworn. But if she has been appointed administratrix, the heirs may have her sworn as to the future, but they cannot have her sworn as to the past. 12
§ 7. She who prejudices her own Ketubah, 13 cannot recover unless she be sworn. Should one witness bear testimony that she has [already] been paid, she cannot recover unless she be sworn. [If she is to be paid] out of orphans’ property, or alienated property, or should he [the husband] be absent, she cannot recover unless she be sworn.
§ 8. "Prejudice her Ketubah;" how [can she do so]? [Suppose] her Ketubah was a thousand zooz; the husband asserts, "Thou hast received [the whole amount of] thy Ketubah;" to which she replies, No, I have only received a hundred zooz;" 14 [in that case] she cannot recover [the amount she claims] unless she be sworn. 15 "Should
one witness bear testimony that she has [already] been paid;" how [is this meant]? [Suppose] her Ketubah was a thousand zooz; the husband asserts, "Thou hast received [the whole amount of] thy Ketubah;" to which she replies, "No, thou hast only paid me a hundred zooz." Should one witness bear testimony against her, [and affirm that] she has already been paid, she cannot recover [the amount she claims] unless she be sworn. "Out of alienated property;" how [is this to be understood]? Should he [the husband] have sold his property to others, and she [seeks to] recover [the amount of her Ketubah] from the purchasers, she cannot enforce payment unless she be sworn. 16 "Out of orphans’ property;" how [is this meant]? Should he [the husband] die, and leave his property to his orphan children, and she [seeks to] recover [the amount of her Ketubah] from the orphans, she cannot enforce payment unless she be sworn. "If he [the husband] is absent;" how [is this to be understood]? If he is gone beyond seas, and she [seeks to] recover [the amount of her Ketubah] during his absence, she cannot enforce payment unless she be sworn. R. Simeon saith, 17 "Whenever she [a widow] claims [the amount of] her Ketubah, the heirs of her husband can put her upon her oath: but if she does not claim [the amount of] her Ketubah, the heirs cannot put her upon her oath.
§ 9. If a woman produces her Get, 18 but does not produce a [written] Ketubah, she is [nevertheless] entitled to recover [the standard amount of] her Ketubah. 19 Should she produce her [written] Ketubah, but does not produce her Get, but says, "My Get is lost," to which he [the husband] replies, "My receipt [in discharge of thy Ketubah] is lost;" and likewise, in case a creditor produces his bond, 20 but does not produce the judicial pre-monition: 21 [in either of these cases] they [the wife or the creditor] do not recover [the amount
they respectively claim]. R. Simeon ben Gamaliel saith, "Ever since the time of [public] danger began, a woman can recover [the amount of] her Ketubah without producing the Get, and a creditor can recover [the amount of] his bond without producing the judicial pre-monition. [Should she produce] two Gittin and two Ketuboth, 22 she is entitled to recover the amounts of both Ketuboth. [Should she produce] two Ketuboth and one Get, or two Gittin and one Ketubah, or one Ketubah, one Get, and [proof of her husband's subsequent] decease, 23 she can only recover the amount of one Ketubah; for he who divorces his wife and takes her back, does only take her back under the obligation of her first Ketubah. [Of] a minor, whom his father gives in marriage, the Ketubah [which he has signed] continues valid, as it is in virtue thereof that she continues his wife. Should a proselyte embrace Judaism, together with his wife, her Ketubah remains legally valid, as it is in virtue thereof that she continues his wife."
264:1 The undertaking must be entered into previous to marriage, and is valid, even though but verbal.
264:2 As the undertaking is held to extend to the fee of the property only, but not to the usufruct thereof. And after her death he inherits, because the words, "thy property," lose their legal force at her decease, as the property is then no longer hers.
265:3 The amount of these proceeds being vested in land, or otherwise disposed of, so as to become a fresh source of income.
265:4 These words are in parenthesis in the text.
265:5 Some commentators hold that this expression applies to the creditor whose bond bears the latest date, and whose title is in law held to be the weakest, as he has no claim on the property which his debtor has alienated prior to that date. Others apply the expression to the wife.
265:6 Before they can establish their claim against orphans.
265:7 But succeed to the property as a matter of course. All these enactments arose from the axiom, that moveable property is not liable for debt, which axiom, however, had to be altered when Israelites ceased to be landholders.
265:8 The deceased.
266:9 That she has not abused his confidence, and the trust reposed in her, and that she has not applied his property to his detriment, or to her own advantage, or that of others.
266:10 In case she be divorced.
266:11 Should she be divorced during his absence.
266:12 She can only be called to account for the period after her husband's decease.
266:13 For an explication of this phrase, vide next §.
266:14 She does admit payment of part, and in so doing she destroys the integrity of her Ketubah.
266:15 To the truth of her statement.
267:16 That her husband has not paid her any part of her Ketubah, and that there is no other property out of which she could be paid.
267:17 With reference to the rule laid down in § 4 of this chapter.
267:18 Act or letter of divorce. (Vide Treatise Gittin.)
267:19 That is to say, if the Get be not torn or cancelled, as this is invariably done by the Bethdin at the time the Ketubah is paid. The fact of her not producing her written Ketubah is immaterial, for the law enacts that every woman shall have a Ketubah; it is, therefore, assumed that she has one, even though it is not in her possession.
267:20 After the Sabbatical year, which acquits all debts.
267:21 Which alone preserves his right. (Vide Treatise Shebiith, chap. X., § 4, and Moed Katan, chap. Ill. § 3, note.)
268:22 One Ketubah being dated previous to the first Get, and the second Ketubah previous to the second Get.
268:23 In case her husband received her again as his wife after the divorce, and she now claims a double amount, one under the Get and one as a widow.