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Babylonian Talmud: Tractate Baba Bathra'Give me my husband I will rejoice with him';1 here also he2 could say. 'Give me my shoshbin and I will rejoice with him'!3 — R. Joseph replied: We deal here with a case where4 he5 rejoiced with him6 the seven days of the [wedding] feast7 but had no opportunity of repaying him6 before he died.8 May it be suggested [that the question whether a betrothed woman may advance the plea], 'Give me my husband and I will rejoice with him' [is a matter of dispute between] Tannaim? For it was taught: '[In the case where] a person betrothes a woman,9 [if] a virgin she is entitled to two hundred [zuz] and [to] a maneh10 [if] a widow, Where it is the custom to return the [token of] betrothal11 it [must] be returned; where it is the custom not to return the [token of] betrothal [it is] not [to be] returned; [these are] the words of R. Nathan. R. Judah the Prince said, in truth [the Sages] said: Where it is the custom to return, it [must] be returned; where it is the custom not to return, it [need] not [be] returned'. [Does not] R. Judah the Prince [say exactly the same thing] as the first Tanna: [Must it] not then [be explained]12 that [the difference] between them lies in [the admissibility of the plea]. 'Give me my husband and I will rejoice with him,' and that there is a lacuna [in the text] which should read13 thus: '[In the case where] a person betrothes a woman, [if] a virgin she is entitled to two hundred [zuz, and [to] a maneh [if] a widow. This applies only to the case where he has retracted but [if] she died, [the token of betrothal] is to be returned where it is the custom to return; where it is the custom not to return, it [need] not be returned — This, [furthermore.] applies only [to the case] where she died, but [where] he died.it [need] not [be] returned.' What is the reason? Because she can plead. 'Give me my husband and I will rejoice with him' And [with reference to this statement] R. Judah the Prince said14 'In truth [the Sages] stated [that] whether he died. or she died. it Is to be returned where it is the custom to return; where it is the custom not to return.it [need] not [be] returned';15 and she cannot say, 'Give me my husband and I will rejoice with him'!16 — No; all17 [may agree that] she may advance the plea. 'Give me my husband and I will rejoice with him'; and [in the case] where he died no one [in fact] disputes [this].18 Their dispute has reference only19 [to the case] where she died; their [point of) disagreement [centering] here on [the question whether a token of] betrothal is unreturnable.20 R. Nathan holds the opinion that [a token of] betrothal is not unreturnable,20 and R. Judah the Prince holds the opinion that [a token of] betrothal is unreturnable. But surely it was taught. 'Where it is the custom to return. it [must] be returned'!21 — He means this: And [as regards the] gifts.22 they [must] certainly be returned where it is the custom to return [them]. These Tannaim [differ on the same principle]23 as the following Tannaim — For it was taught: If one betrothes a woman24 with a talent,25 [if] a virgin she is entitled to two hundred [zuz]26 and [to a] maneh [if] a widow; these are the words.of R. Meir. R. Judah said: A virgin is entitled to two hundred [zuz] and a widow [to] a maneh. and the remainder27 she returns to him. R. Jose said: [If] he betrothed her with twenty [shekels].28 he gives her, [in addition,] thirty halves; [if] he betrothed her with thirty [shekels], he gives her, [in addition], twenty halves. Now, of what case is it spoken here?29 If it is suggested [of that] where she died; does she, [in such a case, it may be asked]. receive her kethubah.30 But [in the case] where he died? Why, [it may be argued again.] does she31 return to him the remainder? Let her advance the plea.'Give me my husband and I will rejoice with him'! If. however, [it be suggested that we deal] with [the case of] the wife of an Israelite who committed adultery,32 'then, it may be queried.in what [circumstances. did this happen]? If with [her] consent, does she [in such a case] receive [her]kethubah?33 And if under duress, she is surely permitted to [continue to live with] him!34 Hence [the Baraitha] must [deal] with [the case of] the wife of a priest who [committed adultery] under duress35 and the [point of] disagreement between them36 is [the question of] whether [a token of] betrothal is unreturnable. R. Meir holds the opinion [that a token of] betrothal is unreturnable;37 and R. Judah holds the opinion [that a token of betrothal is] not unreturnable,38 while R. Jose is doubtful [as to] whether it is returnable or not, and, consequently. [if] he betrothed her with twenty [shekels]39 he gives her,40 [in addition].thirty halves,41 [and if] he betrothed her with thirty [shekels]42 he gives her twenty halves.43 R. Joseph b. Manyumi said in the name of R. Nahman: Wherever It is the custom to return,44 it [must] be returned. And the explanation is Nehardea45 What [is the practice in] the rest of Babylon? — Both Rabbah and R. Joseph stated: Presents46 are returned;47 [tokens of] betrothal are not returned. R. Papa said: The law [is that] whether he died or she died or he retracted., presents46 are to be returned, [tokens of] betrothal are not to be returned. If she retracted, even [tokens of) betrothal [must] also be returned. Amemar said: [A token of] betrothal [must] not be returned. [This is] a preventive measure against the possibility' of assumption that betrothal would take effect in the case of her sister.48 R. Ashi said: Her bill of divorce [would] prove her [status]49 But [the statement] of R. Ashi is to be rejected '50 for there [may] be some who heard of the one51 and did not hear of the other.52 FOR [THE RECIPROCATION OF] WEDDING GIFTS MAY BE CLAIMED THROUGH A COURT OF LAW'. Our Rabbis taught: Five things were said in respect of [reciprocation of a] wedding gift: It may be claimed through a court of law; it is to be reciprocated at its proper time;53 and it is not subject to [the restrictions of] usury;54
Baba Bathra 145band the Sabbatical year1 does not cause Its cancellation;2 and the firstborn does not receive of it a double portion.3 'It may be claimed through a court of law'; what is the reason? — It is like a loan. 'And it is not subject to [the restrictions of] usury' — because he4 did not give it to him with this intention5 'And the Sabbatical year does not cause Its cancellation' — because the Scriptural [injunction], he shall not exact,6 cannot be applied to it.7 'And the firstborn does not receive a double portion' — because it is prospective.8 and a firstborn does not receive [a double portion] in prospective [property] as in that which was in [his father's] possession [at the time of his death]. R. Kahana said, [This is] the rule of groomsmanship: [If] he9 was In town,10 he should have come.11 [If] he12 [could] hear the sound of the [wedding] bells,13 he should have come.11 [If] he [could] not hear the sound of the bells,14 the [other]15 should have informed him. He has, therefore, a grievance [against him],16 but [must] nevertheless repay him. And up to how much?17 — Abaye said: Wedding guests18 are in the habit of putting in their stomachs up to the value of a zuz brought in their hands;19 up to four [zuz].a half [of the value of the gifts] is paid;20 in case of any higher values,21 every man according to his importance.22 Our Rabbis taught: If a person rendered service [to a bridegroom]23 at a public24 [wedding] and he25 [now] desires [the latter] to reciprocate his services26 at [a] private [wedding] he27 may tell him, 'At a public [wedding] I will act for you as you have acted for me.28 If he rendered service to one29 [who married] a virgin, and he [now] desires [the latter] to reciprocate30 [on the occasion of his marriage] with a widow he31 can say to him, '[At your marriage] with a virgin I will act for you as you acted for me'28 If he rendered service to one29 on [the occasion of his] second [marriage] and he [now] desires [the latter] to reciprocate30 on [the occasion of his own] first [marriage], he31 can say to him, 'When you will marry a second wife I will reciprocate'.28 If he rendered service to one29 [on the occasion of his marriage] with one [woman] and he [now] desires [the latter] to reciprocate30 [on the occasion of his marriage] with two, [the latter] can say to him, '[On the occasion of your marriage] with one I will act for you as you acted for me.'28 Our Rabbis taught: Rich in possessions32 [and] rich in pomp33 — that is a master of aggadoth.34 Rich in money35 [and] rich in oil36 — that is a master in dialectics.37 Rich in products38 [and] rich in stores39 — that is a master of traditions.40 All. [however]. are dependent on32 the master of wheat. [i.e.] Gemara.41 R. Zera said in the name of Rab: What [character is meant] by the Scriptural text, All the days of the poor are evil?'42 — A master of Gemara;43 but he that is of a merry heart hath a continual feast'' refers to44 a master of the Mishnah45 Raba reversed the order; and this is what R. Mesharsheya stated in the name of Raba: What [characters are referred to] in the Scriptural text, Whoso quarrieth stones shall be hurt therewith; and he that cleaveth wood is warmed up thereby?46 is He that quarrieth stones shall be hurt therewith, has reference to47 the masters of the Mishnah;48 and he that cleaveth wood is warmed up thereby, has reference to47 the masters of Gemara49 R. Hanina said: All the days of the poor are evil.42 refers [to him]44 who has a wicked wife; but he that is of a merry heart hath a continual feast,42 refers'44 [to him] who has a good wife. R. Jannai said: All the days of the poor are evil42 refers to44 one who is fastidious; but he that is of a merry heart hath a continual feast50 refers to one of a robust constitution. R. Johanan said: All the days of the poor are evil,50 refers to one who is compassionate; but he that is of a merry heart hath a continual feast,50 refers to one who is cruel. And R. Joshua b. Levi said: All the days of the poor are evil,50 refers to an impatient51 man; but he that is of a merry heart hath a continual feast,50 refers to a contented man. - To Next Folio -
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