Babylonian Talmud: Tractate Kethuboth

Folio 104a

because it was situated on higher ground¹  and its air was salubrious.

On the day when Rabbi died the Rabbis decreed a public fast and offered prayers for heavenly mercy. They. furthermore, announced that whoever said that Rabbi was dead would be stabbed with a sword.

Rabbi's handmaid²  ascended the roof and prayed: 'The immortals³  desire Rabbi [to join them] and the mortals⁴  desire Rabbi [to remain with them]; may it be the will [of God] that the mortals may overpower the immortals'. When, however, she saw how often he resorted to the privy,⁵  painfully taking off his tefillin⁶  and putting them on again, she prayed: 'May it be the will [of the Almighty] that the immortals may overpower the mortals'. As the Rabbis incessantly continued⁷  their prayers for [heavenly] mercy she took up a jar and threw it down from the roof to the ground. [For a moment] they ceased praying⁸  and the soul of Rabbi departed to its eternal rest.⁹

'Go', said the Rabbis to Bar Kappara, 'and investigate'.¹⁰  He went and, finding that [Rabbi] was dead, he tore his cloak and turned the tear backwards. [On returning to the Rabbis] he began: 'The angels¹¹  and the mortals¹²  have taken hold of the holy ark.¹³  The angels overpowered the mortals and the holy ark has been captured'. 'Has he', they asked him, 'gone to his eternal rest?' — 'You', he replied, 'said it; I did not say it'.

Rabbi, at the time of his passing, raised his ten fingers towards heaven¹⁴  and said: 'Sovereign of the Universe, it is revealed and known to you that I have laboured in the study of the Torah with my ten fingers and that I did not enjoy [any worldly] benefits even with my little finger. May it be Thy will that there be peace In my [Jast] resting place'. A bath kol¹⁵  echoed, announcing, He shall enter into peace; they shall rest on their beds.¹⁶

[Does not] the context require [the singular pronoun:] 'On thy bed'?¹⁷  This provides support for R. Hiyya b. Gamda. For he stated in the name of R. Jose b. Saul: When a righteous man departs from this world the ministering angels say to the Holy One, blessed be He, 'Sovereign of the Universe, the righteous man So-and-so is coming', and he answers them, 'Let the righteous men come [from their resting places], go forth to meet him, and say to him that he shall enter into peace [and then] they¹⁸  shall rest on their beds'.

R. Eleazar stated: When a righteous man departs from the world he is welcomed by¹⁹  three companies of ministering angels. One exclaims, 'Come²⁰  into peace'; the other²¹  exclaims, He who walketh in his uprightness,²²  while the third²³  exclaims, 'He shall enter into peace; they shall rest on their beds'.²²  When a wicked man perishes from the world he is met²⁴  by three groups of angels of destruction. One announces, 'There is no peace, saith the Lord, unto the wicked';²⁵  the other²³  tells him, 'He²⁶  shall lie down in sorrow',²⁷  while the third²³  tells him, 'Go down and be thou laid with the uncircumcised'.²⁸

MISHNAH. SO LONG AS SHE LIVES IN HER FATHER'S HOUSE [A WIDOW]²⁹  MAY RECOVER HER KETHUBAH AT ANY TIME.³⁰  AS LONG, HOWEVER, AS SHE LIVES IN HER HUSBAND'S HOUSE SHE MAY RECOVER HER KETHUBAH ONLY WITHIN³¹  TWENTY-FIVE YEARS, BECAUSE IN THE COURSE OF TWENTY-FIVE YEARS SHE HAS SUFFICIENT OPPORTUNITIES³²  OF RENDERING³³  FAVOURS³⁴  CORRESPONDING [IN VALUE TO THE AMOUNT OF] HER KETHUBAH; SO R. MEIR WHO LAID DOWN THE RULING IN THE NAME OF R. SIMEON B. GAMALIEL. THE SAGES, HOWEVER, RULED: SO LONG AS SHE LIVES IN HER HUSBAND'S HO USE [A WIDOW]³⁵  MAY RECOVER HER KETHUBAH AT ANY TIME,³⁶  BUT AS LONG AS SHE LIVES IN HER FATHER'S HOUSE SHE MAY RECOVER HER KETHUBAH ONLY WITHIN³¹  TWENTY-FIVE YEARS.³⁷  IF [THE WIDOW] DIED, HER HEIRS MUST MENTION³⁸  HER KETHUBAH WITHIN³¹  TWENTY-FIVE YEARS.³⁹ 

GEMARA. Said Abaye to R. Joseph. [Is it logical⁴⁰  that] the poorest woman in Israel [should be allowed to recover her kethubah] ONLY WITHIN TWENTY-FIVE YEARS and Martha the daughter of Boethus⁴¹  also ONLY WITHIN TWENTY-FIVE As?⁴²  — The other replied: In accordance with the camel is the burden.⁴³

The question was raised: Must she,⁴⁴  according to R. Meir, lose in proportion?⁴⁵ — This must stand undecided.⁴⁶

THE SAGES, HOWEVER, RULED: SO LONG. Said Abaye to R. Joseph: [Is it reasonable that if] she comes before sunset she may recover her kethubah and that [if she came] after sunset she may not recover it? [Is it likely that] she has surrendered it in that short while? — 'Yes', the other replied. 'all the standards of the Sages are such. In [a bath of] forty se'ah⁴⁷  [for instance] one may perform ritual immersion; In [a bath of] forty se'ah minus one kortob⁴⁷  one may not perform ritual immersion

Rab Judah reported in the name of Rab: R. Ishmael son of R. Jose testified in the presence of Rabbi to a statement he made⁴⁸  in the name of his father that [the ruling in our Mishnah] was taught only [in respect of a woman] who produces⁴⁹  no deed of the kethubah but if she produces⁴⁹  the deed of the kethubah she may recover [the amount of] her kethubah at any time.⁵⁰  R. Eleazar, however, ruled: Even if she produces⁴⁹  the deed of the kethubah she may recover the amount within twenty-five years only.

R. Shesheth raised an objection: 'A creditor may recover his debt [at any time]. even if there was no mention of it.'⁵¹  Now, how is this to be understood? If [it refers to a creditor] who holds no bond, whereby [it might be asked] could he recover his debt? Consequently [it must refer to one] who does hold a bond [from which it follows, does It not, that] only a creditor [may recover his due]. because he is not likely to have surrendered his claim, but that a widow⁵²  [is deemed to have] surrendered?⁵³  — He⁵⁴  raised the objection and he also removed it: This⁵⁵  may, in fact, refer to⁵⁶  one who holds no bond,⁵⁷  but⁵⁸  here we are dealing with a case⁵⁹  where the debtor⁶⁰  admits [his liability].⁶¹  But, Surely. R. Elai had stated: They⁶²  taught. 'A divorced woman has the very same rights as a creditor'.⁶³  Now, how are We to understand [this ruling]? If [it refers to a divorcee] who holds no kethubah, whereby [it might be objected] could she recover her due? Consequently [it must refer to one] who does hold a kethubah, [from which it follows, does it not, that] only a divorcee [may recover her kethubah] because she is not likely to have surrendered it, but that a widow [is deemed to have] surrendered?⁶⁴  — Here also [it is a case] where the defendant⁶⁰  admits [the claim].⁶⁵

R. Nahman b. Isaac stated: R. Judah b. Kaza learnt in the Baraitha of the school of Bar Kaza, If she⁶⁶  claimed her kethubah

1. Cf. Meg. 60: 'Why was it called Sepphoris ([H])? Because it was perched on the top of a hill like a bird' (rupm 'bird').
2. A famous character, known for her sagacity and learning.
3. Lit., 'those above', 'the angels'.
4. Lit., 'those below', 'lower regions'.
5. He was suffering from acute and painful diarrhoea (cf. B.M. 85a).
6. V. Glos. These must not be worn when the body is not in a state of perfect cleanliness.
7. Lit., 'they were not silent'.
8. Lit., 'they remained silent'.
9. Lit., 'rested'.
10. Rabbi's condition.
11. [H] lit., 'messengers' (Jast.); cf. BaH. [H]. Aliter; 'God's lions' (Levy).
12. [H] (rt. [H] 'to cast'). Aliter; 'The just' (Rashi).
13. Metaph. Rabbi was known as 'our holy teacher'.
14. Lit., 'in an upward direction'.
15. V. Glos.
16. Isa. LVII, 2.
17. In harmony with the first part of the verse. [Strashun amends 'on his bed'].
18. The righteous who went out to welcome him.
19. Lit., 'go out to meet him'.
20. Var. 'He shall enter' ([H]).
21. Lit., 'and one'.
22. Isa. LVII, 2.
23. Lit., 'and one'.
24. Lit., 'go out to meet him'.
25. Isa. XLVIII, 22.
26. M.T. reads 'Ye' [H]. [This is also the reading of MS.M.].
27. Isa. L, 11.
28. Ezek. XXXII, 19.
29. Who is maintained by her deceased husband's heirs.
30. Lit.,'for ever'.
31. Lit., 'until'.
32. Lit., 'there is (the opportunity)'.
33. At the expense of the heirs who maintain her.
34. To neighbours and friends, by giving them small gifts.
35. V. supra note 8.
36. Lit., 'for ever'.
37. If a longer period has been allowed to pass she is presumed to have surrendered her claim. Such surrender cannot be assumed In the case of a widow who lives in her late husband's house, since the respect shewn to her by the heirs with whom she lives may well account for her bashfulness to advance a claim which might disturb the cordial relations between them.
38. Sc. claim.
39. Of her husband's death. They lose their claim if a longer period has been allowed to lapse.
40. According to R. Meir's ruling in our Mishnah.
41. One of the rich women of Jerusalem in the time of the Titus and Vespasian siege (cf. Git. 56a) whose kethubah amounted to a very high figure.
42. A kethubah like that of the latter, surely. could not be spent in small gifts in the same period as one for the minimum amount of a kethubah.
43. Proverb. The richer the woman the more she may be expected to spend.
44. A widow who claimed her kethubah within twenty-five years.
45. Sc. one twenty-fifth of her kethubah for each year that she has allowed to pass. Lit.,'divide into three'.
46. Teku v. Glos.
47. V. Glos.
48. Lit., 'which he said'.
49. Lit., 'goes out from under her hands'.
50. It is held that if she had surrendered her kethubah she would have destroyed the deed or given it up to the heirs.
51. For twenty-five years.
52. Who enjoyed the protection of the heirs for all those years and who, furthermore, is not actually 'out of pocket' when her kethubah is surrendered.
53. An objection against R. Eleazar.
54. R. Shesheth.
55. The Baraitha just cited.
56. Lit., 'always'.
57. The inference being: Only a creditor who holds no bond is not presumed to have surrendered his claim but that a widow who holds no kethubah is presumed to have surrendered her claim.
58. In reply to the objection: How could the claim be proved in the absence of a bond?
59. Lit., 'in what?'
60. Lit., 'he who is liable'.
61. Cf. supra n. 7.
62. The authors of the Baraitha.
63. She may recover her kethubah even after twenty-five years.
64. V. supra notes 1 and 2.
65. Sc. that her kethubah had not yet been paid.
66. A widow (cf. supra p. 665, n. 8).

she is again entitled to the original period.¹  and if she produced²  the deed of the kethubah she may recover [the amount of] her kethubah at any time.³

R. Nahman b. R. Hisda sent [the following message] to R. Nahman b. Jacob: Will our Master instruct us as to whether the dispute⁴  [refers to] one who produced a deed of the kethubah or to one who produced no deed of the kethubah,' and with whose ruling does the halachah agree? — The other replied: The dispute refers to one who produced no deed of the kethubah, but [a woman] who produced a deed of the kethubah may recover her kethubah at any time;⁵  and the halachah is in agreement with the ruling of the Sages.

When R. Dimi came⁶  he reported R. Simeon b. Pazzi who laid down in the name of R. Joshua b. Levi who had it from Bar Kappara: This⁷  was taught only in respect of the maneh⁸  and the two hundred zuz.⁸  To any additional jointure, however, the woman is always entitled.⁹  R. Abbahu in the name of R. Johanan, however, ruled: She is not entitled even to the additional jointure; for R. Aibu has laid down in the name of R. Jannai: The additional provisions¹⁰  of a kethubah are subject to the same rules¹¹  as the kethubah itself.¹²  So it was also said:¹³  R. Abba laid down in the name of R. Huna who had it from Rab: This was taught only in respect of the maneh and the two hundred zuz. To any additional jointure, however, she is always entitled.¹⁴  Said R. Abba to R. Huna: Did Rab really say this?¹⁵  — 'Do you wish', the other replied, to silence me¹⁶  or to stand me a drink?'¹⁷  — 'I', the other replied, 'wish to silence you!'

The mother-in-law of R. Hiyya Arika¹⁸  was the wife of his brother,¹⁹  and [when she became] a widow lived in her father's bouse. [R. Hiyya] maintained her for twenty.five years at her paternal home [but when] at the end [of the period] she said to him. 'Supply me with my maintenance' he told her, 'You have no [longer any claim to] maintenance'. 'pay me [then', she said'my] kethubah'. 'You have no claim,' he replied- 'either to maintenance or to the kethubah',²⁰  She summoned him to law before Rabbah b. Shila. 'Tell me', [the judge] said to him,²¹  'what exactly were the circumstances. 'I maintained her', the other²¹  replied. 'for twenty-five years at her paternal home and, by the life of the Master, I carried [the stuff] to her on my shoulder'. 'What is the reason', [the judge] said to him, 'that the Rabbis²²  ruled, so LONG AS SHE LIVES IN HER HUSBAND'S HOUSE [A WIDOW] MAY RECOVER HER KETHUBAH AT ANY TIME? Because we assume that she did not claim it in order [to save herself from] shame.²³  Similarly here also²⁴  [it may well be assumed] that she did not [previously] submit her claim in order [to save herself from] shame.²³  Go, and supply her [maintenance]'. [As R. Hiyya] disregarded [the ruling. the judge] wrote out for her an adrakta²⁵  on his property. Thereupon he came to Raba and said to him, 'See, Master, how he treated my case',²⁶  'He has given you the proper ruling', the other replied. 'If that is the case', [the widow] said to him,²⁷  'let him²⁸  proceed to refund me the produce²⁹  [he has consumed] since that day³⁰  to date'. 'Shew me' he²⁷  said to her, 'your adrakta'.³¹  As he observed that it did not contain the clause,³²  'And we have ascertained that this estate belonged to the deceased', he said to her, 'The adrakta is not properly drawn up'.³³  'Let the adrakta be dropped'. she said; 'and let me receive [the refund for the produce] from the day on which the period of the public announcement terminated³⁴  to date'. 'This',³⁵  he replied. applies only to a case³⁶  where no error has crept³⁷  into the adrakta, but where an error occurs³⁷  in the adrakta the document possesses no validity'.³⁸  'But did not the Master himself lay down', she exclaimed, '[that the omission³⁹  of the clause] pledging property [is to be regarded as the] scribe's error?'⁴⁰  — 'In this case', Raba told her, '[the omission] cannot be said to be a scribe's error, for even Rabbah b. Shila originally⁴¹  overlooked the point'.⁴²  He thought: Since both belonged to him⁴³  what matters it [whether the widow distrains] on the one or the other.⁴⁴  But this is not [the proper view]. For sometimes [the widow] might go and improve those [lands]⁴⁵  while those belonging to her husband⁴⁶  would be allowed⁴⁷  to deteriorate and [the heir might eventually] tell her, 'Take yours⁴⁸  and return to me mine',⁴⁹  and a stigma⁵⁰  would thus fall⁵¹  upon the court.⁵²

CHAPTER XIII

MISHNAH. TWO JUDGES OF CIVIL LAW⁵³  WERE [ADMINISTERING JUSTICE] IN JERUSALEM, ADMON AND HANAN B. ABISHALOM. HANAN LAID DOWN TWO RULINGS⁵⁴  AND ADMON LAID DOWN SEVEN: — 55

IF A MAN WENT TO A COUNTRY BEYOND THE SEA AND HIS WIFE CLAIMED MAINTENANCE, HANAN RULED:

1. Of twenty-five years. Lit., 'behold she is as at first'.
2. Lit., 'goes out from under her hands'.
3. Cf. supra note 12.
4. Between R. MEIR and THE SAGES.
5. Cf. supra p. 667. n. 12.
6. From Palestine to Babylon.
7. That after a period of twenty-five years a widow is presumed to have surrendered her kethubah.
8. V. Glos., sc. the statutory kethubah which is one maneh in the case of marriage with a widow and two hundred zuz in that with a virgin.
9. Since this may be regarded as a gift (and not as the legal kethubah) from the husband to his wife.
10. Lit., 'conditions', of which the additional jointure is one.
11. Lit., 'like'.
12. One who loses the statutory kethubah must also forfeit the additional jointure.
13. By Amoraim.
14. V. supra notes 4 to 6.
15. [MS.M. inserts, He (R. Huna) said he was silenced; cf. Ned. Sonc. ed. p. 242. notes.]
16. I.e., was his question intended to imply incredulity?
17. I.e., he wished in all earnestness to ascertain whether Rab had actually made that statement so that in return for the valuable information he might treat him to a cup of wine. [H] and [H], a play upon the similarity of the letters.
18. The tall.
19. Who died childless and whose estate was inherited by R. Hiyya.
20. In accordance with the ruling of the Sages in our Mishnah.
21. R. Hiyya.
22. Sc. THE SAGES.
23. Cf. supra p. 665. n. 16, second clause.
24. Where so much respect was shewn to her by R. Hiyya that he carried her foodstuffs to her on his shoulder.
25. [H] (rt. [H] 'to tread'). an authorization following that of another legal document called tirpa (cf. B.B., Sonc. ed., p 738. n. 1) which a court issues to a claimant after he had traced the defendant's property. to seize it (to 'tread' on) for the purpose of having it offered for public sale and his recovering the proceeds or the land itself at the Price valued.
26. Lit., 'judged me'.
27. Raba.
28. R. Hiyya.
29. Of the land that was valued at a sum corresponding to that of her kethubah.
30. On which she received the adrakta (according to the opinion of Rabbah). when it was signed (according to Abaye). or when the period of the announcement of the public sale terminated (according to Raba). From such date the land passes into the possession of the claimant and its produce also from that day onwards belongs to him (cf. B.M. 36b).
31. V. supra p. 669. n. 7.
32. Lit., 'that it was not written in it'.
33. The adrakta referred to all R. Hiyya's landed property. while legally it should have been restricted to those which he inherited from his deceased brother. On his own lands the widow could have no claim whatsoever.
34. In agree. melt with the view of Raba (cf. supra p. 669. n. 12). After the claimant discovers a field that belonged to the defendant he reports to the court who value it, and arrange for a period of thirty days for the public announcement. at the end of which the claimant comes into possession (v. B.M. 35b).
35. That the land passes into the possession of the claimant on one of the dates mentioned (supra p. 669. n. 12).
36. Lit., 'these words'.
37. Lit., 'is written'.
38. Lit., we have not in it'; the land does not pass into the ownership of the claimant until he takes actual possession of it.
39. From a deed.
40. And is deemed to have been entered though the scribe had omitted it (B.M. 140. B.B. 169b). Why then should an error in the adrakta cause its invalidity?
41. [Rightly omitted in MS.M.]
42. Lit., 'in that'. In that he had an adrakta made out against R. Hiyya's own property.
43. R. Hiyya.
44. R. Hiyya's brother's or his own. Hence he drew up the adrakta on all R. Hiyya's lands.
45. Which did not belong to her husband but to his heir and which the court handed over to her in return for her claim.
46. And were legally pledged for her kethubah.
47. By the heir who is well aware that he can at any time re-claim his own land and transfer the property of the deceased to his widow.
48. Cf. supra p. 670, n. 16.
49. Cf. supra p. 670. n. 15.
50. Lit., 'murmur', 'reflection'.
51. Lit., 'and come to bring out'.
52. Who would be accused of carelessness or indifference in the provision they made for the widow.
53. [H] (plural of [H], 'decree', 'decision'). Var., [H] (plural of [H] 'robbery') v. infra. Cf. B.K. 58b, Sonc. ed. p. 340, n. 1.
54. From which the Sages differed.
55. V. supra n. 2. The rulings are enumerated in this Mishnah and in those following.