Babylonian Talmud: Tractate Kethuboth

Folio 107a

An allowance for maintenance must be granted¹  to a married woman,²  but Samuel ruled: No allowance may be granted¹  to a married woman.²  Said Samuel: Abba³  agrees with me [that no allowance is to be granted]⁴  during the first three months,⁵  because no man leaves his house empty. In a case where a report was received⁶  that he⁷  was dead there is no difference of opinion between them.⁸  They only differ when no one heard that he⁷  was dead. Rab ruled, 'An allowance for maintenance must be granted' since he⁷  is under an obligation [to maintain her]; on what ground however, did Samuel rule, 'No allowance may be granted'? — R. Zebid replied: Because it might well be assumed that he handed over to her some bundles [of valuables].⁹  R. Papa replied: We must take into consideration the possibility that he told her, 'Deduct [the proceeds of] your handiwork¹⁰  for your maintenance'.¹¹  What is the practical difference between them?¹²  — The practical difference between them is the case of a woman who is of age¹³  but [the proceeds of whose handiwork] did not suffice [for her maintenance],¹⁴  or a minor¹⁵  [the proceeds of whose handiwork] is sufficient [for her maintenance].¹⁶

We learned: IF A MAN WENT TO A COUNTRY BEYOND THE SEA AND HIS WIFE CLAIMED MAINTENANCE, HANAN RULED: SHE MUST TAKE AN OATH AT THE END BUT NOT AT THE BEGINNING. THE SONS OF THE HIGH PRIESTS, HOWEVER, DIFFERED FROM HIM AND RULED THAT SHE MUST TAKE AN OATH BOTH AT THE BEGINNING AND AT THE END. They thus¹⁷  differ only in respect of the oath but [agree, do they not,] that maintenance must be given to her?¹⁸  — Samuel explained [this to refer to a case] where a report had been received that [the absent husband] was dead.

Come and hear: If [a husband] went to a country beyond the sea and his wife claimed maintenance she must, said the sons of the High Priests, take an oath,¹⁹  Hanan said: She need not take an oath. If [the husband] came, however, and declared, 'I have provided for her maintenance'²⁰  he is believed.²¹  Here also [it may be replied] is a case where a report was received that he was dead. But, did it not Say, 'If [the husband] came, however, and declared'?²²  [The meaning of the expression is,] If he came after the report had been received.

Come and hear: If [a husband] went to a country beyond the sea, and his wife claimed maintenance, and he returned and said [to her], 'Deduct your handiwork for your maintenance', he is entitled [to withhold it]. If Beth din, however, granted the allowance before [he returned] their decision is valid.²³  Here also it is a case where a report that he had died was received.

Come and hear: If [a husband] went to a country beyond the sea and his wife claimed maintenance, Beth din take possession of²⁴  his estate and provide food and clothing for his wife, but not for his sons and daughters or for anything else!²⁵  — R. Shesheth replied; [Here it is a case] where a husband maintained his wife at the hands of a trustee.²⁶  If so, [should not maintenance be granted to] one's sons and daughters also?²⁷  [It is a case] where [a husband] made provision for the maintenance of his wife²⁸  but not of his daughters.²⁸

Whence this certainty?²⁹  — This, however, said R. Papa, [is the explanation: This is a case] where she heard from one witness that [her husband] had died. To her, since she could Marry on the evidence of one witness, we must also grant maintenance; to his sons and daughters, however, since they, even if they desired it, could not be allowed to take possession of his estate on the evidence of one witness, maintenance also may not be granted — What [is meant by] 'anything else'? R. Hisda replied: Cosmetics. R. Joseph replied: Charity. According to him who replied, 'Cosmetics' the ruling³⁰  would apply with even greater force to

1. By the court, out of her husband's estate.
2. Whose husband is away from home. [H], lit., 'the wife of a man'.
3. Sc. Rab who was also known as Abba Arika.
4. Added by BaH in the text.
5. Of the husband's absence.
6. Lit., 'when they heard'.
7. The absent husband.
8. Lit., 'all the world (sc. Rab and Samuel) do not differ'; both agree that the woman is entitled to an allowance for maintenance.
9. Out of which to defray the cost of her maintenance.
10. Which are a husband's due.
11. And that she may have consented.
12. R. Zebid and R. Papa.
13. Whom a husband might safely entrust with valuables.
14. In consequence of which she would not have consented in return for her handiwork to forego her right to maintenance. Such a woman. according to R. Zebid, would still not be entitled to the court's ruling for her allowance, while according to R. Papa she would.
15. Whom no husband would entrust with valuables.
16. And who, in consequence, might have consented to forego her maintenance in return for her handiwork. Such a minor, according to P. Zebid, would, while according to R. Papa she would not, be entitled to the court's ruling for an allowance.
17. Lit., 'until here'.
18. An objection against Samuel.
19. Cf. supra p. 672, n. 4.
20. By entrusting her with some valuables.
21. If he takes the prescribed oath, and the amount allowed by the court must be refunded to him. From here it obviously follows that the court does make an allowance from an absent husband's estate, a legal practice which is contrary to Samuel's ruling.
22. A dead man, sorely, could not come and make a declaration.
23. Tosef. Keth. XII. Lit., 'what they have fixed is fixed'; which proves that the court does make an allowance to a wife from her absent husband's estate, contrary to the ruling of Samuel.
24. Lit., 'go down into'.
25. This is explained infra. Cf. supra 48a. A contradiction thus arises (cf. supra n. 5) against Samuel's view.
26. Who now refuses to continue to act on his behalf. A husband's appointment of a trustee conclusively proves that he has left no valuables with his wife for her maintenance, and that be could not have asked her to retain her handiwork for her maintenance. Hence it is quite proper for Beth din to arrange for her maintenance. Where no trustee, however, is appointed Samuel's ruling holds.
27. Since it is assumed that he had entrusted the maintenance of his wife to a trustee, why not assume the same in regard to his sons and daughters?
28. Lit., 'for this'.
29. That provision was made for the one and not for the others. The Baraitha, surely, draws no distinction.
30. That 'anything else' was not to be provided for.

charity.¹  He, however, who replied, 'Charity' [restricts the ruling to this alone] but cosmetics [he maintains] must be given to her, for [her husband] would not be pleased that she should lose her comeliness.²

Come and hear: A yebamah³  during the first three months is maintained out of the estate of her husband — Subsequently⁴  she is not to be maintained either out of the estate of her husband or out of that of the levir. If, however, [the levir] appeared in court⁵  and then absconded she is maintained out of the estate of the levir!⁶  — Samuel can answer you: What possibility need we take into consideration in the case of this [woman]?⁷  If that of⁸  [having been entrusted⁹  with] bundles of valuables¹⁰  [one could well object that such a levir] is not well disposed towards her;¹¹  and if that of¹²  [the remission of] her handiwork¹³  [the fact is, it could be retorted, that] she is under no obligation to give it to him.¹⁴

Come and hear: A woman who went with her husband to a country beyond the sea and then came back and stated, 'My husband is dead', may, if she wishes, successfully claim her maintenance and, if she prefers, may equally claim her kethubah. [If she stated, however,] 'My husband has divorced me', she may be maintained¹⁵  to the extent of her kethubah!¹⁶  — Here also [it may be replied, it is a case] where a report was received that he had died. Then¹⁷  why [is she maintained] only to the extent of her kethubah? — Because she herself has brought the loss upon herself.¹⁸

Come and hear: In what circumstances was it laid down that [a minor who] exercised her right of refusal¹⁹  is not entitled to maintenance? It cannot be said, In [those of] one who lives with her husband, since [in such circumstances] her husband is under an obligation to maintain her, but [in those], for instance, [of one] whose husband went to a country beyond the sea, and she borrowed money and spent it²⁰  and then²¹  exercised her right of refusal. Now, the reason [why she is not entitled to maintenance is obviously] because she exercised her right of refusal; had she, however, not exercised her right of refusal, maintenance would have been granted to her?²²  — Samuel can answer you: What possibility need we provide against as far as she is concerned? If against that of²³  [having been entrusted with] bundles of valuables [it may be pointed out that] no one entrusts a minor with valuables; and if against that of [the man's remission of] her handiwork²⁴  [the fact is, it could be argued, that] the handiwork of a minor does not suffice [for her maintenance].²⁵  What is the ultimate decision?²⁶  When R. Dimi came²⁷  he related: Such a case was submitted to Rabbi at Beth She'arim²⁸  and he granted²⁹  the Woman³⁰  an allowance for her maintenance, [while a similar case was submitted] to R. Ishmael at Sepphoris³¹  and he did not grant her any maintenance. R. Johanan was astonished at this decision — What reason [he wondered] could R. Ishmael see that [in consequence of it] he allowed her no maintenance? Surely the sons of the High Priests and Hanan differed only on the question of the oath,³²  but [they all agree, do they not, that] maintenance is to be given to her? — R. Shaman b. Abba answered him: Our Master, Samuel, in Babylon has long ago explained this [as being a case] where a report had been received that [the absent husband] had died. 'You', the other remarked, 'explain so much with this reply'.

When Rabin came²⁷  he related: Such a case was submitted to Rabbi at Beth She'arim²⁸  and he did not grant the woman³⁰  any maintenance, [while in a similar case which was submitted] to R. Ishmael at Sepphoris³¹  [the latter] granted her an allowance for her maintenance. Said R. Johanan: What reason could Rabbi see for not granting her an allowance, when Hanan and the sons of the High Priests obviously differed only in respect of the oath³²  but [agreed that] maintenance is to be given her? — R. Shaman b. Abba replied: Samuel in Babylon has long ago explained this [as being a case] where a report has been received that [the absent husband] had died. 'You', the other remarked, 'explain so much with this answer'. The law, however, is in agreement with Rab,³³  and a married woman is to be granted an allowance for her maintenance. The law is also in agreement with a ruling which R. Huna laid down in the name of Rab, R. Huna having stated on the authority of Rab: A wife is within her rights when she says to her husband, 'I desire no maintenance from, and refuse to do [any work for you]'. The law, furthermore, agrees with a ruling of R. Zebid³⁴  in respect of glazed vessels,³⁵  R. Zebid having laid down: Glazed vessels³⁵  are permitted³⁶  if they are white or black,³⁷  but forbidden³⁸  if green.³⁹  This,⁴⁰  however, applies only to such⁴¹  as have no cracks⁴²  but if they have cracks they are forbidden.³⁸

MISHNAH. IF A MAN WENT TO A COUNTRY BEYOND THE SEA AND SOMEONE CAME FORWARD⁴³  AND MAINTAINED HIS WIFE, HANAN SAID: HE LOSES HIS MONEY.⁴⁴  THE SONS OF THE HIGH PRIESTS⁴⁵  DIFFERED FROM HIM AND RULED: LET HIM TAKE AN OATH AS TO HOW MUCH HE SPENT AND RECOVER IT. SAID R. DOSA B. HARKINAS: [MY OPINION IS] IN AGREEMENT WITH THEIR RULING. R. JOHANAN B. ZAKKAI SAID: HANAN SPOKE WELL [FOR THE MAN] PUT HIS MONEY ON A STAG'S HORN.⁴⁶

GEMARA. Elsewhere we have learned: If a man is forbidden by a vow to have any benefit from another

1. Since a court which has no power to provide from a man's estate for his own wife's enjoyments would have much less power to exact charity from his estate.
2. Supra 482.
3. A woman whose husband died without issue, and who awaits levirate marriage or halizah which must not take place before the lapse of three months after her husband's death.
4. Lit., 'from now and onwards'.
5. To answer the widow's demand for marriage or halizah.
6. Yeb. 41b. Is not this then (cf. supra P. 687, n. 5) an objection against Samuel's ruling?
7. To deprive her in consequence of her maintenance.
8. Lit., 'on account of'.
9. By the absent levir, before his departure.
10. To cover her cost of living.
11. Lit., 'his mind is not near to her', and it is, therefore, most unlikely that he left any valuables with her.
12. Lit., 'on account of'.
13. Sc. that he might have allowed her to retain the proceeds of her handiwork to defray therewith her cost of living.
14. Hence the indisputable right of the court to grant an allowance out of the absent levir's estate. In the case of an absent husband, however, where both possibilities must be taken into consideration, Samuel's ruling holds.
15. Out of her husband's estate, by an order of the court.
16. Because if she was in fact divorced she is well entitled to her kethubah, and if she was not divorced she has a rightful claim to maintenance. Now, is not this ruling (cf. supra p. 687. n. 5) an objection against Samuel's ruling?
17. Since the assumption is that she is a widow.
18. By declaring that she had been divorced. A divorcee is entitled to her kethubah but, unlike a widow, is not entitled to maintenance.
19. V. Glos. s.v. mi'un.
20. Lit., 'and ate'.
21. Lit., 'she stood up'.
22. Which is an objection (cf. supra p. 687. n. 5) against Samuel.
23. Lit., 'on account of'.
24. V. supra p. 689, n. 3.
25. And she would not have agreed to release her husband from his obligation to maintain her in return for the inadequate income from her handiwork.
26. Lit., 'what is there about it?' Is maintenance to be allowed to a wife out of her absent husband's estate?
27. From Palestine to Babylon.
28. Cf. supra p. 663, n. 4.
29. Out of the estate of her absent husband.
30. Lit., 'her'.
31. Cf. supra p. 410, n. 6.
32. V. our Mishnah.
33. Supra 107a ab init.
34. [This is introduced here because R. Zebid figures in the above discussion; or, it is likely that both the rulings of R. Huna and R. Zebid were adopted at the same session, v. Shittah Mekubbezeth].
35. If earthenware.
36. For use (cf. infra note 5ff).
37. These kinds of glaze prevent absorption despite the porous nature of the earthenware.
38. To be used at all, if they once contained heathen foodstuffs or heathen wine of libation (nesek), or on the Passover if they ever contained frames, any foodstuffs that were not free from leavened substances of any of the five kinds of grain (cf. Hal. I, i).
39. Or 'yellow'. The last mentioned glaze, unlike the former, contains crystals of alum which increase the absorptive capacity of the potsherd (cf. A.Z. 33b).
40. That green (or yellow) glazed earthenware is permitted (v. sura note 4).
41. Lit., 'and it was not said but'.
42. In the glazed surface.
43. Lit., 'and one rose'.
44. He has no legal claim upon the husband who neither instructed him to advance the money nor promised to refund his expenses.
45. Cf. supra p. 672, n. 7.
46. Metaph. He could never recover the money from the stag, nor can he recover it from the woman or her husband (cf. p. 691 n. 12).