IU727 D^W P-ID Π^ΝΠ ΠΚ NWUH Mishnah 1: If
Total Page:16
File Type:pdf, Size:1020Kb
-IU727 D^W p-ID Π^ΝΠ ΠΚ NWUH vyjon rma nis "ρ^ψ h? iQV ^RVl?1 M^ian :H ajwo (foi. 34d) rim τΐί< H? «^Vl?1 D'iw vipn nw!? i»n rmw NinwDi? liwmn -ion> ΚΪ ,o>i\y won row!? n»n o'ivy won τ -: τ ν · I · τ - · τ "τ τ τ - · τ ·· τ •pit «ν ηη ιτριψ ι-ι>?κ'> ν"!? ρ·) ,Ν'ηψ oipo> ri'jiij^o Tb *j>}io vby, ,τώί*ο Tb inii τηΜί rm τπν n!?n ιπν3 πηίΝ Τ · " Τ Υ TT TV TV Τ V τ Mishnah 1: If somebody marries a woman and contracts with her to sustain her daughter1 for five years, he is obligated to sustain her for five years2. If [the mother] was married3 to another man who contracted with her to sustain her daughter for five years, he is obligated to sustain her for five years. The first one cannot say, if she will come to live with me I shall sustain her, but he has to bring her support to her place4. Similarly, the two cannot say we shall support her in common, but one of them sustains her and the other gives the money equivalent to her sustenance. 1 From a prior marriage. be renegotiated. 2 Even if he divorces her mother 3 During the five years from her before the end of the five years, since marriage to the first. his obligation is towards the daughter, 4 Who is with her mother, in the and obligations towards minors cannot second husband's house. ιρηπο Nin nm ioy n^pai πψκπ rus Νψύπ :H ro^n (34d line 32) nin -ιυψ iriisn ,ιηρκ "ρηηιρ ^p1? ρ "pypyj >n-fl ijnv >a-> ρ ,rb .ft ·)γι>> ι>>η ί3>κ ft :p>n ίί'Νψ Ν^οη ft ι»η Νίπψ ripw:? i-pan HALAKHAH 1 527 wy .«poa ιπη .nairD nao^11? 1vyV 1? pvpw 'ai nwNn nis ηπίκ wy .rmsyfon njwo ιπη ,πψΝ WTp? nriiN .vnint? im -OHÖ vb n^yo rivni? rowa im -OH i> n!? in^ run ^ τ τ τ •· · τ τ τ - τ τ τ -• τ ι •• τ : κ- Halakhah 1: " If somebody marries a woman and had contracted with her," etc. How does he become indebted to her5? Do not Rebbi Johanan6 and Rebbi Simeon ben Laqish both say, if somebody writes a debenture for another person under the assumption that he owes him and it turns out that he does not owe, he does not have to give to him7! Rebbi Simeon ben Laqish said, they gave it the status of an addition to the ketubah8. Then he should have to pay in the end9! They gave it the status of the gift for a woman's preliminary marriage10. Then he should pay up front11! They treated it as when one marries a woman preliminarily by promising to give her twelve silver denars within one year by delivering one silver denar's worth every month12. 5 Since obviously the intention of 8 A voluntary addition by the the groom was to feed the daughter groom to the minimal amounts of the with her mother in his house; if he had ketubah, which is protected by all known that he would divorce the privileges given to the ketubah. mother before the daughter reached 9 Not at the end of five years but marriageable age he would not have at the end of the marriage, when the agreed to these terms. Can he not entire ketubah becomes due claim now that he entered the immediately. But the Mishnah lets him obligation in error? pay off his obligation for the 6 In the Babli, 101b, he is remainder of the five years. reported to hold that an obligation 10 This is an awkward formulation entered into voluntarily cannot be of the answer given to the question in repealed, as pointed out by Tosaphot, the Babli (102a): The mother acquires 102a s. v. fO^K the rights for her daughter under the 7 Cf. Chapter 5, Halakhah 1. special rules for acquisition by the 528 KETUBOT CHAPTER TWELVE children of sums promised by the 11 Anything promised for respective parents when they decide on preliminary marriage has to be the marriage pact, cf. 5:1 (Notes 15,16), delivered at the preliminary marriage. 6:2 (Note 29). The acquisition of rights 12 The husband delivers by taking by mother and daughter as a the daughter to live in his house consequence of the oral promise of the together with her mother. groom. "I^Vl vn I1? OrJWJOJJ D>3\i> \ypn rm .'ill (34d line 38) vn .int? irm n)a-n Ν>Π ON-) ΐηύ on? Νΐη ON .tonm nan ,N>n ?qn .^iri irm no-jj κ>ηψ v? ίοηψ ,ννρίτη .rifiv Ν!?·) rfriy It was stated: He supports her the first five years, whether in inflation or in deflation. If [living expenses] were high and became low, if he was the cause13, he pays the high rate, if she was the cause, he pays the low rate. If they were low and became high, whether he was the cause or she was the cause, he pays the low rate14. That is, "the daughter neither ascends nor descends.15" 13 If he divorced the girl's mother living expenses which were the going by his own initiative before the end of rate at the time the contract was the contracted years. signed. 14 He obligated himself only for 15 Cf. Chapter 5:6, Note 154. iijv lin^i ·)13>Ν i^nn ιιρυ in ,·)3>3ΓΙ ιαη (34d line 42) .•>0 ϊψ nan >*ρ nwyo .>3ΊΙΟ?3 ,η^ >3ro .»pDip litnm .niiitp >>rf tö pjjiii in·) ι»η .Nin y? pos .rnnN κ*τη ,·»ον ion .i^yi-w nn> rwyoi rm .moN ντγι ' - τ τ : it ττ - τ τ *! - : τ ν τ .. - τ τ τ : ιτ τ τ ,ηϋίΊ N>m itttN Niinw rum Min ,i:o:?vy nn> nwym rw inio wt? Τ Τ Τ ν τ VT .· - ΤΤ τ - I τ HALAKHAH1 529 •>ι?ο rmo >>?? r£n ,rmit>p tö piJiii in") ο?'??! .παν ΉΟ .rmn 11? rmn .riNvtmi There16, we have stated: "The female children you will have by me shall live in my house and be supported by my estate," and it was stated about this: They will be clothed with garments supplied by me17. For whom does the daughter work? Let us hear from the following18: "The husband has to sustain her and they pay the cost of her sustenance." This means, he feeds her but she works for her husband19. Rebbi Yose20 said, this means that if somebody had agreed to sustain his daughter-in-law, he has to sustain her, but she works for his son. If he wants her to be with him21 but she does not want to, the law is with her, as we have stated: "They pay the cost of her sustenance." If she fell ill, it is as if she had married. If she died, is it as if she had married22? If she died, she already is dead23. 16 Mishnah 4:13. here Ktr 'st; an unlikely reading. 17 One should not interpret nijire 21 The daughter of his divorcee, in narrowly as "food" but more generally the case that her mother did not as "sustenance" (but excluding rent.) remarry. 18 Mishnah 12:2, about the wife's 22 Is the husband's obligation one daughter who marries while her that the wife's daughter's heirs can mother's (ex-)husbands continue to collect? support her. 23 The obligation ends with the 19 And if the daughter is still daughter's death. In the Babli, Baba unmarried, she works for herself. batra 140a, this is considered to be 20 Rosh (Chapter 12, #1) reads: obvious. Rebbi Assi; this means that he read 530 KETUBOT CHAPTER TWELVE 'PI Tö piJpiJ 24[ΐπ]·ι n'nwtpa n»n nan A tijvö (foi. 34d) D>pD3« row N'n-) win >3? o>p??o niiio in'riii} .πύί*)? rizs iimvi rop piniD vn D'np'sn .iin n^no Ν'ηψ omywp .my ιρΝψ "ipr^s D>3\i» vyjpn Mishnah 2: If the daughter25 married, the husband has to sustain her and they pay the cost of her sustenance. If they died26, their daughters are supported from unincumbered property but she is supported from mortgaged property since her status is that of a creditor27. The intelligent ones did write: On condition that I support your daughter for five years the entire time you are with me28. 24 In the ms: fxi "they do not." ex-husband. This is an obvious scribal error which 27 Her claim is that of her mother's has been corrected from the quote in ketubah. Halakhah 1. 28 Then the daughter's claim is 25 The one mentioned in Mishnah terminated if either the mother is 1. divorced or the mother or the husband 26 The mother's husband and/or died. rain:? π^ύύρι n»n -Din ·λ roi>n (34d line 49) "py>?\y 'ail ijnv ^Ί "P^sj^n .ion νπν -α i'pji> nn .Ίοψι IP rm?i> .ion \)·>φΎ n -pypw rr>"! .inns pwn> ,ΊΟΝ ^ητ> .Ίΐν >1"! ΊΪ2Η .ΠΠ^ΙΟψ l'^DP ΓΡ)?")? '11 ,·)ΐπ? Dm^Wpn nil's pN^io .inn i^irii .inns pwn> .nm ifooip Njmop •pp'ri 'pap o'iavivypn ninn·) n\iwn ·ρ*)?!?ι ηίνρηρ ηιψ!ρι Ν^πψ .n>)3n ' 1-1 ιρκ .ιοψι ΪΟΠ ηκ .ιοψ? o^vn lOWτ l ΪΟτΠτ IIN - ."TOWτ ! ΗΪ .lin HALAKHAH 2 531 Halakhah 2: "If the daughter married, the husband has to sustain her," etc.