Eighteen Treatises from the Mishna: XXIV. Treatise Ketuboth: Chapter XI

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Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER XI.

§ 1. A widow must be maintained out of the property of the orphans, 1 and her earnings belong to them; and they are not bound to [defray the cost of] her funeral. Her heirs, who inherit her Ketubah, are bound to [defray the cost of] her funeral.

§ 2. A widow, whether [she become such] after betrothment only, or after [actual] marriage, may sell 2 without applying to the Bethdin. R. Simeon saith, "[A widow] after actual marriage, may sell without applying to the Bethdin; 3 but [a widow] after betrothment [only], must not sell, without [previous application to] the Bethdin, because she [the last named] is not entitled to her maintenance [out of the husband's estate]; and any woman who is not entitled to a maintenance, must not sell, without [previous application to] the Bethdin."

§ 3. Should she have sold, mortgaged, or given away [to the whole amount of] her Ketubah, or [to] a part thereof, she must not sell the remainder, 4 without [previous application to] the Bethdin; but the sages hold, "She may make four or five different sales 5 [if] she sells for her necessary maintenance, [and she may do it] without [previous application to] the Bethdin. [In that case, however] she inserts [in the deed of sale], 'I make this sale for my [necessary] maintenance.' A divorced woman must not sell without [applying to] the Bethdin."

§ 4. Should a widow, whose Ketubah is two hundred dinar, sell part of the land liable to her Ketubah [to] the value of one hundred dinar for two hundred, or [to] the value of two hundred dinar for one hundred, [in either case it is held that] she has received the full amount of her Ketubah. 6 Should her Ketubah be one hundred dinar,

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and she has sold to the amount of one hundred and one dinar, the sale is void; even though she offers to make good the one dinar to the orphans, her sale is void. 7 R. Simeon ben Gamaliel saith, "Her sale is always valid, 8 unless she thereby prevents the orphans from having a field of nine kab seed corn, or a garden of half a kab seed corn." According to R. Akivah, "[A garden of] one-quarter kab seed corn." 9 Should her Ketubah amount to four hundred dinar, and she sells to one a hundred dinar worth, and to another a hundred dinar worth, and to the last purchaser she sells to the value of one hundred and one dinar for one hundred, her last sale is void, but all her preceding sales are valid.

§ 5. Should a judicial appraisement be made either one-sixth too high, or one-sixth too low, the sale [made in consequence of such valuation] is void; but R. Simeon ben Gamaliel maintains "That the sale is valid, for if it were otherwise, what would be the good of judicial authority? 10 But if they [the Bethdin] make public advertisement [of the land to be sold], even though they sold what was actually worth one hundred dinar for two hundred, or what was [actually] worth two hundred dinar for one hundred, their sale is valid."

§ 6. She who refuses [to cohabit with her husband], 11 or [who is related to him in] the secondary [degree of consanguinity], 12 or an ‏אילונית‎, 13 are not entitled to any Ketubah, or [compensation for] usufruct, 14 or maintenance or [compensation for] wear and tear. 15 If at the time of marriage he [the husband] knew that she [the bride] was an ‏אילונית‎, she is entitled to her Ketubah. A widow [married] to a high priest; a divorced woman, or one who has performed [the ceremony of] Chalitza, 16 [married] to an ordinary priest; a bastardess,

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or Nethineth 17 [married] to an Israelite; or a daughter of Israel married to a bastard or Nethin, are all entitled to their Ketubah.

Footnotes

271:1 The children of her deceased husband.

271:2 The land on which her Ketubah is secured.

271:3 Because her Ketubah is to supply her with her necessary maintenance. And as she could expend it, had she received the amount in ready money without applying to the Bethdin, she is entitled to raise money without any such application.

271:4 Any addition to the standard amount of two hundred dinar for a virgin, and one hundred for a widow which may he settled upon her.

271:5 She may sell the land piecemeal, so as, by different sales, to realise the amount of her Ketubah.

271:6 She does not enjoy the profit arising from her sale, although she must bear the loss arising therefrom.

272:7 Because she sold what was not her own.

272:8 And she need only make good the dinar.

272:9 A piece of land equal to nine kab seed corn, is called a field, and to one-half kab seed corn, is called a garden: of less size it is only a plot of ground.

272:10 As that is resorted to, because it is binding, and prevents disputes that might arise from difference of opinion in cases of private valuation.

272:11 Who having during her minority been given in marriage by her mother or brothers, refuses to live with her husband after she grows up. (Vide Treatise Niddah, chap. VI. § 11.)

272:12 (Vide Treatise Yebamoth, chap. II. § 4.)

272:13 Vide ib.

272:14 That her husband has enjoyed of her property.

272:15 Which her property has undergone during that time.

272:16 Vide Treatise Yebamoth, chap. I. § 2, note 2.

273:17 Vide Treatise Yebamoth, chap. VII. § 1.

Next: Chapter XII

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FONT> without applying to the Bethdin. R. Simeon saith, "[A widow] after actual marriage, may sell without applying to the Bethdin; 3 but [a widow] after betrothment [only], must not sell, without [previous application to] the Bethdin, because she [the last named] is not entitled to her maintenance [out of the husband's estate]; and any woman who is not entitled to a maintenance, must not sell, without [previous application to] the Bethdin."