Torah Community Connections

Week 61 - Shabbat - 27 January 2001

KETUBOT: CHAPTER 4: MISHNAH 2

If a man gives his daughter in betrothal, and he divorced her, he gave her in betrothal, and she was widowed - her ketubah is his. If he gave her in marriage, and he divorced her, if he gave her in marriage, and she was widowed - her ketubah is hers. Rabbi Yehudah says, The first belongs to the father. They said to him, After he gave her in marriage, her father has no authority over her.

Kehati

Our mishnah continues to discuss the father's rights regarding his daughter who is a minor. It teaches that her father acquires her ketubah if she is divorced or widowed after betrothal, (erusin), but not if she is divorced or widowed after marriage (nisu'in). As explained elsewhere, the ketubah is usually written at the time of marriage (nisu'in); our mishnah deals with a case in which the ketubah was written at the time of betro-thal (erusin) (Rabbeinu Nissim), and therefore, even if she is divorced or widowed after betrothal, she receives her ketubah. According to another interpretation, the Tanna of our mishnah holds that an arusah (a betrothed woman) is entitled to a ketubah (Rashi; Bartenura).

If a man gives his daughter in betrothal - when she is a maiden (na'arah) or a minor (ketanah), and he-the betrothed (arus), divorced her - or she became widowed, and he - her father, then gave her in betrothal - to another, and she was widowed - or divorced from the second arus, the money of her ketubah - from both betrothals, is his - her father's, since she is still under his authority. But if he - the father, gave her - his daughter, in marriage (nisu'in), and he - her husband, divorced her - and -- he -- the father - gave her in marriage - to another, and she was widowed - from her second husband, her ketubah is hers - even the ketubah from her first husband, which was written when she was still under her father's authority, is hers, because this authority expired when she first married.

Rabbi Yehudah says, The first - ketubah written at the time of her betrothal before the nisu'in (as explained above), while she still was under her father's authority, belongs to the father - since according to Rabbi Yehudah, the time the ketubah was written is the decisive factor.

They - the Sages, said to him - Rabbi Yehudah, After he gave her in marriage - her father has no authority over her-the Sages hold that the "collection," not the writing of the ketubah is the decisive factor, and when she collected the ketubah she was no longer under her father's authority; therefore, if she was divorced or widowed (after nisuin), the ketubah is hers. The halakhah follows the Sages.

According to the Gemara, the text of the mishnah reads, "he divorced her, he gave her in betrothal, and she was widowed," and similarly, "he divorced her, he gave her in marriage, and she was widowed" rather than, she was "widowed" each time, so as not to confine itself to instances of "calamity"; the Tanna teaches us incidentally that our mishnah follows Rabbi (Yehudah Hanasi) that if two of the woman's husbands die, she is deemed a "katlanit" (one whose husbands are likely to die) ( Yev. 64b) and should not remarry. It is for this reason the mishnah does not state, "and divorced her" in both instances, i.e., to let Rabbis' halakhah transpire (see Tosefot Yom Tov, Tiferet Yisrael).

KETUBOT: CHAPTER 4: MISHNAH 3

A female convert whose daughter was converted with her, and she committed adultery - then she is liable to strangulation. She has neither the door of the house of her father, nor one hundred sela. If she was not conceived in sanctity but was born in sanctity - then she is liable to stoning. She has neither the door of the house of her father, nor one hundred sela. If she was conceived and born in sanctity, then she is as the daughter of an Israelite in every respect. If she has a father, but does not have the door of the house of her father; if she has the door of the house of her father, but does not have a father - then she is liable to stoning; "the door of her father's house" was stated only as a religious duty.

Kehati

The Torah writes, concerning the slanderer, "And they shall fine him a hundred silver, and give them to the father of the maiden, because he has brought out a bad name on a virgin of Israel ... But if this thing be true (i.e., witnesses came and testified that she committed adultery after betrothal) ... then they shall lead the maiden out to the door of her father's house, and the people of her city shall stone her with stones that she die; because she committed a shameful act in Israel, to play the harlot in her father's house" (Deut. 22:19-21).

Our mishnah teaches that the law of slander and "stoning" applies only to "a virgin of Israel, " but not a female convert, even when presumed to be

A female convert whose daughter was converted with her - even if the daughter was less than three years of age, and presumed to be a virgin, and she - the daughter, committed adultery - when she was a betrothed girl (na'arah), then she is liable to strangulation - and not stoning, since the punishment of stoning for a betrothed girl only applies to the daughter of an Israelite, as it is written, "because she committed a shameful act in Israel." She has neither the door of the house of her father - they need not take her to the door of her father's house to execute her, as in the case of a betrothed girl nor one hundred sela - her husband is not obligated to pay the fine of "one hundred of silver" if he slandered her, since this law only applies to a virgin of Israel, as stated above.

If she was not conceived in sanctity - her mother conceived her before she was converted, but was born in sanctity - she was born after her mother converted, then she is liable to stoning - if she commits adultery as a betrothed girl, as it is written, "and the men of her city shall stone her with stones that she die"; the Sages learned from the superfluous "that she die" that "if her concep-tion was not in sanctity but her birth was in sanctity," she too is liable to stoning (rather than strangulation). However, this applies only to the death penalty, but in other respects she does not share the status of a born Jewess.

She has neither the door of the house of her father, nor one hundred sela -- as explained above.

If she was conceived and born in sanctity - her conception followed her mother's conversion, then she is as the daughter of an Israelite in every respect - concerning slander.

If she - the daughter of an Israelite, who has a father, but does not have the door of the house of her father - e.g., her father does not have a house; or - if she has the door of the house of her father, but does not have a father - who died so that we cannot fulfill "then they shall lead the maiden out to the door of her father's house," nevertheless,

she is liable to stoning - if she commits adultery as a betrothed girl, since "the door of her father's house" was stated only as a religious duty - it is a religious duty to bring her out to the door of her father's house when this is applicable, but is not an indispensable prerequisite for stoning.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives