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Week 63 - Thursday - 8 February 2001

KETUBOT: CHAPTER 6: MISHNAH 5

One who gives his daughter in marriage without specifying -- may not give her less than fifty zuz. If he stipulated to give her in marriage unattired -- the husband may not say, "When I take her into my house, I will cover her with my clothing," but he covers her while she is still in her father's house. And likewise, one who gives an orphan in marriage -- may not give her less than fifty zuz. If there is in the fund, they support her according to the honour due to her.

Kehati

In our commentary on 6:2 (above), we mentioned that a father should provide his daughter with her clothing and a worthy dowry, so as to encourage suitors. Our mishnah determines the minimum amount that a father must give his daughter for her wedding expenses.

One who gives his daughter in marriage without specifying -- his contribution to her wedding expenses, may not give her less than -- the minimum of -- fifty zuz. If he stipulated to give her in marriage unattired -- i.e., if the father stipulated that he would not give his daughter clothing on her wedding, and the husband agreed the husband may not say, "When I take her into my house -- after the nisu'in, I will cover her with my clothing" -- such as a husband is obligated to provide for his wife, but he -- the husband, covers her -- must clothe her, before the marriage (nisu'in), while she is still in her father's house -- out of respect for her.

And likewise, one -- the administrator of the charity fund who gives an orphan in marriage -- financed by the charity fund may not give her less than fifty zuz -- for her wedding expenses If there is -- money left -- in the -- charity -- fund, they support her -- provide her with clothing and other wedding requirements in excess of fifty zuz, according to -- as befits -- the honour due to her -- some commentators derive from the mishnah that fifty zuz must be found for an orphan, even if there is no money in the fund, and the administrators must borrow the sum (Rabbeinu Nissim, citing one opinion in the Jerusalem Talmud; see also Tosefot Yom Tov).

KETUBOT: CHAPTER 6: MISHNAH 6

An orphan who was given in marriage by her mother or her brother with her consent, and they wrote for her one hundred, or fifty zuz -- she can, after she comes of age, exact from them what should rightfully be given to her. Rabbi Yehudah says, If he gave his first daughter in marriage -- the second should be given in the same manner as he gave to the first. But the Sages say, sometimes a man is poor and becomes wealthy, or he is wealthy and becomes poor, rather, they appraise the assets and give her.

Kehati

The Rabbis enacted that if the father dies and is survived by an unmarried daughter, his heirs are obligated to marry her off and provide her with a dowry from the estate. Our mishnah teaches that the heirs fail to fulfill their obligation by providing a dowry of fifty zuz, or even more, unless they furnish her with the requisite dowry.

An orphan -- a minor, who was given in marriage by her mother or her brother -- even -- with her consent -- i.e., free acquiescence and they wrote for her -- stipulated a dowry of one hundred, or fifty zuz -- which, according to the Rabbinic enactment, is not adequate dowry, she can, after she comes of age, exact from them -- i.e., the heirs', what should rightfully be given to her -- the Gemara quotes the following baraita: "Rabbi says, A daughter who is supported by the brothers takes a tenth of the property" (Ket. 68a), i.e., the heirs are obligated to give, for her dowry, one tenth of the assets of the estate owned by them at the time of her marriage. The mishnah says "with her consent" to emphasize that even though she was wed "with her consent," and approved the dowry they assigned for her, her relinquishment is ineffective because she was a minor at the time of her marriage, evidently, if she was married without her consent she can immediately draw out her legitimate dowry since there has actually been no marriage (Rashi and other commentators).

Rabbi Yehudah says, If he -- the father, gave his first daughter in marriage -- during his lifetime, and gave her a dowry, -- the second daughter, who is now orphaned, should be given by the heirs, in the same manner as he -- the father, gave to the first -- Rabbi Yehudah holds that the second should be based on an estimate of the father's stipulation for this daughter were he to give her in marriage now. If, however, this is not feasible, Rabbi Yehudah agrees that they give her one tenth of the property.

But the Sages say, Sometimes a man is poor and becomes wealthy, or he is wealthy and becomes poor -- the Gemara explains that the mishnah does not refer to economic wealth, in which case, Rabbi Yehudah would agree that the heirs of a person who became impoverished need not equal the dowry that the father gave to his first daughter; rather, the mishnah refers to the rich or poor in mind, i.e., generous or stingy. According to the Sages, the dowry given to the first daughter does not necessarily determine the father's intended dowry for his second daughter, since a person may be "poor" in mind, i.e., stingy in his provision for his first daughter and subsequently becomes generous and furnish his second daughter with a copious dowry, or vice versa. Accordingly, they do not proceed by the evaluation of the father's wishes, but rather they appraise -- all -- the assets -- of the estate, and -- the heirs, give her -- the orphan, a dowry according to what befits the owner of such property.

There are three differing opinions in the mishnah: (1) the First Tanna agrees with Rabbi, that they give her one tenth of the property; (2) Rabbi Yehudah holds that they base the dowry on an estimation of the father's wishes; 3) the Sages say that they give according to an appraisal of the property. Rashi and most commentators follow this interpretation, and it is similarly taught in the Tosefta: "How are daughters supported and provided for from their father's estate? They do not say, if their father were alive he would give her a certain amount; rather they consider corresponding cases (girls of similar status), how they are supported and provided for, and they give her the same amount. Rabbi says, Each daughter takes one tenth of the property. Rabbi Yehudah says, If the father gave the first daughter in marriage, it shall be given to the second daughter in the same manner in which it was given to the first one. According to another interpretation, there are three opinions in the baraita, but only two in the mishnah: i.e., Rabbi Yehudah and the Sages disagree regarding the mishnah's teaching, "she can, after she became of age, exact from them what should rightfully be given to her." According to Rabbi Yehudah, this entails an estimate of the father's mind, whereas the Sages define it as one tenth of the property (Tosafot; see also Rabbeinu Nissim).

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