json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Nashim/Bartenura on Mishnah Ketubot/English/merged.json

{
    "title": "Bartenura on Mishnah Ketubot",
    "language": "en",
    "versionTitle": "merged",
    "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Ketubot",
    "text": [
        [
            [
                "בתולה נשאת ליום רביעי – but not on Thursday night, for one would suspect that he would be excited/troubled with the marriage [ceremony] and he would not be able to engage in intercourse.",
                "שמא יש לו טענת בתולים – such that he [i.e., the husband] would say, I engaged in sexual intercourse but I did not find blood; it made no difference whether she was a minor or a young maiden or an adult, or whether I found an absence of virginity [in her]. If she was a minor or a young maiden , but if she was an adult, there can be no claim of the absence of virginity.",
                "ישכים ויבא לב\"ד – all the while his anger is upon him, lest he become appeased and be pacified and sustain her and lest she invite unfaithfulness against him and she became forbidden to him. , and the Gemara raises the question , if she should get married on Sunday and if he has a claim [against her] concerning her virginity , he should get up early on Monday morning to go to the Jewish court. And they responded that the Sages were considerate towards the daughters of Israel (in ordaining weddings to be held on the fourth day of the week) that he should be engaged in preparations for the [wedding] meal for three days, Sunday Monday and Tuesday and on Wednesday, he would consummate the marriage. And at a time when the Jewish courts would not be in session on Mondays and Thursdays, a woman may be married on any day, but that he should be engaged in the preparations for the [wedding] meal for three days. And because of the ordinance for the poor, we have the practice in some places to marry on Fridays. And the reason that a widow [would marry] on Thursdays, is because the Sages were considerate towards the daughters of Israel that he should be happy with her for three days: Thurday, Friday and Shabbat. And a person who marries a widow it is prohibited to engage in work for three days, but one who marries a virgin [is prohibited to engage in work] all seven days. And regarding the wedding blessings [in the Birkat HaMazon/the blessing following the meal], it makes no difference whether a young man married a widow or whether a widower married a virgin, we recite the wedding blessings all seven days. But a widower who married a widow, [recites them] one day."
            ],
            [
                "בתולה אלמה גרושה – that is to say, a virgin who is a widow or divorcee or a woman who was released from leviratical marriage [by a halitzah] by the brother of now-deceased betrothed, and she went back and married [another], her Ketubah/marriage contract from the second husband is two hundred [zuz].",
                "ויש לה טענת בתולים – if the second [husband] did not find her to be a virgin, she has lost her Ketubah, for it is a mistaken purchase as there was a presumption of her being a virgin when she married."
            ],
            [
                "שבא על הקטנה – [a minor girl who is] less than three years and one day [old], for her coition is not coition.",
                "וקטן – [a minor boy who is] less than nine [years of age] as his coition is not coition if he engages in sexual relations with an adult women.",
                "ומוכת עץ – if [piece of wood] had been inserted in her at that same place",
                "כתובתן מאתים – it they simply married in an undefined manner",
                "וחכמים אומרים: מוכת עץ כתובתה מנה – And the Halakha is according to the Sages, and even if he did not know her, her Ketubah is a Maneh, and it is considered an errant purchase."
            ],
            [
                "בתולה שהיא אלמנה או גרושה או חלוצה מן הנשואים – if she went back and got married in an undefined manner, her Ketubah is a Maneh, for she is under the presumption [of being] no longer a virgin, we confirm , when she enters the marriage canopy."
            ],
            [
                "האוכל אצל חמיו ביהודה – When they were making the festive meal [celebrating her] betrothal in the house of the bride’s father in Judea, it was the practice that the betrothing [male] would be alone with his betrothed [female] in order that he may become bold towards her (i.e., become intimate). Therefore, when she gets married after that, there is no claim of [her not being] a virgin."
            ],
            [
                "ונסתחפה שדך – an inundating rain has come upon your field ( which is a euphemism) and ruined it, that is to say, your luck has caused this- and you [must] give me my Ketubah-value.",
                "והיה מקחי מקח טעות – and you don’t have a Ketubah [settlement] from me.",
                "נאמנת – and we make her take an equitable oath (i.e., one who is sued for a debt denies the latter entirely) that such is according to her words and she takes her Ketubah-value. And such is the Halakha. And if she said: “You found me to be a virgin,” she is not believed, but the Rabbis found the husband to be trustworthy and even without an oath, for it is presumption that a husband will not busy himself with the [wedding] meal and cause her a loss."
            ],
            [
                "דרוסת איש – she had sexual relations with a man.",
                "נאמנת – and she does not lose her Ketubah-payment. But nevertheless, if she was the wife of a Kohen and following the time of her betrothal, when she married, he claimed that “you had engaged in sexual relations with a man” we remove her from him, lest after he had betrothed her, she had had sexual relations with [another] man, since he said to her, “you had sexual relations with a man,” she is considered to him as a piece [of meat] that is forbidden, and even if by uncontrollable accident had engaged in sexual relations, we establish for ourselves that if she is the wife of a Kohen who had by uncontrollable accident [had sexual relations with another man], she is forbidden to her husband, and he must divorce her and provide her Ketubah-settlement."
            ],
            [
                "מדברת – engaging in sexual relations with",
                "וכהן הוא – of traceable genealogy, distinguished birth/well-connected",
                "נאמנת – and she is fit to marry into the priesthood."
            ],
            [
                "מה טיבו של עובר זה וכו' – Rabban Gamaliel states that she is to be believed and she and are daughter are fit to [be married into] the priesthood. But [concerning] the matter of inheritance, Rabban Gamaliel did not state that this fetus should inherit him, and the Halakha is according to Rabban Gamaliel in all the sections of our Mishnah. And even so, ab initio, she should not marry into the priesthood – neither one who speaks (i.e., one who has had sexual relationships) with one person and not the pregnant, other than if most of the people of the city are of traceable genealogy and this particular woman was impregnated from one of them who had separated himself outside of the city and had sexual relations [with her], for we say: “whatever comes out of a mixed multitude is presumed to have come from the majority “(i.e., has the legal status of the majority -see Talmud Ketubot 15a and Zevahim 73a), and so, she may marry into the priesthood whether she or her daughter."
            ],
            [
                "אם רוב העיר משיאין לכהונה – Even though that a majority of one in a general way is sufficient, regarding priestly descent is concerned, they put up a higher standard (i.e., made the law more stringent – Talmud Ketubot 13a). And here, the rabbis required a double majority: most of the party [of priests] that pass through the place and most of the people of the city. But, ab initio, we do not marry into the priesthood other than with the double majority – and such is the Halakha."
            ]
        ],
        [
            [
                "האשה שנתארמלה או נתגרשה – and she claims her Ketubah.",
                "הוא אומר – it refers to [her stating] “when I was divorced,” for if [it was] “when I was a widow,” the heirs would say, ‘our father married you when you were a widow,” and you have only a Maneh [as the payment for the Ketubah for a non-virgin].",
                "הינומא – there are those who say that it is a canopy of myrtles that they make for virgins and there are those who say that it is a veil that they place on the eyes and she is drowsy in it (see Talmud Ketubot 17b).",
                "וראשה פרוע – her hair is on her shoulder; such was how they would practice to remove the virgins from the home of their fathers to the wedding chamber.",
                "אף חלוק קליות – in the place of Rabbi Yohanan ben Beroka they had the practice to distribute parched corn at the nuptials of virgins and if there weren’t witnesses that they did so at her wedding according to the custom of the nuptials of virgins and the Ketubah/marriage contract was lost, the husband is believed and she doesn’t collect anything other than a Maneh."
            ],
            [
                "ומודה רבי יהושע – even though that above in the first chapter (Mishnah 6), regarding what she says: “after you betrothed me, I was raped,” Rabbi Yehoshua disputes Rabban Gamaliel and states, “we do not believe the woman.” In what she said: “after you betrothed me, I was raped,” and she disqualifies herself from [being able to marry into] the priesthood through “Miggo”-the legal rule according to which the deponent’s statement is accepted as true on the ground that, if he (or she) had intended to tell a lie, he/she might have invented one more advantageous to his/her case (see Talmud Ketubot 16a), for if she had wanted, she could have stated, “I was one who lost my hymen through an accidental lesion and was fit [to being able to marry into] the priesthood. These words [apply] where there is [a case] of prohibition or permission to prohibit [her to marry into] the priesthood or to validate it – in this Rabbi Yehoshua disputes Rabban Gamaliel and states that we don’t believe her through “Miggo,” but where there isn’t a case of prohibition and permission other than money at stake/eventual loss (see Talmud Ketubot 23b) such as, for example, where a person says to his fellow: “this field was your father’s, and I purchased it from him,” Rabbi Yehoshua agrees with Rabban Gamaliel that in a case like this, we believe him through “Miggo,” for if he had wanted, he could have said, “it is mine,” and when he said, “this field was your father’s, and I purchased it from him,” he Is believed.",
                "ואם יש עדים שהיא של אביו אינו נאמן – In the Gemara (Talmud Ketubot 17b) it explains that this Mishnah comes to inform us as for example, that he did not consume other than two years in the presence of the father and one year in the presence of the son, since he did not pay him three years of legal claim of undisturbed possession during a legally fixed period in the lifetime of the father, the year that he ate in the presence of the son does not count for him for the count of the years of presumptive ownership."
            ],
            [
                "אנוסים היינו – compulsion at the pain of death lest he kill him, but compulsion of money, lest he take his money [from him] and all the more so, if he said to him: “for most of the money that he gave us,” they are not believed, for no one incriminates himself (i.e., his testimony against himself has no legal effect), for a person is close to himself, and is not believed about himself, neither for acquittal nor for conviction. And similarly, those who are ineligible for testimony, which is on account of nearness but on account of transgression, they are not believed.",
                "יוצא ממקום אחר – inscribed in another document that is in the possession of the Jewish court , and this same document came before us with this one and the writing of the signatories are similar one to the other."
            ],
            [
                "הרי אלו נאמנים – for surely there are two witnesses on all of the handwritings.",
                "צריכים לצרף עמהם אחר – that on their own signatures they testify, not on the Maneh/monetary portion (the weight of gold or silver equal to one hundred common or fifty sacred shekels) in the document , and they require two witnesses for each handwriting.",
                "וחכ\"א אומרים אינם צריכין לצרף עמהם חר – that on the Maneh/monetary portion in the document they are testifying and when this one says, “this is my signature,” and the other [witness] says, “this is my signature,” it is found that there are two witnesses for the monetary amount in the document and the Halakha is according to the Sages."
            ],
            [
                "אם שנשאת – she did not actually get married, but rather, when they permitted her to get married, witnesses came that she had been taken captive, ",
                "she should not go forth (i.e., leave through divorce) from her first permission [to marry] and she should marry ab initio, but if witnesses came that she had been defiled, even if she had several children, she should go forth (i.e., leave the marriage)."
            ],
            [
                "שתי נשים שנשבו – that there are witnesses that they were taken captive.",
                "שמעידות זו את זו – each one of them says, “my companion is pure.”",
                "הרי אלו נאמנות – for with a captive woman, they were lenient to declare fit one witness, and even a slave and even a woman and even a minor who makes a statement in ignorance of its legal bearing, and as long as the witness testifies that he did not leave from her from the time that she was taken captive until the time that she left from the domain of the heathens (see also Tractate Yevamot, Chapter 16, Mishnah 7 and more crucially, the earliest of Mishnah texts, Tractate Eduyot, Chapter 6, Mishnah 1, especially the words of Rabbi Yehuda ben Baba)."
            ],
            [
                "אינן נאמנים – to give to them Terumah/priest’s due.",
                "ובזמן שהן מעידין זה על זה – for each one says, “I and my colleague is a Kohen.”"
            ],
            [
                "ר' יהודה אומר אין מעלין לכהונה ע\"פ עד אחד – even where there are not [witnesses] repaying each other (with mutual recommendations), and all the more so here, where one can be suspicious of repaying each other: “you testify about me and I [will testify] about you.”",
                "עוררין – that they call upon him a name of disqualification, but there is no contesting the legitimacy of a person with less than two [people].",
                "מעלין – where there aren’t [witnesses] repaying each other (with mutual recommendations), which is exactly what is between Rabbi Eliezer and the first Tanna/teacher of Rabbi Yehuda.",
                "רשב\"ג אומר מעלין לכהונה – In the Gemara (Tractate Ketubot 26a-26b) an objection is raised: Rabban Shimon ben Gamaliel is identical with Rabbi Eliezer and brings up that they disagree on whether they combine for testimony, such as the example that we treat here a case where the father of this [person] is a Kohen, and a rumor came out concerning him that he is the son of a divorced woman or a the son of a halutzah (where she removed the shoe of her dead husband’s brother who refused to leviratical marriage, and they put him down (from the status of priesthood) and one witness came and testified, “I know that he is a Kohen,” and they raised him [again] and [then] came two [other witnesses] and said [that] “he is the son of a divorced woman or the son of halutzah,” and they put him down [again] and [then] one witness came and said: “I know that he is a Kohen,” Rabban Shimon ben Gamaliel says that they raise him to the priesthood on [the testimony] of this last witness because they combine him with the first witness whose “voice” was voided, and who stated: “I know that he is a Kohen,” and even though they did not make their testimonies at the same time, their testimony combines and we state, we establish these two [witnesses] who stated that he is a Kohen with those two [witnesses] who stated that he is a the son of a divorced woman or the son of a halutzah, and we establish a person with his legal presumption, but for Rabbi Eliezer, we don’t raise him up until two witnesses will testify at the same time that he is a Kohen, but the Halakah is according to Rabban Shimon ben Gamaliel that the witnesses combine, even though they did not testify as one."
            ],
            [
                "ע\"י ממון מותרת לבעלה – for they are afraid of losing their money and don’t make it ownerless, and especially when the hand of the Israelites is strong over the idolaters, then she is permitted [to return] to her husband, even if her husband is a Kohen and it is not similar to a woman taken captive because they are frightened to lose their money, but when the hand of the idolaters is stronger, even through the case of money, she is prohibited to her husband if her husband is a Kohen, but if her husband is an Israelite, she is permitted in all matters, for the wife of an Israelite who meets with an accident is permitted to her husband.",
                "",
                "כרכום – Aramaic translation is works of siege.",
                "פסולות – they are prohibited to [marry] a Kohen for the wife of a Kohen is prohibited when she meets with an accident and if there is in the city a hiding place (see Tractate Ketubot 27a) that one woman can hide there, each one of the women of that city are believe to state, “I was hidden and I was not defiled,” and since she is able to say, “I was hidden,” she is believed; also when she stated: “I was not hidden and I was not defiled.”",
                "המעון הזה – it is an oath.",
                "אין אדם מעיד ע\"י עצמו – and if a man testified about a woman taken captive that she is ritually pure, he should not marry her if he is a Kohen because of the suspicion and if he redeemed her from prison with his money, he may testify on her behalf and marries her for a person does not throw money at random (unless sure that there is no legal impediment to marrying the woman whom he is about to redeem)and if he did not known that she is pure, he would not give his money for her."
            ],
            [
                "validating a document is all verbal, and the mitzvah of validating a document is from the rabbis and we are more lenient ",
                "שיצתה בהינומא וראשה פרוע – and she takes her Ketubah of two hundred [zuz] and even though they do not release money other than through clear testimony, it is different here, for most of the women are married as virgins, it is revealed as something general.",
                "ושהיה איש פלוני יוצא מבית הספר – when we were studying as school children, ",
                "to eat Terumah and through this testimony, we feed Terumah of the Rabbis to him, such as for example Terumah/priest’s due that we remove from a pot without holes and things similar to it, but Terumah, according to the Torah, we don’t feed him through testimony such as this, and we do not suspect lest he ws the servant of a Kohen, for it is prohibited to teach the slave Torah.",
                "ושהיה חולק עמנו על הגורן – and we do not suspect lest he was the servant of Kohen, for we do not distribute Terumah to a slave other than if his master is with him.",
                "ושהמקום הזה בית הפרס – A person who plows the grave makes a a field of a square P’ras, declared unclean on account of crushed bones carried over it from a ploughed grave which is one hundred cubits for this is what they measured that the plough drags the bones of the dead and the defilement of the field of a square P’ras according to the Rabbis.",
                "ועד כאן היינו באין בשבת – the Rabbinic Sabbath limits.",
                "מעמד ומספד – a place which he had herei. to eulogize his dead and to make the “standing up and sitting down” (i.e., the halting of the funeral escort on returning from burial for lamentation or consolation) which they would do for the dead, in this he Is not believed, which is a monetary matter, and which requires complete testimony."
            ]
        ],
        [
            [
                "אלו נערות – for even though they are ineligible/invalid [as marriageable parners], they are assessed a fine. If a man perpetrated violence against one of them, he gives to her father fifty silver [coins].",
                "הנתינה – from the Gibeonites and on account that Joshua made them choppers of wood and water carriers, they are called Netinim, and they forbidden to enter into the community [of Israel].",
                "על הכותית – This Tanna/teacher holds that Kutim are “lion-proselytes,” (i.e., proselytes from mere fear, with reference to II Kings 17:25) and are considered as heathens.",
                "פחותות מבת שלש שנים – that is they have the legal presumption of being virgins, even though they had intercourse during captivity or while in a gentile status, their virginity returns.",
                "ועל אשת אחיו ועל אשת אחי אביו – that she was betrothed to one of them or divorced from betrothal, and she was still a virgin.",
                "שאע\"פ הן בהכרת אין בהן מיתת ב\"ד – and extirpation does not exempt from payment/indemnity, and these words [apply] where there had been no warning but if they ad been warning, one is exempt from the fine, for hold that those who are liable for extirpation who had been warned are flogged, for no one is flogged and pays a fine."
            ],
            [
                "יתריות על בנות שלש שנים – for since they are appropriate for coition with the legal presumption that they are ownerless, and they had intercourse in their gentile status, and the captive woman while she is in her captivity.",
                "הרי היא בקדושתה – and she is not in the legal status of one no longer a virgin even though she had been taken captive while she was an adult, but the Halakha is not according to Rabbi Yehuda.",
                "ולא יהיה און ענוש יענש – surely if there will be an accident with one of these two people who are arguing that one of them was killed , the person who killed is not punished monetarily for he is liable death penalty by the Jewish court because they killed this one, there is no difference regarding the sin which makes one liable for death by the Jewish court whether inadvertently or willfully, is always exempt from payment/indemnity, but concerning a transgression where one is liable for extirpation through it, or stripes/flogging, he is not exempt from payment/indemnity until there will be witnesses and warning and he will be flogged and then does not pay."
            ],
            [
                "רבי יוסי הגלילי אומר אין לה קנס – as the Biblical verse states (Deuteronomy 22:28): “[If a man comes upon a virgin] who is not engaged [and seizes her and lies with her, and they are discovered],” but if she is engaged one time, furthermore, there is no indemnity.",
                "רבי עקיבא אומר יש לה קנס וקנסה לעצמה – since we expound upon “who is not engaged” (Deuteronomy 22:28) to her father, but she is engaged to herself, and the Halakha is according to Rabbi Akiva."
            ],
            [
                "האונס נותן את הצער – someone who had intercourse by compulsion is not the same as someone who had intercourse willingly, and the seduced woman does not have pain, for regarding ‘’suffering,” in the Torah concerning compulsion, but “suffering” is not stated regarding a seduced woman.",
                "והאונס נותן מיד – to her father, even though he married her/consummated a marriage by conducting a woman to his house.",
                "לכיוציא – meaning to say that if he will not marry her/consummate a marriage by conducting a woman to his house, for if he does not marry [her], he doesn’t pay the fine, as it is written (Exodus 22:15): “[If a man seduces a virgin for whom the bride-price has not been paid, and lies with her] he must make her his wife by payment of the bride-price,” and “if her father refuses [to give her to him], he must weigh out the silver [in accordance with the bride-price for virgins]” (Exodus 22:16); but concerning the rape, it is written (Deuteronomy 22:29): “[the man who lay with her] shall pay the girl’s father fifty [shekels of] silver and she shall be his wife.”",
                "שותה בעציצו – in a despised utensil that he chose for It, meaning to say, he is forced to marry her."
            ],
            [
                "מוכת שחין – a leprous woman."
            ],
            [
                "יתומה שנתארסה ונתגרשה האונס חייב והמפתה פטור – for since she is an orphan and her fine is hers, the logical support is towards him, for of her own free will she was seduced to him and he is exempt. But not only an orphan, but rather, any young woman who was betrothed and divorced, the rapist is liable and the seducer is exempt like the orphan-girl, for the fine is for herself, as is stated by Rabbi Akiva above (in Mishnah 3 of this chapter) and such is the Halakha."
            ],
            [
                "הכל לפי המבייש – an average person who shames, his shame is harder than a despised person and/or from an important person. This is what I found in the explanations of my teachers. But in the [eight chapter of Bava Kamma], the Chapter of החובל /One who causes injury, I found that a simple person who is shamed, his shame is greater, and this is the essence (see the statement in Tractate Bava Kamma, Chapter 8, Mishnah 6: זה הכלל: הכל לפי כבודו – This is the general principle: Everything is according to one’s station/status).",
                "והמתבייש – according to his importance is his shame.",
                "כאילו היא שפחה – we appraise how much a man wants to give whether for a virgin maidservant or for a maidservant who has had intercourse to marry her to his servant whose master has satisfaction from him. And in the Gemara (Tractate Ketubot 40b) raises a question: from where [in the Torah] do we learn that he pays for shame, and damage and pain? I would say that the All-Merciful said (Deuteronomy 22:29): “fifty [shekels of] silver,” to all the words and he answers, Scripture states (Deuteronomy 22:29): “The man who lay her shall pay the girl’s father fifty [shekels of] silver,[and she shall be his wife].” The pleasure of lying is separate, the fifty [shekels of] silver is outside of the shame and the damage and the pain."
            ],
            [
                "כל מקום שיש מכר – to the father regarding his daughter, that is, while she is in her youth, he has no fine in regard to her, for there is no fine for a minor. But the Halakha is not like this Mishnah, for this Mishnah is according to Rabbi Meir who states that a minor girl has no fine, but the Sages state that a minor girl has a fine. And a minor girl in this regard is someone from age three until age twelve years and one day who brings forth two [pubic] hairs.",
                "וכל מקום שיש קנס – when she is a young woman and this is when she is from twelve years and one day old and she brought forth two [pubic] hairs – like this she has a fine.",
                "אין מכר – for a man does not sell her daughter when she is a young woman.",
                "הבוגרת – from twelve years of age and six months and one day, and she has brought forth two [pubic] hairs, she is what is called a mature woman and her father cannot sell her and she does not have a fine."
            ],
            [
                "האומר פתיתי את בתו של פלוני – needless to say the person who states I raped [her], that he does not damage her so much for there is no such great evil talk of an outraged woman (i.e., who had been raped) for it is self-evident that he pays shame and damages by his own testimony [but rather] even a person who says, “I seduced [her], causes her greater damage for the evil talk of a seduced woman is greater, and you might think I would say that we don’t believe him to attach merit to the evil report, it comes to teach us that it is beneficial to her for herself to attach merit to the evil report in order to profit from the money",
                "ואינו משלם קנס – for he admits that with regard to a fine, he is exempt, as Scripture states (Exodus 22:8): “He whom God declares guilty [shall pay double to the other],” except for one who accuses himself (see Talmud Bava Kamma 64b).",
                "המית שורי את פלוני – and behold I am liable for indemnity through his own [testimony], for he holds that the fine is an indemnification.",
                "עבדו של פלוני – and behold I am liable thirty Selah, he is exempt, for they are a fine and even if it is not worth a Selah, he gives thirty [Selaim]."
            ]
        ],
        [
            [
                "נערה: והצער בתפוסה – and the “pain” also goes to her father with someone who was raped.",
                "מת האב – from when she stood in court during her being a young woman, whether she became an adult prior to [her father’s] death or whether she had not become a young man, they belong to the brothers, for since he stood before the court, the father took possession.",
                "לא הספיק לעמוד בדין וכו' – since he did not stand before the court, it is not his money to bequeath to his sons.",
                "רבי שמעון אומר – even though he stood in court, it is not the money of the father to bequeath to his sons until it reaches his hand, as it is written (Deuteronomy 22:29): The man who lay with her shall pay the girls father fifty [shekels of] silver.” The Torah did not cause the father to take possession until the time of the giving [of the money], but the Halakha is not according to Rabbi Shimon.",
                "מעשה ידיה – that she did during the life of her father, even though she had no collected, [such as, for example], the salary/reward for work.",
                "ומציאתה – In the Gemara (Tractate Ketubot 43a), it raises the question: “from whom is she to collect anything she finds?” And it responds as such: this is what he said: her handiwork is like anything she finds. Just as whatever she finds during the lifetime of her father belongs to her father, and after the death of her father is hers, meaning to say, that the brothers do not take possession of what the daughter has found after the death of the father, so too her handiwork [earned] during the lifetime of her father, belongs to the father and the brothers took possession of it [after their father’s death], even though she did not collect the earnings of her labor, but her handiwork that comes after the death of the father is hers, and the brothers do not have possession of the handiwork of the daughter who performs it after the death of the father."
            ],
            [
                "כתובתה של אב – Her Ketubah which she collects from these years of betrothal, and he (i.e., the anonymous Tanna/teacher of the Mishnah) holds that there is a Ketubah for a betrothed woman, and in the days of her being a young woman (i.e., ages 12-12 ½) and a minor girl is stated.",
                "כתובתה שלה – from when he (i.e., the father) married her off, his control has no legal effect and we follow after the collection and collection after this is what [occurs] and we don’t follow after the writing, to state that since, the first was written while she was under the control of her father, it should be for the father.",
                "הראשונה של אב – for Rabbi Yehuda holds that we follow after the writing, and since the first Ketubah was written before the marriages while the daughter was under the control of the father, it belongs to the father, but the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "וזנתה – [she fornicated] from the betrothal and she is a young woman.",
                "הרי זו בחנק – and even she converted younger than the age of three years, for she is in the status of a virgin, for when it is written [in the Torah] regarding [the penalty of] stoning, it is written with regard to an engaged young woman, with the daughter of an Israelite, as it is written (Deuteronomy 22:21): “for she did a shameful thing in Israel, [committing fornication while under her father’s authority].”",
                "ולא מאה סלע – for if the husband was found to be lying, for the entire portion is written with regard to an Israelite (and not a convert).",
                "ולידתה בקדושה ה\"ז סקילה – as Scripture states (Deuteronomy 22:21): “[and the men of the town] shall stone her to death,” for it does not need to say, “that she dies,” but rather, to include her conception that was not in a state of sanctity; but however, for a fine, we don’t include her, since for death she is included, but not for a fine.",
                "יש לה אב – we are speaking about an Israelite woman.",
                "ואין לה פתח בית אביה – as for example, when the father does not have a house."
            ],
            [
                "האב זכאי בבתו – when she is a minor and when she is a young woman (i.e., from age twelve and one-day to twelve and one-half years of age).",
                "בקידושיה בכסף – for the money of her betrothal is his (i.e., the father’s) as it is written concerning the Hebrew maidservant (Exodus 21:11): “she shall go free, without payment,” and we expound, that there is no money to this master, meaning to say to the master who purchased her that she left him gratuitously/for no reason with the signs of young womanhood, but if another master has money and the father appointed him, the money of her betrothal/sanctification is his, eve when she is a young woman until she becomes an adult woman.",
                "בשטר ובביאה – that he receives the betrothal document on her behalf and hands her over for sexual intercourse for the sake of betrothal to whomever he desires, as it is written (Deuteronomy 24:2): “[she leaves his household] and becomes the wife of another man” (Tosafot Yom Tov omits the first part of the Biblical verse); there is an analogy of the word הויות/becomes – to each other just as “money” is one of the הויות/becomes – in the domain of her father, so also the “document” and “sexual intercourse” while she is in the domain of her father.",
                "במציאתה – because of enmity/aversion.",
                "ובמעשה ידיה – as it is written (Exodus 21:7): “When a man sells his daughter as a slave, [she shall not be feed as male slaves are].” Just as a maid servant, her handiwork belongs to her master, also the daughter, her handiwork belongs to her father.",
                "ובהפרת נדריה – as it is written (Numbers 30:17): “[and his daughter] while in her father’s household by reason of her youth.”",
                "ומקבל גיטה – as it is written (Deuteronomy 24;2) “she leaves [his household] and becomes [the wife of another man.” An analogy is made between [“leaving” to “becoming]; just as the father receives her betrothal while she is a minor and during her period as a young woman, so too he receives her bill of divorcement.",
                "ואינו אוכל פירות בחייה – if land fell to her from the house of the father of her mother, her father cannot consume their fruits during her lifetime other than if she dies and he inherits her.",
                "יתר עליו הבעל – for he takes possession of all of what is taught above that the father retains control, and he consumes the fruits of the property that fell to her in inheritance once she married him.",
                "ובפרקונה – if she is taken captive, he is liable to redeem her.",
                "בקבורתה – The Sages established her burial in place of her inheritance for he inherits her if she dies.",
                "משני חלילים – for a eulogy."
            ],
            [
                "לעולם היא ברשות האב – if an Israelite woman is betrothed to a Kohen she does not eat Terumah/priest’s due, and even if the time arrived that they established for marriage and she did not get married, as the husband is liable for her sustenance she cannot eat Terumah.",
                "עד שתכנס לחופה – for the sake of marriage that she will be handed over to the domain of the husband.",
                "שלוחי האב – that the agents of the father ra into the agents of the husband and handed her over to re su"
            ],
            [
                "האב אינו חייב במזונות בתו – during his lifetime [the father is not liable for her sustenance], whereas after [his] death, the daughters are supported from his property from the stipulations of the Ketubah (i.e., Jewish marriage contract) [and his daughter] not specifically, for the same law applies to his son, for the father is not liable to support/feed neither his sons nor his daughters when they are minors, but rather, if he is a man believed to be wealthy, meaning to say, that he is a rich man, the Jewish court takes from against his will in the manner that they force all the rest of the people of the city regarding tzedakah/charity and through it they support his minor age sons and daughters, but if he is not believed to be wealthy, the Jewish court shames/reviles him and announces to him that it is cruelty to him if he does not support his children, and that he is worse than the desert creatures who have compassion upon the offspring, ut they cannot compel him on this, whether his children are male or female and especially when the sons are young, but the youngest of the young and they are the least of the children of Shesh, the Jewish court forces the father and removes [funds] from his hand, against his will to support his children who are he smallest of the small, both the boys and the girls.",
                "בכרם – on account that they would sit row by row like a vineyard.",
                "הבנים ירשו והבנות יזונו (see Tractate Bava Batra, Chapter 9, Mishnah 1 and Tractate Ketubot, Chapter 13, Mishnah 3, where this phrase appears as well) – from the provisions of the Ketubah that the male children will inherit the Ketubah of their mother and the female children will be supported from his (i.e., the father’s) property.",
                "מת הבנים – the male [children] die, ",
                "[the daughters] do not inherit the Ketubah of their mother, other than after the death of their father; ",
                "similarly, the daughters are not supported from the property of the father from the strength of the provisions of the Ketubah other than until after the death of their father."
            ],
            [
                "ולא כתב לה כל נכסים כו' חייב – to make all of his property is a surety to her, and he is not able to say, “you don’t have other than the field that is written to you in your Ketubah."
            ],
            [
                "ובכהנת – for he cannot uphold her [as his wife] once she is taken captive, for the wife of a Kohen is prohibited to her husband once she is raped, he writes to her, “I will redeem you and return you to your country,” and he is obligated to give her the Ketubah settlement and even though that against his will, he needs to divorce her."
            ],
            [
                "אינו רשאי – for he is already obligated to redeem her when she is taken captive.",
                "חייב לרפאותה – for healing is like food/support.",
                "רשאי – for he is not obligated to support/feed his divorced wife."
            ],
            [
                "יתר על חולקיהום דעם אחוהון – if you die during my life and I betroth you, your children will take your Ketubah after my death when they will come to divide my possessions with the children that I will have from another wife, and the practical difference, for example, is that the Ketubah of this one is greater than that of the other wife, or the children of the other wife are more numerous from the children of this one and it is good for these that they will take the Ketubah of their mother and even if the Ketubot are equivalent for there is not written that the male issue collect, other than from the landed properties, but not from movable properties, and especially where the father left a measure of two of the Ketubot and one Dinar more, then the children inherit the Ketubah of male issue since there remains a place for the inheritance of the Torah for after each one of the children will take the Ketubah of his mother, there remains one Dinar to divide and to inherit the property of their father, but if the father did not leave other than according to the measure of two Ketubot or less than this, they divide the property equally and the Ketubah of male issue is not practiced by them."
            ],
            [
                "עד דתתנסבן – until they will become betrothed, and if they became adult women, even though they had not become betrothed, they have no support /food, for we hold that an adult woman has no support."
            ],
            [
                "מיגד אלמנותיך – during your widowhood.",
                "אנשי יהודה כותבין כו' – but the Halakha is not like the men of Judea but rather, all the while that she is not married and she did not claim her Ketubah in the Jewish court, she is supported from her husband and lives in the house that she lived in during the life of her husband, and uses all the utensils that she would use during the life of her husband."
            ]
        ],
        [
            [
                "אף על פי. אם רצה להוסיף אפי' מאה אמה יוסיף (this fragment quotes Tractate Ketubot, Chapter 4, Mishnah 7) – and we don’t say that he is not permitted to in order as to not embarrass whomever that lacks it.",
                "שלא כתב לה – the supplement from his knowledge/desire, other than on the condition of marrying her.",
                "והיא כותבת – even though she did not receive [everything], she pardons and writes that she received it.",
                "רמ\"א כו' – and the Halakha is according to Rabbi Meir in his decrees (i.e., that a virgin receives two hundred Zuz and a widow receives 100 Maneh or else it is fornication)."
            ],
            [
                "נותנין לבתולה – the time to bring her into the canopy from the day that the husband demanded her after he betrothed her to warn her on the mattes the Huppah to prepare her ornaments/possessions.",
                "לפרנס עצמה – with her ornaments/possessions for twelve months, as it is written (Genesis 24:55): “Let the maiden remain with us some days;” And what are “days” – a year, as it is written (Leviticus 25:29): “[If a man sells a dwelling house in a walled city, I may be redeemed until a year has elapsed since its sale;] the redemption period shall be a year.”",
                "לפרנס עצמו – the needs of the meal and the Huppah/marriage.",
                "ולאלמנה שלשים יום – who does not trouble [herself] so much with her ornaments because they are already in her hand.",
                "ולא נשאו – for the owners delay and since the Tanna/teacher in the first segment taught about her, the end of the Mishnah also teaches about her.",
                "ואוכלת בתרומה – if he is a Kohen, and she is an Israelite, that from the time that he betrothed her, she consumes the Terumah/Priest’s due from Torah law, as it is written (Leviticus 22:11): “But a person who is a priest’s property by purchase may eat of them.” And this person who is [the priest’s] property by purchase , but the Rabbis decreed upon an Israelite woman who is betrothed to a Kohen should not consume Terumah as a decree lest he offer her a cup to drink in her father’s house and she will give her some to her brothers and her sisters, and when the time arrives and she hasn’t married, she eats from his food, and does not eat in her father’s house, other than if her husband who is a Kohen designates a place and feeds her there, but there is no further decree lest she provide drink from a cup of Terumah to her brothers or to her sisters.",
                "",
                "ר' עקיבא אומר מחצה חולין – to eat during her impurity."
            ],
            [
                "היבם אינו מאכיל בתרומה – while she is a widow waiting for her brother-in-law to marry or reject her, as it is written (Leviticus 22:11): “But a person who is a priest’s property by purchase [may eat of them],” but this is the purchase of his brother.",
                "עשתה ששה חדשים בפני הבעל – from these twelve months that are fixed for her from when the husband makes a claim upon her.",
                "או אפי' כולן בפני הבעל ואחד בפני ביבם – even though that most is in the presence of the husband, inevitably, he is not liable for her support during his life, and the same law applies also if he had been liable during his lifetime, she did not consume once e died, for the property by purchase bursts open, but rather, if all of it was in the presence of the husband, she would consume anyway during his lifetime.",
                "או כולן בפני היבם – and one does not have to say if all of them were in the presence of the levir.",
                "זו נשנה ראשונה – that when the time arrives, she eats priest’s due/Terumah.",
                "אין האשה אוכלת – for we suspect lest there is found in her a defect and she is found to be a foreigner retroactively that his business transaction had been in error. And regarding the “First Mishnah,” lest they find in her a defect and we don’t take into consideration for there is no reason to fear that she would have her brothers and sisters drink it for he sets aside for a place for her; therefore, they permit her to eat Terumah/priest’s due when the time arrives."
            ],
            [
                "הרי זו עושה ואוכלת – for they degreed support in place of the work of her hands/her labor (i.e., her wages), therefore she works and consumes according to the words of everyone.",
                "המותר – he dedicated to the Temple the excess of his wife’s wages, what she does more than what is appropriate for her support and did not dedicate to the Temple her wages themselves.",
                "ר' מאיר אומר הקדש – for he holds that a person who dedicates something [to the Temple] that did not ever exist, and this is not the Halakha, but rather, the Halakha is according to Rabbi Yohanan ben HaSandlar who stated that it is non-holy/unconsecrated, for a person does not dedicate/sanctify something that never existed."
            ],
            [
                "טוחנת – with hand millstones which are small and if they are large millstones, she prepares all the needs of the grinding as for example, she places it in the grain-receiver/hopper and receives the grain.",
                "הכניסה לו שפחה אחת – money or property in order to purchase one maidservant.",
                "יושבת בקתדרא – on a resting/lounge chair and she does not go on his errands to here or there and even though she pours for him the cup [for drinks] and makes the bed for him and washes his face, hands and feet, for these labors, they are not performed by a woman other than his wife alone.",
                "שיעמום – shock/sudden calamity, which is the Aramaic translation of (Deuteronomy 28:28): “and dismay” is and sudden calamity of the heart, and the dispute of Rabbi Eliezer and Rabban Shimon ben Gamaliel regards a woman who is not idle, but rather engages in all sorts of merriment and there is lewdness involved. But there isn’t boredom/shock for there is no boredom but rather with one who sits and gazes/is astonished and is completely idle, and the Halakha is according to Rabbi Eliezer."
            ],
            [
                "המדיר את אשתו מתשמיש המטה – aa for example, that he said: the benefit of your sexual intercourse will be forbidden upon me, but the benefit of my sexual intercourse will be forbidden to you; he is not forbidden for he is subjugated to her, as it is written (Exodus 21:10): “he must not withhold her conjugal rights.”",
                "ב\"ש אומרים שתי שבתות – if he took a vow for two weeks, she should wait, for such as we found with a woman who gives birth to a female who is ritually impure for two weeks.",
                "וב\"ה אומרים שבת אחת – for such we have found with a menstruant woman who is ritually impure for seven [days] and we learn something that is frequent. The anger [that a person expresses] over his wife and takes a vow concerning her is something that is frequent, [which we learn] from the menstruant woman something that is frequent, to exclude giving birth which is not all that frequent. But the School of Shammai holds that we learn something that he caused to her. The vow of a man which he causes her to wait/delay from giving birth, which is upon his hand comes upon her, to exclude the menstruant woman that of its own comes to her. And more than one week according to the School of Hillel and two weeks according to the School of Shammai, he should divorce [her] and give [her] the Ketubah settlement, and even if he was a camel driver whose period is thirty days or a sailor whose period is sixth months.",
                "התלמידים וכו' שלשים יום – and our Mishnah is according to Rabbi Eliezer and the Rabbis dispute it and state even two or three years, and the Halakha is according to the Sages.",
                "הטיילים – who have no work nor business.",
                "החמרים – who go out to the villages to bring grain.",
                "הגמלים – who bring packages on the camels from a place far away.",
                "הספנים – who go on a voyage to the Great Sea (Mediterranean). He who his beginning was the master of a craft whose period [permitted before he must have sexual relations with his wife] is close and he requested to become the master of a craft whose period is further off, his wife waits for him, except for that of the study of Torah where the woman is unable to wait for her husband who was at leisure ora worker who does not become a Sage."
            ],
            [
                "המורדת – from providing sexual relations, but from work, we force her to do work and we don’t judge her as rebellious.",
                "טרפעיקין – Every half a denar (Quinarius – see Talmud Ketubot 64a) is a weight of forty-eight barley-corns of refined silver according to the weight of three Darkmonim which is called DRAHAS in Arabic, as each Darkmon is sixteen intermediate barley-corns of silver.",
                "עד כנגד כתובתה – and afterwards he gives her a Jewish bill of divorce and she leaves without the Ketubah settlement but he doesn’t restrain her in order to lessen on the property that fell to her from her father’s house and to cause her to lose out.",
                "מוסיפין על כתובתה שלשה דינרים – because of the pain that a difficult man that he is prevented from sexual intercourse more than the pain of his wife. Therefore, when she rebels and causes him pain, we decrease her [Ketubah] by seven Denarim, but when he rebels and causes her pain, we don’t increase [the Ketubah] to her other than by three Denarim, and where she rebels, we state in the Gemara (Talmud Ketubot 63b) took a second note and an announcement regarding her shall be made on four consecutive Sabbaths and that then the court shall send her [the following warning]: ‘Be it known to you that even if your Ketubah is for one hundred Maneh, you have forfeited it.’ The same [law is applicable] to a betrothed or married woman and even to a menstruant [and even to a sick woman] and even to one awaiting the decision of the levir. But prior to the announcement, they inform her that they want to make an announcement about her and after the announcement, they inform her that she has already fulfilled the announcement, and if she stood in her rebellion, she would be divorced without her Ketubah settlement."
            ],
            [
                "המשרה את אשתו על יד שליש – he gives her support through an administrator and does not eat with him (II Kings 6:23): “And he prepared a lavish feast for them [and, after they had eaten and drunk, he let them go, and they returned to their master. And the Aramean bands stopped invading the Land of Israel];” service.",
                "לא יפחות לה – in a week.",
                "לא פסק לה שעורים – double from the wheat, but Rabbi Yishmael, who was near Edom where the barley was the worst.",
                "דבילה – figs that were tread in a circule and sold by wheat and not by measure.",
                "מפץ – softer than a matting.",
                "כפה – one veil.",
                "ומנעלים ממועד למועד – new shoes for each of the Three Pilgrimage Festivals.",
                "חדשים – hard for her during the months of sunlight (i.e. heat) because they are hot, and nice for her in the rainy days.",
                "והשחקים שלה – even when he purchases her new ones because she covers herself with them during the days of her menstruation."
            ],
            [
                "נותן לה מעה כסף – in each week for the needs of small things.",
                "ואוכלת עמו ליל שבת – even though that on all the rest of the days [of the week], he can give her support through a third party if he wants, on Friday night, which is the night of conjugal relations, he is obliged to eat with her.",
                "מעשה ידיה – athe excess of her handiwork, meaning to say, what she does greater than her support/food.",
                "שתי – it is hard to wave double of woof and the weight of Judea is double that of the Galilee.",
                "הכל לפי כבודו – and also according to the custom of the country/province."
            ]
        ],
        [
            [
                "מציאת האשה. וירושתה – if an inheritance fell to her, ",
                "he (i.e., her husband) enjoys the usufruct during her lifetime and the principal is hers.",
                "ופגמה – damages for injury that she has [sustained], the diminution of monies that they assess concerning her – how beautiful she was to sell in the marketplace and how much she is worth currently.",
                "ובזמן שבגלוי – for the shame is his and furthermore, she is repulsive to him and he suffers for her.",
                "ילקח בהן קרקע והוא אוכל פירות – during her lifetime and he principal is her, when he dies or divorces her but if she dies, she inheris it, and the Halakha is according to Rabbi Yehuda."
            ],
            [
                "ומת חתנו – and she fell before the levir [for him to consummate the marriage].",
                "יכול הוא שיאמר – either remove the shoe or fulfill the role of the levir (i.e., marry your sister-in-law), or give what had been decided or let her sit until her head becomes white (i.e., she becomes old), and even though his brother was an ignoramus and he (who had died) was a Sage, he (i.e., the father-in-law) can say – “to your brother, I would want to give [her], but to you, I would not want to give [her].”"
            ],
            [
                "והוא פוסק כנגדן ט\"ו מנה – they are one thousand Denars [that the woman brings into the marriage], which are ten Maneh, and when the groom comes to accept upon himself and to write in the Ketubah , he writes one third more, which are fifteen Maneh, and if the bride brought in to him discernible Denarim because he profits through them.",
                "וכנגד השום – if she brought in [to the marriage] clothing and ornaments that require estimation, he agrees to restore one-fifth less, so if he brought in an estimated value of one-thousand Zuz, he doesn’t accept upon himself other than eight hundred, for it the manner of those who come to estimate clothing and the property of the bride to estimate them as greater than their worth in honor of the bride and to make her more beloved to her husband.",
                "שום במנה ושוה במנה – meaning to say, if they did not estimate the property of the bride and her adornments other than like they are worth in the marketplace.",
                "אין לי אלא מנה – they should not write into the document of the Ketubah other than a Man as they have estimated.",
                "שום במנה היא נותנת שלשים ואחד סלע ודינר – the estimation that he accepts her for a Maneh that they told him, write “Maneh” in the Ketubah and she shall bring in an estimation of a Maneh. They must place it in the house of the wedding ceremony thirty one Selah and a Sinar which is a Maneh and a fifth larger.",
                "ובארבע מאות – the estimated value that the groom accepts upon himself to write four hundred [in the Ketubah], she gives five hundred according to the valuation of those designated/appointed.",
                "וכשחתן פוסק וכו' – and if they estimated first and she brought in to him whether a small or a large valuation, he writes into the document one-fifth less."
            ],
            [],
            [
                "המשיא את היתומה – collectors/managers of charity.",
                "אם יש בכיס – of charity."
            ],
            [
                "מה שראוי ליתן לה – one tenth of the property.",
                "אם השיא – the father, during his lifetime.",
                "[married off the first daughter], he should give, etc. (i.e., to the second what the first received), whether it is less than one tenth or whether it is more. And the Halakha is according to Rabbi Yehuda, for we go after the approximate mental assessment of the father. But if it is impossible to stand by the approximate mental assessment of the father, we give her one-tenth of his possessions as they are found now at the time of her wedding from his immovable (i.e. landed) possessions, but from movable possessions, she does not receive one-tenth. And there are those according to the one who states that in this time, from movable [possessions] she also has one-tenth. But if she married and she did not claim from the heirs, she claims after she got married and we don’t say that she resigned her claim regarding them. And especially, when she was supported from the property of her father but if the heirs stopped from giving her support, [she resigned her claim unless she derived benefit] but if she was an adult woman, she has no support from the property of her father and she resigned her claim regarding the heirs and she is not able to claim further, and even if she was supported from their property."
            ],
            [
                "המשליש מעות לבתו – He [i.e., the father] transferred money in the hands of a third-party for the needs of his daughter to purchase for her a field or a dowry when she gets married.",
                "",
                "יעשה שליש כו' – he should purchase/acquire the field and we don’t listen to her for it is a Mitzvah to fulfill the words of the dead person.",
                "וכי אינה אלא שדה – meaning to say, even if the field was already acquired and she wants to sell, she can sell it; therefore we listen to her. And the dispute of Rabbi Yosi and Rabbi Meir is specifically with regard to an adult woman from betrothal. For is she had already gotten married, everyone states that we listen to her, and with a minor also, Rabbi Yosi admits that there is nothing in the actions a minor at all, and we don’t listen to her. And the Halakha is according to Rabbi Meir."
            ]
        ],
        [
            [
                "המדיר את אשתו מליהנות לו – on the benefit of sexual relations, this vow does not take effect because he is subjugated to her and he doesn’t have the power to cancel his obligation of his subjugation and on the benefit of food, even though he is subjugated to her, we find that the vow exists such as we supply her handiwork for her food. And in the Gemara (Talmud Ketubot 70b), it raises a question: if so, why should he appoint an administrator? And it answers – such as the case that we don’t supply the things that she was accustomed to in her father’s house and for this alone, he should appoint an administrator who will provide for her and not that he sill appoint an agent to support her, for the agent of a person is like that person, but rather, he says, all who support does not cause loss.",
                "יתר מכן יוציא ויתן כתובה – for up to thirty days, people don’t listen and there is no disgrace. More than thirty days, people here and there is disgrace.",
                "בישראל – if he is an Israelite (as opposed to being a Kohen), he can restore his divorced wife.",
                "ובכהנת – for if he disvorces her, he is not able to restore her [as his wife], the Rabbis hive him more time, but the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "אחד מכל הפירות – such as for example, she said, “I take a vow against consuming this produce,” and it is fulfilled for her.",
                "ר' יהודה אומר כו' – and the Halakha is not according to him."
            ],
            [
                "שלא תתקשט באחד מכל המינים – [for she said]: “I take a vow that this shame be upon me and he fulfilled it for her.",
                "בעניות שלא נתן קצבה לדבר – until when/how long was it prohibited to her, he should divorce her and give her the Ketubah settlement, but if he set a limit, she should wait until that time, and what is that limit? Twelve months.",
                "ובעשירות שלשים יום – for it is the case that an important woman benefits from the scent of her adornments for thirty days and this one will benefit from the scent of the adornments that she was adorned with prior to the vow thirty days, and the Halakha is according to Rabbi Yosi."
            ],
            [
                "רגל אחד יקיים שלשה יוציא ויתן כתובה – This Mishnah, we explain it in the Gemara (Talmud Ketubot 71b) as such: [one] Festival he should uphold the marriage. When is this said? With an Israelite woman but with the daughter of a Kohen, two months he should uphold the marriage and three [months], he should divorce her and grant her the Ketubah settlement but our Mishnah is according to Rabbi Yehuda who disputes [regarding the marriage] of an Israelite to a daughter of a Kohen, but the Halakha is not according to him."
            ],
            [
                "שנועל בפניה – the door of joy and the removal of sorrow, and to the house of mourning, he locks it (i.e., the door) in her face, for tomorrow she may die, and no one will eulogize her.",
                "דבר אחר מחמת – as for example, that under the presumption that lawless human beings are found there.",
                "שתאמרי לפלוני וכו' – things of degradation/disgrace.",
                "שתהא ממלאה ומערה לאשפה – there are those who interpret that after she has sexual intercourse and her womb is filled with semen, it would shake it out in order that the seed won’t be absorbed and she will become pregnant. And there are those who interpret that she will fill ten pitches of water and she will pour them out to the ground, because she appears as a women suspected of infidelity by her husband."
            ],
            [
                "מאכילתו שאינו מעושר – and it was not known to him until after she fed him, such as for example, tat she said to him: So-and-so, a Kohen prepared for me the heap [of grain] and left; he asked him and it was found to be a lie.",
                "ומשמשתו נדה – as for example, when she was presumed to be a menstruant woman/Niddah in his neighborhood when they saw her dress in the clothing of menstruant woman and to her husband she said, “I am ritually pure.”",
                "ולא קוצה לה חלה – that she said to him: So-and-so prepared for me the dough and they asked him and it was found that to be a lie.",
                "וטווה בשור – and she shows her arms to people.",
                "ומדברת עם בני אדם – playing with the boys.",
                "ומקללת יולדיו בפניו – she curses and blasphemes the father of her husband in the presence of her husband.",
                "הקולנית – she claims sexual intercourse in a loud voice until her neighbors hear her, and all of these require witnesses and warning to cause them to lose their Ketubah settlements, and they don’t have neither the Ketubah nor the supplement and they don’t take anything other than their outworn garments that exist alone."
            ],
            [
                "שאין עליה נדרים ונמצאו עליה נדרים – on which vows did they say that she should not eat meat and not drink wine and not adorn herself in colorful clothing, but in the rest of the vows, she is betrothed/sanctified.",
                "כל המומין הפוסלין בכהנים – with regard to first-born he counts them, and they added to them with regard to women: sweat, and bad breath or bad smell in another place in body. And warts that have in them hair, whether small or large when it is corresponding to her face or in the case where it is underneath the covering that on her head, for sometimes it is seen and sometimes it is not seen for if she is in a revealed place at all times, he sees it and is appeased, but if the wart has no hair, it is not a blemish until it as a large as an Issar. And her voice is thick and different from the voice of other women, and the dog bit her and made in the place of the bite became scarred (see Talmud Ketubot 75a), meaning to say, causing it to shrink like wounds by fire. And her breasts are larger than her neighbors by a handbreadth and just as the breasts are distant from one another until there is a and-breadth between each breast. These are blemishes in women and even though they are not [viewed as] blemishes in Kohanim."
            ],
            [
                "האב צריך להביא ראיה – if he comes to claim her Ketubah from the betrothal, from this that he (i.e., the husband) refuses to take her, he (i.e., the father) needs to bring proof that after she became betrothed, she had blemishes. And even though there is for a woman a presumption regarding her body, for since, these blemishes were found in the domain of her father. And one can say here that they were prior to betrothal, and therefore, if he didn’t bring proof, the husband is believed.",
                "נכנסה לרשות הבעל – she married and now comes to divorce her without a Ketubah on account of the blemishes in her. It is upon him to bring proof that prior to her becoming betrothed she had these blemishes, for since these blemishes were not found other than in his domain (i.e., of the husband), we say that here they were found, here they were. But after she got married, they came to her and his field was flooded (see Mishnah Ketubot, Chapter 1, Mishnah 6).",
                "אינו יכול לטון – for he knew and was appeased."
            ],
            [
                "שנולדו בו מומין – from when he married her.",
                "מומין גדולים – his eye became blinded, his hand was mutilated, his leg was broken, but the Halakha is not according to Rabban Shimon ben Gamaliel and even with large blemishes, we don’t force him to divorce [her]."
            ],
            [
                "מוכה שחין – a leper/Metzora.",
                "בעל פוליפוס – the smell of the nose.",
                "והמקמץ – who collects the feces of dogs.",
                "והמצרף נחשת – cuts off the copper from the place where he finds it from the land and it smells badly.",
                "והבורסי – dresses hides.",
                "מפני שממיקתו – makes it loathsome. It is the language of (Zechariah 14:12): “Their flesh shall rot away,” and the Halakha is according to the Sages."
            ]
        ],
        [
            [
                "האשה. עד שלא תתארס – and she became betrothed.",
                "ב\"ש אומרים תמכור – while she is betrothed, but not from when she gets married.",
                "הואיל וזכה באשה – that she is his betrothed,",
                "should he not take possession of her property, in astonishment.",
                "על החדשים – [inheritance] that fell/came to her from when she got married, we are confounded: What did the Sages see to state that if she sold them or gave them away, the husband removes [them] from the hand of those who bought the property, but rather, that you burden us with property that fell/came to her while she was still betrothed meaning to say, that if she sold it, her sale is void, because the husband took possession of them."
            ],
            [
                "נכסים ידועים לבעל ונכסים שאינן ידועים – there are those who interpret “known property” from land, and that which is “not known [property]” as movable property and there are those who state that both (i.e., landed property and movable possessions) are known and these are the ones that are not known: all [the while] that she sits/dwells here and property fell/came to her abroad. And the Halakhic decision is that whether [we are speaking of] property that fell/came to her until she had become betrothed, or whether they fell/came to her from after she was betrothed, if she sold them after she got married, the husband removes [them] from the hand of the purchaser – the usufruct during her lifetime and the body of the land after her death. And the Halakha is according to Rabbi Shimon who divides between property that is known to the husband to possessions which are not known."
            ],
            [
                "שמין אותן – for he (i.e., Rabbi Meir) holds that what grew in his domain, they are usufruct, and what didn’t grow in his domain, they are the principal; therefore, what that the monetary [value] of the land is expensive now for this produce, it is principal, and he needs to give her the money and purchase with them land and he eats its usufruct.",
                "וחכמים אומרים – even those that did not grow in his domain, the status of usufruct has been given to them for since that the land belongs to her, and Halakha is according to the Sages."
            ],
            [
                "ביציאתה – if he comes to divorce her.",
                "פירות המחוברים לקרקע בכניסתה שלו – meaning to say, at the time of their falling/coming [into inheritance] they are his (i.e., the husband’s) according to the words of the Sages, but there is a difference between the Sages and Rabbi Shimon regarding produce that was attached [to the ground] at the time of her going forth [from the marriage; i.e., divorce}, but the Sages do not speak of them and they don’t hold [this way] regarding that that Rabbi Shimon stated, that when she went forth [from the marriage because of divorce], whatever grew in his domain is his, but the Halakha is according to Rabbi Shimon."
            ],
            [
                "רבן שמעון בן גמליאל אומר לא תמכור – she can prevent/detain it and the Halakha is according to him.",
                "רבי יהודה אומר לא תמכור – and the Halakha is according to him.",
                "קימעא – a small amount and even just a little bit.",
                "ישבע במה הוציא ויטול – and this oath is similar to the Torah and these words [regard] that there was improvement/gain corresponding to the [financial] outlay or more, but if the outlay was greater than the improvement/gain, he should take the oath of the Torah that he made an outlay corresponding to the improvement/gain, and he should take corresponding to the improvement/gain and the rest he loses. And all of this [occurs] when the husband divorced her. But if she rebelled, whether the husband consumed or whether he did not consume, he should take an oath how much he spent and take corresponding to the improvement/gain and in property of mort-main, all the improvement/gain belongs to the husband, for we say, that if he increased [his outlay], he increased for himself."
            ],
            [
                "שנפלו לה נכסים – from her father’s house/estate while she is still a woman awaiting levirate marriage with her dead husband’s brother.",
                "מה יעשו בכתובתה – [whether it is] a Maneh, or two-hundred and the supplement and the dowry that she brought in to him, go in with her [when she gets married], and when she goes out from her husband (i.e., gets divorced), go out with her and he has accepted upon himself surety (which may be resorted to in case of non-payment).",
                "ובנכסים הנכנסין והיוצאין – usufruct that when she enters [into marriage], they enter with her and when she leaves from her husband, they leave with her.",
                "בית שמאי אומרים יחלוקו יורשי הבעל עם יורשי האב – for she was doubtfully married to the levir and he takes possession of one half of her inheritance from doubt.",
                "נכסים בחזקתן – the mort-main property are in their legal status/presumption and it is not explained in the possession of whom - if it is in the possession of the heirs of the husband, for since surety/property that may be resorted to in the event of non-payment is upon him or if [it is in the possession of] the heirs of the wife, which were hers, and in the fourth chapter of [Tractate] Yevamot (Mishnah 3), you will find this Mishnah."
            ],
            [
                "ילקח בהן קרקע – because her Ketubah is based upon the property of her first husband; therefore, the property of the dead is surety for her Ketubah but the levir eats from the usufruct and if he performs levirate marriage with her, and [and holds] that movable possessions are mortgaged to the Ketubah.",
                "שמין אותם – all that grew in the domain of the dead [brother] is surety to the Ketubah.",
                "וחכמים אומרים פירות המחוברים לקרקע שלו – In the Gemara (Tractate Ketubot 82a) it raises the question: but aren’t all his landed property a surety and a pledge for her Ketubah? And it answers (in the words of Resh Lakish): Read, “belongs to her” (the Sages’ dispute is limited to detached produce and money which, they maintain, as movables and not pledged to the Ketubah).",
                "כל הקודם זכה – for they hold that movables are not mortgaged to the Ketubah other than if she took hold of them and we require from the lifetime of the husband is the taking hold/possession and the same law applies regarding money, for is the difference of money from detached produce, and the Halakha is according to the Sages.",
                "הרי היא כאשתו – for when he divorces her with a Jewish bill of divorce and restores her [as his wife], and we don’t speak about (Deuteronomy 25:5): “and perform the levir’s duty,” the All-Merciful said, and still the first levirate marriages are upon her and a Jewish bill of divorce is not sufficient for her, and that is so, that she was divorced, we would say that it a Mitzvah that the All-Merciful cast upon her that when she performs it and established upon her the prohibition of the wife of a brother , and he cannot bring her back, this comes to teach us that the All-Merciful stated (Deuteronomy 25:5): “he shall take her as his wife and perform the levir’s duty.” Since he took her, she is like his wife."
            ],
            [
                "כל נכסיו – that he inherited from his brothers is surety for her Ketubah.",
                "גירשה אין לה אלא כתובה – but all the while that he did not divorce [her], all of his proerpty is mortgaged to her.",
                "הרי היא ככל הנשים – for a person who divorces his wife and restored her [as his wife In remarriage] on the condition of her first Ketubah he has remarried her and it is necessary to teach us that regarding the widow of a brother who died without issue that she should not say that she is his wife, for he wrote for her a Ketubah from his money, but his widow of a brother who died without issue, who is not his, he wrote for her other than the property of her first husband, which were pledged and surety when he divorced her and restored her [as his wife]. I might sya this is her Ketubah from her. This comes to teach us that this is not the case."
            ]
        ],
        [
            [
                "הכותב לאשתו דין ודברים אין לי בנכסיך – while she still is betrothed, he (i.e., the future husband) writes her: “When you marry me, I have [no] claims whatsoever on your property,” even though they were not acquired from him , she an sell them and give them and her sale is valid , for an inheritance that comes to a person of from another place, a man may make a condition upon her that she will not inherit it, and if they acquired I from her, even after she has married, her sale is valid, but he consumes the usufruct, and if she dies, he inherits her, for that is the implication of: “I have no claims on your property,” but their usufruct, I have a claim and as long as they are your property while you are alive, I have no claim on them – but after death, I have a claim on them.",
                "רבי יהודה אומר לעולם הוא אוכל פירי פירות – In the Gemara (Tractate Ketubot 83b), it explains what is usufruct and what is usufruct of the usufruct (i.e., produce vs. yield of the produce)? If she brought in [to the marriage] land and it produced fruit/usufruct, these are usufruct. If he sold these fruits/usufruct and purchased with them fields and they produced fruit/usufruct, these are yield of the produce/usufruct of the usufruct. And when he said to her, I have no claim against your property and their usufruct alone, he can consume the usufruct of the usufruct , according to the words of Rabbi Yehuda, he did not remove himself other than from the usufruct/produce alone and the Halakha is according to Rabbi Yehuda.",
                "רשב\"ג אומר אם מתה יירשנה מפני שמתנה על מה שכתוב בתורה – as it is written (Numbers 27:11): “[If his father had no brothers, you shall assign his property to his nearest relative in his own clan,] and he shall inherit it.” From here [we learn] that the husband inherits his wife, but the final result of the matter is that the inheriting of wife by her husband is not from the Torah, but rather from the Rabbis, and the Biblical verse is a mere support, but nevertheless, the Halakha is according to Rabban Shimon ben Gamaliel not because it makes a condition against what is written in the Torah, but rather because the Sages made it stringent measure for the protection of the law (i.e., the Written Torah)."
            ],
            [
                "ינתנו לכושל שבהן – there are those who interpret it as one whose promissory note was postdated (which is not disqualified necessarily by the Sages, provided that the lender was willing to accept it – as it presents no opportunity for defrauding other creditors) which is the weakest and with legal disadvantage of them all, for he cannot seize properties for a debt that precede it, and there are those who interpret that is for the Ketubah of a wife and it is called weak, and it is not her manner to return after the property of the dead and to request where he has land like the man. And even tough movables of orphans are not mortgaged to the creditor nor to the Ketubah of a woman, here, where they are not in their domain, he leaves them, Rabbi Tarfon holds that we remove them from the hand of the borrower or from the hand of the one holding the deposit and give them to creditor and for the Ketubah.",
                "ינתנו ליורשים – possession does not take effect.",
                "שכולן צריכין שבועה – for a person who comes to collect from the property of orphans, he should not collect without an oath, and all the while that they did not take an oath, we don’t known if they have anything against him; therefore, when the dead person dies, he orphans took possession of them and they are in their domain."
            ],
            [
                "כל הקודם בהם זכה – if the heirs came earlier, they take possession and we don’t remove it from their hands for orphans’ movables are not mortgaged to a creditor or for a Ketubah. If one of them – the wife or the lender he takes possession, [for Rabbi] Tarfon holds that taking possession after death has legal effect.",
                "זכתה אשה יותר על כתובתה – if she got there ealier and took hold of it and it has more than [the value of] the Ketubah or the creditor arrived first and seized it and there is more than the lien [due him].",
                "המותר – should be given to the weakest. This owner of the document whose had is at a disadvantage, if it were to come into the hand of the orphans, furthermore, he cannot remove it from them – neither the wife nor the creditor. But nowadays, we have the practice in all Jewish courts throughout Israel that possessions of the orphans are mortgaged to the creditor; a person who died and left movables, and he had on them a creditor and the Ketubah of a wife , all who comes first gained possession, whether the creditor was early or whether the creditor was later, for there is no antecedent with regard to movables. But if none of them came early, they divide the movables between themselves , as we state further on in Chapter [Ten, Mishnah 2) “He who was married.”"
            ],
            [
                "חנונית – to sell and to buy in the store",
                "אפוטרופא – to deal with his money and engage in business.",
                "משביעה כל זמן שירצה – an oath like that of the Torah on a claim of perhaps, and he is able to assess her that she did not make a fraudulent representation/overcharging regarding her spindle and her dough.",
                "... but the Halakha is not according to Rabbi Eliezer."
            ],
            [
                "משביע הוא את יורשיה – if he divorced her or she died and her heirs claim from him her Ketubah, they take the oath of heirs that she did not deposit anything with us at the time of death nor say to us anything before then and we did not find among her documents that the document of her Ketubah had been paid off.",
                "ואת הבאים ברשותה – if she sold her Ketubah to others and she was divorced or died and the purchaser of mortgaged property claim her Ketubah, even they are bound to swear the oath of heirs.",
                "אבל יורשיו משביעין אותה – if she became a widow and he or her heirs collect money from the orphans, they require an oath, for they are not exempted other than from him, if she collects her Ketubah settlement during his lifetime.",
                "לבאין ברשותי – if I sell my property and you come to collect from the bought properties."
            ],
            [
                "והלכה מקבר מעלה – this one who exempted her husband from the oath.",
                "לבית אביה – who did not engaged further in property.",
                "אין היורשים משביעין אותה – with what she had engaged in between death and the burial for if the heirs are able to cause her to take an oath on this while she needs to bring witnesses in what she is selling and buying for the needs of the burial of the dead, the dead body will be delayed [from being buried] and will be disgraced.",
                "על העתיד לבוא – she did not delay in her hands at all from the business that was done by the guardian upon him after the burial of her husband and he did not benefit from his exemption, for the property belongs to the orphans.",
                "על שעבר – on the business that was during the lifetime of her husband."
            ],
            [
                "לא תפרע אלא בשבועה – a person who collects payment from his colleague is not exacting to pay attention of what he has collected and this since he was paid in part, it is possible that he was paid in full, and the Rabbis placed upon him an oath in order that he pay special attention.",
                "עד אחד מעיד שהיא פרועה לא תפרע אלא בשבועה – it is the ordinance of the Sages in order to appease the mind of the owner and these oaths, even though they are the ordinance of the Sages, they are not other than like that of the Torah, in seizing an object for all of the oaths that the Sages ordained are like those of the Torah.",
                "מנכסים משועבדים – because if he would collect from the borrower himself, the borrower would claim: “swear to me that I have not paid you,” we cause him to take an oath and we make a claim because of the mortgaged properties, for perhaps, if you had collected the borrower, he would claim against you: “swear to me that I have not paid you and you require that I should also take an oath now.”"
            ],
            [
                "רבי שמעון – This [statement] refers to what is above (see Mishnah 4), referring to the Rabbis who stated that a person sets up his wife as a storekeeper or appointed her as a guardian, he may impose upon her an oath [that she has not misappropriated any of his property any time that he wants, and if he wrote her: “I don’t nor do my heirs have a vow or an oath against you,” the heirs cannot cause her to take an oath. And he comes to dispute and state that whenever she claims her Ketubah, the heirs force her to take an oath and even if he wrote her that neither he nor his heirs have on her a vow or an oath, if she does not claim her Ketubah, the heirs cannot force her to take an oath on being a guardian during the lifetime of her husband, and even if he did not exempt her from the oath, for Rabbi Eliezer and his dispute (even on her spindle and on her dough, they may force her to take an oath) that we stated above (see the end of Mishnah 4), that we force her to take an oath whenever he wants, and the Halakha is not according to Rabbi Shimon."
            ],
            [
                "הוציאה גט ואין עמו כתובה – in a place where they don’t write a Ketubah, and they rely upon the stipulation of the Jewish court.",
                "גובה כתובתה – for it is a stipulation of the Ketubah is an act of the Jewish court and all acts of the Jewish court are like one that holds a document. And specifically, one that is a Maneh or two hundred [Zuz] is collected, but the supplement has no testimony that she should remove the document of the Ketubah.",
                "פרוזבול – Hillel ordained Prozbul in order that the seventh year would not cancel [a debt] forhe would transfer his documents to the Jewish court which would collect from the borrower his obligation all the while that he would make a claim against him, for now we do not call him (Deuteronomy 15:2): “he shall not dun [his fellow or kinsman, for the remission proclaimed is of the LORD],” for he does not claim anything but rather, the Jewish court makes a claim against him.",
                "הרי אלו א יפרעו – we suspect lest her Ketubah [settlement] was already collected, and [regarding Prozbul] the seventh year caused the release from debt.",
                "מן הסכנה – that the heathens decreed against [performance of] the commandments, and they were afraid to keep their Jewish bills of divorce and when she would receive it, she would burn it and similar with their Prozbul documents."
            ]
        ],
        [
            [
                "מי שהיה. יורשי הראשונה קודמם ליורשי השניה – if his wives died after him until they did not have sufficient time to collect [their Ketubah settlement].",
                "שניה ויורשיה קודמים – that she is a creditor and the inheritors of the first wife come to inherit from their father, according to the Ketubah “male issue,” for we are inheritors, it is taught in the Mishnah. Therefore, they pay the obligation first and what remains they shall succeed to the dowry, therefore, we pay the obligation first and what remains, they inherit, and specifically when the second [wife] took an oath on her Ketubah, then she or her heirs take her Ketubah. But if she died after her husband passed away, and she did not take an oath on her Ketubah, her heirs do not take anything from her Ketubah for we hold that a person does not bequeath an oath to his children, meaning to say, money that a person doesn’t take possession of other than through an oath, and if he dies prior to his taking an oath, that money a man cannot bequeath to his children."
            ],
            [
                "ויתומים מבקשים כתובת אמן – since the Ketubah [of] their mother was greater than that of the other, and her children say that the Ketubah of the male issue is taken, and similarly you (the children of the other wife) and the rest we will divide.",
                "חולקים בשוה – like the rest of all the inheritances and they don’t take the Ketubah of male issue.",
                "אם אמרו יתומים – the children of the larger Ketubah.",
                "הרי אנו מעלין על נכסי אבינו – we reckon their funds upon us to receive them as of a higher price in order that there will an additional Denar and they take the Ketubah of their mother."
            ],
            [
                "היו שם נכסים בראוי – as for example, merchandise that is in the hands of others or a loan.",
                "אינן כבמוחזק – they are not considered to be as if they are in possession in his hand and there is here and there is an excess of a Denar.",
                "שאין להם אחריות – movable possessions.",
                "שיש להם אחריות – land/property and the Halakha is according to Rabbi Shimon and even at this time where we have the practice that movable property of the orphans is mortgaged to the creditor, the Ketubah of male issue is not practiced with movable possessions, but only with land/property."
            ],
            [
                "של זו מנה ושל זו מאתים כו' – and the [Ketubot of the] three of them were signed on one day, for if it were on three [separate] days, the earliest one with a document comes first in collection, or if he didn’t leave anything other than movable possessions, for there is no law of precedence in movable possessions.",
                "חולקות בשוה – for the power of them three of them similar with the hypothecary obligation of the Maneh and for all of them there is a Maneh.",
                "היו שם מאתים – there isn’t for the person who has hypothecary obligation for a Maneh other than a Maneh, but the second Maneh there is no hypothecary obligation for a document of the owner of the Maneh.",
                "של מנה נוטלת חמשיםי – In the Gemara (Talmud Ketubot 93a), the question is raised that one-third of a Maneh was appropriate to be taken, and how does she take “fifty” which is one-half of a Maneh and it answers that the our Mishnah is speaking about when the owner of the two hundred said to the owner of the Maneh: I have no claim and I don’t have anything to do with the Maneh that is subjugated to you, and your portion will not be reduced on my account; therefore, she and the owner of the three hundred divide it, and because the portion of owner of the two hundred was not given to the owner of the portion of the Maneh as a gift, but rather she said to her that she would not quarrel with her, and because of her, her portion would not be reduced after the owner of the Maneh took fifty, there remained the merit of the owner of the “two hundred” as equal with the merit of the owner of the “three hundred,” and each of them take three golden Denarim, which are seventy five silver Denarim as every golden Denare is twenty-five silver Denarim.",
                "היו שם שלש מאות – the first Maneh is subjugated to everyone and the second is to the owner of the “two hundred” and to the owner of the “three hundred,” and the third to the owner of the “three hundred” alone.",
                "של מנה נוטלת חמשים ושל מאתים מנה – such as the example where the owner of three hundred said to the owner of the Maneh and to the owner of the “two hundred”: “I have no claim against you with the Maneh.” Therefore, the first Maneh the owner of the “two hundred” and the owner of the Maneh divide; it is found that the owner of the Maneh takes “fifty” and the second Maneh, the owners of the “two hundred” and the “three hundred”; it is found that the owner of “two hundred” takes a Maneh – fifty that was divided from the first Mnaeh with the owner of the Maneh and fifty from the second Maneh that she divided with the owner of the “three-hundred,” and third Maneh – the owner of the “three hundred” takes it all; it is found that she takes six golden Denars which a Maneh and one-half of the entire third Maneh that remains to her and one-half of the Maneh that she divided with the owner of the “two hundred.” And in the Gemara (Talmud Ketubot 93a) reaches the conclusion that our Mishnah is [according to] Rabbi Natan and is not the Halakha, for Rabbi [Yehuda HaNasi] sai: I do not approve (literally, “see”) of Rabbi Natan’s views in these cases for [the three wives] take equal shares, for since all of his landed property is pledged to the Ketubah, all three of the Manehs are subjugated to the owner of the Maneh like the rest of her colleagues until she collects all of the Ketubah settlement; therefore, they divide it equally, and as such, the owner of the Maneh takes like the owner of the “two hundred and the “three hundred.” But the three who put their money into a single purse, this one of Maneh, and that one of “two hundred” and the other of “three hundred,” the profit in their monies that was grew in value, they take a Denar – for each one takes according to his funds. And specifically, when they grew in value as a result of the monies themselves, such as the coinage changed or they added to it or subtracted from it, then they divide the prophet or the loss according to the money, but if they purchased goods from the monies that they placed into the purse and they earned in value through the goods or lost, they do not divide the gain or the loss other than according to the number of partners, not according to the money and as such they take in the loss and/or in the gain – whomever placed in a small amount of money in the purse is like that individual that placed a lot of money, if they not make a condition from the beginning that they would divide it according to thej money. And such is how they judge in all the Jewish courts."
            ],
            [
                "הראשונה קודמת לשניה – hers whose time of her Ketubah precedes that of the second, whose time is later, and similarly for all of them.",
                "הראשונה נשבעת לשניה – if the second [wife] claims: “swear to me that you have not collected from my husband anything, for perhaps there will not remain for me from what I will collect my Ketubah and even the third [wife] will claim the same thing to the second [wife] and the fourth [wife] to the third, but the fourth collects without an oath as for example if there is no heir or another creditor who will make her take an oath.",
                "בן ננס אומר כו' – the disagreement of the first Tanna and Ben Nanos is explained in the Gemara (Talmud Ketubot 94a) as in the case where there is found one field from these field that the first three wives have collected which is not his, and it was known that he stole it, and eventually that its owners will come and take it and when the fourth [wife] comes to collect her Ketubah settlement from the fourth field, this one comes and says to her: “tomorrow the person who had been robbed will come and take his field; it is my desire that you will take an oath that you have not collected your Ketubah during the lifetime of the husband”; the First Tanna/teacher holds that the creditor of a later date who came early and collected, what he had collected, he did not collect; therefore, why should she take an oath if the person who was robbed will come and snatch it from this one. Let her return to the fourth [wife] and take from her what she collected, and hence the fourth [wife] would be a creditor of a later date. And Ben Nanos holds that a creditor o a later date who came early and collected what he collected, he has collected, and if she (i.e. the wife who came early) takes possession of this, the third [wife] cannot return to her, and therefore, takes an oath to her that she did not collect anything from the property of her husband and the Halakha is according to the First Tanna/teacher. Of itself, we learn that if she did not take hold of movable property, that she must take an oath, according to everyone’s opinion since there is no precedence as regards to movable property and what she collected, she collected."
            ],
            [
                "וכתבה ראשונה ללוקח וכו' – as, for example when they purchased it from her hand, and in the Gemara (Talmud Ketubot 95a) it raises the question: Could she not say: “I merely wished to oblige my husband (i.e., her purchase was not to be taken seriously)? And it responds, as for example, that the husband sold this field [of his wife] to another man prior to that one, and the wife did not want to endorse it for this one, but she endorsed it for the other, and if it is that it is acting [in a manner that is] obliging to her husband, she would have endorsed the first [sale].",
                "פשרה – adjustment/compromise; not everything to this one, nor everything to that one, and the language of “tepid,” – not hot nor cold.",
                "וכן ב\"ח – and two mortgaged properties. Reuven has a claim against Shimon for a Maneh, and he has two fields and sold them to two people – to this one for fifty and to that one for fifty, and the creditor wrote to the second purchaser: “I have nothing against you.” The creditor takes from the hand of the first, for he is not able to say to say to him: “I left you a place that you can collect from him, for his debt corresponds to both, and the first purchaser removes from the hand of the second, and the creditor returns and removes even that from the first, and the second purchaser from the creditor and goes back in turn until they make a compromise.",
                "וכן אשה בעלת חוב – she had her Ketubah on her husband, and he sold his two fields to two [different] people but neither of the two had other than up to her Ketubah, and she wrote to the second [purchaser]: “I have no claim against you and nothing to do with you.” The woman removes from the first purchaser and he removes it from the hand of the second [and the woman from the first] and the second from the woman and the first purchaser from the hand of the second and it goes back in turn [until they make a compromise]."
            ]
        ],
        [
            [
                "אלה ניזונת מנכסי יתומין – whether land or movables, for it is the condition of the Jewish marriage contract: “And you will dwell in my house and be supported from my property.”",
                "ואין חייבין בקבורתה – for the husband is liable in her burial in place of her inheritance, and now those who inherit her collect her Ketubah settlement from those who inherit the husband – and they would bury her and of itself, we learn that if she died, and did not take an oath about her Ketubah, for now, her heirs do not collect her Ketubah, and it is placed upon the husband’s heirs to bury her."
            ],
            [
                "בין מן האירוסין – for she has no support/food and sells [it] for her Ketubah settlement.",
                "בין מן הנשואין – which she sells for support/food.",
                "מוכרת שלא בבית דין – meaning to say, that is not in a Jewish court of specialists/experts, but nonetheless, she needs to sell in the presence of three who would be expert in estimation of the land.",
                "רבי שמעון אומר מן הנשואין – that she sells for food, selling not before a Jewish court for it is impossible to her to be sitting [and suffering] until she they would obligate for her a Jewish court. But from the betrothal, where here sale is not for anything other than the Ketubah, she does not sell it other than in a Jewish court, but the Halakha is not according to Rabbi Shimon."
            ],
            [
                "מכרה כתובתה – a Maneh [out of] two hundred, ",
                "she cannot sell the rest. The supplement [is not sold] other than in a Jewish court, and our Mishnah is according to Rabbi Shimon who said: she does not sell when not in a Jewish court other than for food, and this, since she has collected part of her Ketubah settlement, she lacks food/support.",
                "וחכמים אומרים מוכרת – for the Ketubah even for periods of time and even though this is the case, she sells it in the meanwhile for food/support that she has not lost her support/food and even though she collected part of her Ketubah settlement.",
                "וכותבת – in the document of sale that I sold them for food/support.",
                "וגרושה לא תמכור – her Ketubah other than before a Jewish court. What is the reason? The Rabbis stated that a widow whether from betrothal or from marriage sells not in the presence of a Jewish court because no man wants that his wife should be despised in a Jewish court and this is the case since she is a divorcee and he doesn’t care, but the Halakha is according to the Sages that a woman sells whether for her Ketubah settlement or for food/support not in the presence of the Jewish court of specialists and even if she had received part of her Ketubah settlement, she sells for food/support until she receives all of her Ketubah settlement and when she sells, whether for her Ketubah or for food/support, she needs an oath and does not require announcement."
            ],
            [
                "שוה מאתים במנה נתקבלה כתובתה – for we tell her “you have suffered loss/ruin and that which is worth a Maneh [that was sold] for two hundred, even though it gained in value, one cannot say: “I will make a profit for a person who sends his agent to the market to do business and he purchased it cheaply, everything goes to the owner of the money and we don’t hear from here other than regarding a thing that has no limit such as the case of land whose manner is for it to be sold through mere sight/estimate – this one for less and that one for more, but a thing that has a limit and the agent purchased it for less, the law is not made clear to us from this and becomes fit for something remarkable for they argued about it and the conclusion is according to [what] appears to us that the agent and the person sending the agent are arguing about.",
                "מכרה בטל – that same Denar, she does not have permission to sell, it is found that the entire sale is in error, for it took place at one time.",
                "לעולם מכרה קיים – and she should return the Denar to the inheritors for what loss did she cause them? Until it would be a fraudulent representation in order that if it were no overreaching, the field would remain worth nine Kabim which is the measure of the field, ",
                "and in the garden within one-half of Kab which is the measure of a garden. But the Halakha is not according to Rabban Shimon ben Gamaliel."
            ],
            [
                "אגרת בקורת – an announcement that through this announcement, people inspect her and in this, the First Tanna/teacher agrees with Rabban Gamaliel and the Halakha is according to the First Tanna."
            ],
            [
                "השנייה – incest of second degree which is from the enactments of the Soferim.",
                "אין להם כתובה – [worth] a Maneh or two hundred. She refuses because she leaves on her own. The second decree [incest] is fined by the Rabbis because she persuades him to marry her and she doesn’t lose anything in her marriage, for she is not made ritually invalid through them and her offspring is ritually valid. A sterile woman/incapable of conception [does not receive her Ketubah] because it is a business transaction in error.",
                "ולא פירות – the usufruct that the husband consumed we don’t remove from him.",
                "ולא מזונות – an example such as if she borrowed and consumed while still under him (i.e., his domain) and afterwards, refused [to be married to him], the husband is not liable for her support while she is under him (i.e., in his domain), and the second degree [incest] and the woman incapable of conception/sterile have no support while they are under him and all the more so, if they borrowed and consumed for the husband is not obligated to pay.",
                "ולא בלאות – that were lost or worn out completely whether from the usufruct (the wife’s estate of which the husband has the fruition without responsibility for loss or deterioration) or from the wife’s estate held by her husband, which in case of her death or divorce, he must restore in specie, being responsible with all his landed property for loss or deterioration (i.e. mort-main), the woman who refuses to marry her husband cannot remove from them from the hand of her husband but the worn-out garments (or the woman’s right to claim compensation for the wear or ruin of the things which she brought along as her property, whether she refuses him in marriage or is second-degree of incest or is a sterile woman, and even if she ran about as a prostitute, she does not lose her worn-out garments/claim for compensation for the wear or ruin of things which she brought along as her property, but the woman charged with second-degree incest has no claim for compensation for the wear or ruin of things which she brought along as her property of the usufruct, but she does have the compensation for wear or ruin of things of the mort-main."
            ]
        ],
        [
            [
                "הנושא את האשה ופסקה עמו – in the document and symbolic form of making an agreement binding, or he (i.e., the husband) aid to witnesses: “you are my witnesses that I obligate myself to support her (i.e., my wife-to-be’s) daughter that she has from another man.",
                "לכשתבא אצלי – meaning to say, if I would sustain her mother, I would feed her.",
                "מוליך לה מזונותיה למקום שאמה שם – for we hold that a daughter is with her mother whether as an adult or as a child – all the time that the mother wants. And the son, until six years with his mother, and the father is obligated to provide support and he is with his mother, if the mother wants."
            ],
            [
                "בנותיהן ניזונות מנכסים בני חורין – but not mortgaged [properties] for we do not release for the support of the wife and the daughters from mortgaged properties because of the welfare of the world, for those who bought the property do not know how much food provisions will cost so that they would beware to leave them a place from which to collect.",
                "והיא ניזונת – that same daughter.",
                "שהיא כבעלת חוב – for she has upon them a document of support (i.e., food).",
                "כל זמן שאת עמי – and not if I die or if you die or I will divorce you."
            ],
            [
                "ונותנין לה מדור – and similarly, utensils, male servants and maid servants that she would use them during the lifetime of her husband and if the house fell, they don’t have to build her another house, for it is taught in the Mishnah: “you will dwell in my house,” and even if she wanted to build it from her from her own funds, we don’t listen do her.",
                "אם את אצלנו יש ליך מזונות – that the blessing of the house is plentiful."
            ],
            [
                "כל זמן שהיא בבית אביה – and the heirs gave to support there.",
                "גובה כתובתה – when she desires.",
                "שתעשה טובה – from the property of orphans, she gives bread and salt to her neighbors up to [the value of] her Ketubah settlement.",
                "וחכמים אומרים – they did not mention twenty five years to cause her to lose her Ketubah settlement because of the good that she will do from the property of the orphans, but rather, concerning the issue of renunciation, it was mentioned by them that since she was silent and had not claimed [her Ketubah settlement] all these years, she renounced [it], therefore, all the time that she is in the house of her husband, her silence is renunciation since because they honor her, she is ashamed to claim her Ketubah settlement; but in her father’s house, since she had been silent for twenty-five years, it is a renunciation.",
                "מתה יורשיה מזכירין כתובתה – meaning to say, they need to claim her Ketubah settlement within twenty-five years and especially when she took an oath on her Ketubah prior to her passing. This is the case where her heirs are able to claim her Ketubah settlement, but if she had not taken an oath regarding her Ketubah, her heirs do not inherit from her Ketubah anything, and no one bequeaths an oath to his children."
            ]
        ],
        [
            [
                "שני דייני גזילות (note that the opening words of this comment are different from what is written in the Mishnah, and seem to reflect a different manuscript in the hands of Rabbi Obadiah of Bertinoro) – they were making decrees regarding thieves and imposing fines upon them.",
                "שני דברים – that the Sages do not agree with him.",
                "תשבע בסוף – when they heard regarding him that he (i.e., the husband) had died, and she (i.e., the wife, now the widow) comes to collect her Ketubah, she takes an oath that she has not held back any property of her husband at all (after her husband’s death).",
                "ולא תשבע בתחלה – at the time of collection of support. But Maimonides explained that she should take an oath at the end when her husband would come and contradict her and say, “I left you support,” she should take an oath claiming that he had not left her anything.",
                "רבי יוחנן בן זכאי אומר – and the Halakha is according to him, and especially after three months from the husband departing, they provide/assign support to the wife if she claimed support, but not prior to this time, for it is a legal presumption that a man does not leave his house empty and leaves."
            ],
            [
                "אבד את מעותיו – that he said, “I did not say to you, lend me and I will pay it back,” but if he lent the woman money for her support/maintenance on the condition that she should pay him, he makes a claim [against her] and she makes a claim the husband and he pays. But if the husband claims, “I left her support,” and she states, “he did not leave me, and wants to remove [money] from him, the husband takes an oath of inducement (an oath instituted by the Sages where the defendant completely denies a claim, based upon the tradition of Rav Nahman – to clear himself of suspicion), and he is exempted, and the moneys would be liability upon her when she becomes a widow or a divorcee, and in this Mishnah also, the Halakha is according to Rabban Yohanan ben Zakkai."
            ],
            [
                "בנכסים מועטים – that they lack support for twelve months for males and females. And Maimonides explained that everyone who lack the means to support the boys and girls until the girls become adults is called meager resources/a small amount of property.",
                "בשביל שאני זכר הפסדתי – meaning to say, with the fact that I am a male and designated/predestined to inherit with a great deal of property, I have lost out when there is a small amount of property/meager resources. But the Halakha is not according to Admon."
            ],
            [
                "והודה בקנקנים – empty [jars] without oil as for example where his fellow made a claim against him for ten pitchers of oil that I have that are with you. ",
                "Admon states that there is an implication in this claim [for] oil and pitchers, and when he admitted to him about the empty pitchers, that is a partial admission of guilt and he requires taking an oath. ",
                "But the Sages state that there is no implication in this claim other than the oil alone which is the measure of ten pitchers, and when he admitted to him regarding the empty pitchers, what he claimed against him was not admitted to him, and what he admitted to him was not claimed against him, and there is no partial admission from the kind of a claim and he is not liable to take an oath, but the Halakha is according to Admon."
            ],
            [
                "ופשט את הרגל – it is the language of contempt/disgrace, meaning to say, “take the plaster and dust that is under my feet. Another explanation: “Suspend me by my feet on the tree, for I lack what I can give to you” (i.e., he defaulted). And Maimonides explained, “and he shows him the foot”/ופשט את הרגל (i.e., refuses to give it to him), that he walked on the road from afar.",
                "עד שתלבין ראשה – until she gets old and we don’t force him neither to marry [her] or to set her free."
            ],
            [
                "העורר על השדה וכו' – Reuven protests concerning the field that is in the hand of Shimon, and says to him: “Levi who sold it to you stole it from me, and he is inscribed on the bill of sale that Levi wrote to Shimon who sold it to him.",
                "אדמון אומר יכול הוא שיאמר – just as I did not protest at the time when you purchased this field from Levi and I signed/inscribed as a witness in the midst of the document because Levi is a strong man and difficult to remove something from his hand, it was pleasant for me that it should be in your hand than that I would [try] to remove it from you in court.",
                "אבד את זכותו – for since and he signed, he admitted that he had no business with this, but the Halakha is not like Admon, and especially when he signed it as a witness, this is what Admon and the Sages were arguing about, but if he is signed as a judge to uphold the document, everyone agrees that he did not lose his right because he would be able to say: “I did not know what was written in the document for the judge who signs as the legal endorsement of a note, stating that it has been produced in court and found valid – to uphold the document and it is not necessary that he knew what was written in the document other than that he should recognize the signatures alone."
            ],
            [
                "ואבדה דרך שדהו – that the owners of the field who took possession of it that was in his narrow path marking the boundary between fields.",
                "ילך לו בקצרה – by force against their will, he should take for himself the path to his field, but he should choose for himself the shortest path so that he would not have to take a lot. And at the time when people surround it from the four directions Admon agrees with the Sages that each person can say, “I brought proof that your path is [where the money was] collected and taken. But if one person surrounded it from the four directions, the Sages agree that whatever side you take, his path is with him. They did not dispute other than when one person surrounded it when he came under the power of four people. Admon states that one can say to him, whatever side you take, my path is with you. But the Sages say that one can say to him: How? If you were silent, you were silent, but if not, return the document to his master, and you will not be able to talk about the law with/to sue him. And the Halakha is according to the Sages."
            ],
            [
                "והלה הוציא שמכר לו את השדה – the borrower brought out against him the latter bill of sale to the loan document and stats that your document is forged, or it is paid off , for if I had been liable to you, you would not have sold me the field that was yours to collect your lien.",
                "זה היה פקח שמכר לו את השדה – because this one abandoned his movable property, and he did not have from where he could he could mortgage on his lien and now he takes the property. Bu in a place where the purchaser gives Zuzim/money and afterwards the writing of a bill/document of sale, everyone does not disagree that the seller should have tarried with his lien of the money that received and should not write for him the document and since he wrote it, it proves that he does not have a lien upon him, but they argue in a place where they wrote the document and afterwards the purchaser gives the Zuzim/money. Admon holds that he should have sent a declaration (especially a protest before witnesses against a forced or unduly influenced action): “I will not see you other than in order that I am able to mortgage it.” But the Sages state: the fact that he did not send a declaration because he was afraid lest the matter should become known and he would have been prevented from purchasing the field, and the Halakha is according to the Sages."
            ],
            [
                "וחכ\"א זה גובה שטר חובו – And the Halakha is according to the Sages."
            ],
            [
                "שלש ארצות לנשואין – if a person married a woman in one of these [lands], he cannot force her to go out after him one country/land to another.",
                "כרך – larger than a city, and it is a place of markets, and from everywhere around it, [people] come there for business and for all things that are found in it.",
                "אבל לא מעיר לעיר – for dwelling in the cities is hard for everyone resides there and crowds and the houses are close to one another and there is no air.",
                "ולא מכרך לעיר – since in the [big] city, is found all kinds of things; in the town, all sorts of things are not found.",
                "מפני שהנוה היפה בודק – the body and makes it sick. For the change in the period, even for [her] good is the beginning of stomach illness. But the Halakha is according to Rabban Gamaliel. But if a person from the land of the Galilee married a woman from the land of Judea or its opposite, we force her to go out with him, for it is on that account that he married her. And in every place, we remove [someone] from a city where most of it is idolatrous to a city where the majority is Israelite, but not from a city where its majority is Israelite to a city where its majority is idolatrous."
            ],
            [
                "הכל מעלין – a person may force all the members of his household to make Aliyah with him to Jerusalem, and even if he purchased a Hebrew slave, that slave should go after him against his will, and even from a nice neighborhood to a bad neighborhood, and even from a city whose majority was Israelite to a city whose majority was idolatrous.",
                "ואין הכל מוציאין – and we do not remove any individual [from Jerusalem].",
                "אחד האנשים ואחד הנשים – If he (i.e., the husband) says to make Aliyah and she says that she doesn’t make Aliyah, she should be divorced without her Ketubah [monies], but if she states that [that she wants to make] Aliyah and he he says not to make Aliyah, he should divorce her and give her her Ketubah [monies].",
                "קפוטקיא – this is Caphtor, and we call it Dima’t in Arabic. Its monies are large and weigh more than tose of the land of Israel. But because the Ketubah/marriage contract of a woman is from the words of the Scribes, they were lenient concerning it to pay her off with the least [amount of] money. But Rabbi Shimon ben Gamaliel holds that the Ketubah is from the Torah, and because of this, he goes according to the stricter position in this. But, the Halakah is not according to him."
            ]
        ]
    ],
    "versions": [
        [
            "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
            "http://sefaria.org/"
        ],
        [
            "Sefaria Community Translation",
            "https://www.sefaria.org"
        ]
    ],
    "heTitle": "ברטנורא על משנה כתובות",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Nashim"
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}