noahsantacruz
commited on
Commit
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Parent(s):
4a77991
46f121172691fc700233ac4cc774cde571651e5795f430c5c288b6d67849ccc2
Browse files- json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Kodashim/Mishnat Eretz Yisrael on Mishnah Keritot/Hebrew/merged.json +0 -0
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{
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"language": "en",
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"title": "Mishnat Eretz Yisrael on Mishnah Ketubot",
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"versionSource": "https://www.sefaria.org",
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"versionTitle": "Sefaria Community Translation",
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"actualLanguage": "en",
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"languageFamilyName": "english",
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"isSource": false,
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"direction": "ltr",
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"heTitle": "ืืฉื ืช ืืจืฅ ืืฉืจืื ืขื ืืฉื ื ืืชืืืืช",
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"categories": [
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"Mishnah",
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"Modern Commentary on Mishnah",
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"Mishnat Eretz Yisrael",
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"Seder Nashim"
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],
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"text": {
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"Introduction": [],
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"Preface": [],
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"": [
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[],
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[],
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[],
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[
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[
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"In the marriage contracts from the land of Israel from the Genizah, the following formula is found in full: [...] they will inherit the money (value) of your ketuvah, beyond [their] share that they inherit with their male siblings that I have from [another] wife (Friedman, version 1). Alternatively: The male [children] that I have from you, they will inherit the money of your ketuvah, beyond their portion, etc. (Friedman, version 2). So too is it in many other marriage contracts. In one of the laws that was preserved in the post-amoraic halakhic literature of the land of Israel (the practical literature), a summary of the law is presented as follows: The sons of the last [wife] inherit the ketuvah of their mother, and the rest is divided evenly.<sup class=\"footnote-marker\">129</sup><i class=\"footnote\">Margoliot, The Laws of the Land of Israel, p. 87; Neuman, Practices, Chapter 9, p. 113; Levin, The Book of Practices, pp. 93-94.</i> From here it is evident that the law was practiced and executed, as written in the mishnah.",
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"The situation with Babylonian Jewry was different. The Geonim in Babylonia discussed this decree a great deal, and the material has been gathered by Simcha Asaf.<sup class=\"footnote-marker\">130</sup><i class=\"footnote\">Asaf, Male Children.</i> He showed that that there were some Geonim in Babylonia who abolished this line in the marriage contract, whereas there were some who supported it. And this disagreement accompanied the dispersions of the Jewish people: The sages of France and Germany were exacting about this line, whereas the sages of Spain abolished it. [However,] it appears that the voluminous material brought by Asaf can be organized and understood in a slightly different manner. There is no doubt that the Geonim of Babylonia abolished the marriage contract for male children, due to the reasons that we will present below. Yet Assaf also cites Geonim from Babylonia who support the perpetuation of the line regarding the \"male children.\" Some of these supporters (according to Asaf) are those dealing with the subject regarding the law and who cite the mishnah. But one cannot learn from this about their position about the actual marriage contract in their times. For it is indeed customary to quote early laws (from the Mishnah or from the Talmud), even if they were abolished in actuality. Some of them in fact decide that the line is [still] valid, but that it is not customary to actually collect [the amount hence obligated] based upon it. This is like the words of Rav Hai, \"God forbid that the marriage contract of the male children should be expunged; and there is a great enhancement with it. However we never collected a marriage contract of the male children, nor have we seen children from different mothers claiming it. But if someone were to come before us and make a claim with it, we would collect it.\"<sup class=\"footnote-marker\">131</sup><i class=\"footnote\">Asaf, ibid., p. 22; Otzar HaGeonim on Ketuvot, p. 139.</i> According to our appraisal, this responsum from this Gaon should be attached to those who are on the side of abolishing the marriage contract for the male children. The Gaon, as is clear, doesn't dare disagree with an explicit mishnah. Yet he depicts a society in which the stipulation is neither written nor sought. There are other testimonies that side with this line that can be [better] understood as the tradition of the sages of Germany, who cited them as support for their position. Yet it appears that it is more correct to conclude that the responsa among mainstream Geonim of Babylonia did not continue to recognize this line [as something operative]."
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]
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]
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],
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"Bibliography": []
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},
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"schema": {
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"heTitle": "ืืฉื ืช ืืจืฅ ืืฉืจืื ืขื ืืฉื ื ืืชืืืืช",
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"enTitle": "Mishnat Eretz Yisrael on Mishnah Ketubot",
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"key": "Mishnat Eretz Yisrael on Mishnah Ketubot",
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"nodes": [
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{
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"heTitle": "ืืงืืื",
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"enTitle": "Introduction"
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},
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{
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"heTitle": "ืืืื",
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"enTitle": "Preface"
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},
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{
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"heTitle": "",
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"enTitle": ""
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{
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"heTitle": "ืืืืืืืืจืคืื",
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"enTitle": "Bibliography"
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}
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]
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}
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}
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Nashim/Mishnat Eretz Yisrael on Mishnah Ketubot/English/merged.json
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{
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"title": "Mishnat Eretz Yisrael on Mishnah Ketubot",
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"In the marriage contracts from the land of Israel from the Genizah, the following formula is found in full: [...] they will inherit the money (value) of your ketuvah, beyond [their] share that they inherit with their male siblings that I have from [another] wife (Friedman, version 1). Alternatively: The male [children] that I have from you, they will inherit the money of your ketuvah, beyond their portion, etc. (Friedman, version 2). So too is it in many other marriage contracts. In one of the laws that was preserved in the post-amoraic halakhic literature of the land of Israel (the practical literature), a summary of the law is presented as follows: The sons of the last [wife] inherit the ketuvah of their mother, and the rest is divided evenly.<sup class=\"footnote-marker\">129</sup><i class=\"footnote\">Margoliot, The Laws of the Land of Israel, p. 87; Neuman, Practices, Chapter 9, p. 113; Levin, The Book of Practices, pp. 93-94.</i> From here it is evident that the law was practiced and executed, as written in the mishnah.",
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"The situation with Babylonian Jewry was different. The Geonim in Babylonia discussed this decree a great deal, and the material has been gathered by Simcha Asaf.<sup class=\"footnote-marker\">130</sup><i class=\"footnote\">Asaf, Male Children.</i> He showed that that there were some Geonim in Babylonia who abolished this line in the marriage contract, whereas there were some who supported it. And this disagreement accompanied the dispersions of the Jewish people: The sages of France and Germany were exacting about this line, whereas the sages of Spain abolished it. [However,] it appears that the voluminous material brought by Asaf can be organized and understood in a slightly different manner. There is no doubt that the Geonim of Babylonia abolished the marriage contract for male children, due to the reasons that we will present below. Yet Assaf also cites Geonim from Babylonia who support the perpetuation of the line regarding the \"male children.\" Some of these supporters (according to Asaf) are those dealing with the subject regarding the law and who cite the mishnah. But one cannot learn from this about their position about the actual marriage contract in their times. For it is indeed customary to quote early laws (from the Mishnah or from the Talmud), even if they were abolished in actuality. Some of them in fact decide that the line is [still] valid, but that it is not customary to actually collect [the amount hence obligated] based upon it. This is like the words of Rav Hai, \"God forbid that the marriage contract of the male children should be expunged; and there is a great enhancement with it. However we never collected a marriage contract of the male children, nor have we seen children from different mothers claiming it. But if someone were to come before us and make a claim with it, we would collect it.\"<sup class=\"footnote-marker\">131</sup><i class=\"footnote\">Asaf, ibid., p. 22; Otzar HaGeonim on Ketuvot, p. 139.</i> According to our appraisal, this responsum from this Gaon should be attached to those who are on the side of abolishing the marriage contract for the male children. The Gaon, as is clear, doesn't dare disagree with an explicit mishnah. Yet he depicts a society in which the stipulation is neither written nor sought. There are other testimonies that side with this line that can be [better] understood as the tradition of the sages of Germany, who cited them as support for their position. Yet it appears that it is more correct to conclude that the responsa among mainstream Geonim of Babylonia did not continue to recognize this line [as something operative]."
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Kilayim/English/Sefaria Community Translation.json
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[
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"Wheat and darnel - Wheat was the most profitable crop in the fields, and also the most profitable crop in the Talmudic sources. Darnel (singular: zon) is a wild plant, partially poisonous, now known as \"hired grass.\" Darnel is often mentioned in our sources, usually with wheat, as a harmful plant. Darnel is similar to wheat and therefore difficult to separate from wheat, and its seeds are also similar to wheat. The seeds contain arsenic, and with a little darnel flour mixed in with regular flour, it gives the bread a bitter taste. Sources that will be quoted below describe its unique nature, and we need to explain it according to our understanding: \"And whoever does not fit with his companions contributes from the beautiful to the evil, but not from the evil to the beautiful. And if he contributes from the evil to the beautiful, his contribution is invalid, except for darnel on wheat, which is not food\" (Mishnah, Trumot 2:6). Darnel is really perceived as a kind of wheat, but a bad kind. However, they are not considered food at all. Another Midrash says: \"A parable to darnel, which they said to wheat, 'We are more beautiful than you, for the rain falls on you and us, and the sun shines on us both.' The wheat said to them, 'Not what you say, and not what we say, but the farmer comes and separates us to the granary, and to you for bird food.' Thus, the nations of the world and Israel are mingled together in the world\" (Genesis Rabbah [Buber], Chapter 23). From the imaginary dispute between wheat and darnel, it is clear that darnel \"sees itself\" as part of the wheat field, since they grow together. But in practice, during the agricultural harvest, they are separated, and the darnel is designated for bird food."
|
25 |
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]
|
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]
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],
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"Bibliography": []
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},
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"heTitle": "ื ืกืคื ื",
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"enTitle": "Appendix 1"
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},
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{
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"heTitle": "ืืืืืืืืจืคืื",
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}
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Kilayim/English/merged.json
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{
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"": [
|
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[
|
11 |
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[
|
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"",
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"Wheat and darnel - Wheat was the most profitable crop in the fields, and also the most profitable crop in the Talmudic sources. Darnel (singular: zon) is a wild plant, partially poisonous, now known as \"hired grass.\" Darnel is often mentioned in our sources, usually with wheat, as a harmful plant. Darnel is similar to wheat and therefore difficult to separate from wheat, and its seeds are also similar to wheat. The seeds contain arsenic, and with a little darnel flour mixed in with regular flour, it gives the bread a bitter taste. Sources that will be quoted below describe its unique nature, and we need to explain it according to our understanding: \"And whoever does not fit with his companions contributes from the beautiful to the evil, but not from the evil to the beautiful. And if he contributes from the evil to the beautiful, his contribution is invalid, except for darnel on wheat, which is not food\" (Mishnah, Trumot 2:6). Darnel is really perceived as a kind of wheat, but a bad kind. However, they are not considered food at all. Another Midrash says: \"A parable to darnel, which they said to wheat, 'We are more beautiful than you, for the rain falls on you and us, and the sun shines on us both.' The wheat said to them, 'Not what you say, and not what we say, but the farmer comes and separates us to the granary, and to you for bird food.' Thus, the nations of the world and Israel are mingled together in the world\" (Genesis Rabbah [Buber], Chapter 23). From the imaginary dispute between wheat and darnel, it is clear that darnel \"sees itself\" as part of the wheat field, since they grow together. But in practice, during the agricultural harvest, they are separated, and the darnel is designated for bird food."
|
14 |
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]
|
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]
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],
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"Appendix 1": [],
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"Bibliography": []
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},
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[
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"heTitle": "ืืืื",
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Kilayim/Hebrew/Mishnat Eretz Yisrael, Seder Zeraim, Tel Aviv, 2008-2016.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Maaser Sheni/Hebrew/Mishnat Eretz Yisrael, Seder Zeraim, Tel Aviv, 2008-2016.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Maaser Sheni/Hebrew/merged.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Maasrot/Hebrew/Mishnat Eretz Yisrael, Seder Zeraim, Tel Aviv, 2008-2016.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Maasrot/Hebrew/merged.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Orlah/Hebrew/Mishnat Eretz Yisrael, Seder Zeraim, Tel Aviv, 2008-2016.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Orlah/Hebrew/merged.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Peah/Hebrew/Mishnat Eretz Yisrael, Seder Zeraim, Tel Aviv, 2008-2016.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Peah/Hebrew/merged.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Sheviit/Hebrew/Mishnat Eretz Yisrael, Seder Zeraim, Tel Aviv, 2008-2016.json
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json/Mishnah/Modern Commentary on Mishnah/Mishnat Eretz Yisrael/Seder Zeraim/Mishnat Eretz Yisrael on Mishnah Terumot/Hebrew/Mishnat Eretz Yisrael, Seder Zeraim, Tel Aviv, 2008-2016.json
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