Babylonian Talmud: Tractate Kethuboth

Folio 64a

'Is it because R. Zebid is a great man¹  that you turn the law against him? Surely R. Kahana stated that Raba had only raised the question but had not solved it'. Now that it has not been stated what the law is,²  [such clothing] is not to be taken away from her if she has already seized them, but if she has not yet seized them they are not to be given to her. We also make her wait twelve months, a [full] year. for her divorce,³  and during these twelve months she receives no maintenance from her husband.⁴

R. Tobi b. Kisna stated in the name of Samuel: A certificate of rebellion may be written against a betrothed woman but no such certificate may be written against one who is awaiting the decision of the levir.⁵  An objection was raised: The same [law⁶  is applicable to a woman] betrothed or married, even to a menstruant, even to a sick woman and even to one who was awaiting the decision of the levir!⁷  — This is no contradiction. The one⁸  refers to the case where the man claimed her;⁹  the other¹⁰  to that where she claimed him.¹¹  For R. Tahlifa b. Abimi stated in the name of Samuel: If he claimed her⁹  he is attended to;¹²  if she claimed him she is not attended to.¹³  To what case did you explain the statement of Samuel¹⁴  as referring? To the one where she claimed him?¹⁵  [But if so] instead of Saying¹⁶  'A certificate of rebellion may be written against a betrothed woman' it should have been said, 'On behalf of a betrothed woman'!¹⁷  — This is no difficulty. Read, 'On behalf of a betrothed woman'.¹⁸

Wherein does a woman awaiting the decision of the levir differ [from the man] that no [certificate of rebellion should be issued on her behalf]? Obviously because we tell her, 'Go, you are not commanded [to marry]';¹⁹  [but. then.] a betrothed woman also should be told, 'Go, you are not commanded [to marry]'!¹⁹  Again should [it be explained to be one] where she comes with the plea Saying. 'I wish to have a staff in my hand and a spade for my burial',²⁰  [this then should] also apply to a woman awaiting the decision of the levir if she comes with such a plea! — [The proper explanation] then [must be this]: Both statements²¹  [refer to the case] where the man claimed,²²  and yet there is no difficulty. since one²³  may refer²⁴  to the performance of halizah and the other²⁵  to that of the levirate marriage. For R. Pedath stated in the name of R. Johanan: [If the levir] claimed her for the performance of halizah his request is to be attended to,²⁶  but if he claimed her for the levirate marriage his request is disregarded.²⁷  Why [is he] not [attended to when he claims her] for the levirate marriage? Naturally because we tell him, 'Go and marry another woman'; [but then even when he claims her] for the performance of halizah could we not also tell him, 'Go and marry another woman'? Again should the answer be: [Because] he can plead. 'As she is bound to me²⁸  no other wife will be given me'. Here also²⁹  [could he not plead] 'As she is bound to me no other wife will be given to me'? — [The proper explanation] then [is this]: Both statements³⁰  [deal with one] who claimed her for the levirate marriage. but there is really no difficulty. one³¹  being³²  in agreement with the earlier Mishnah while the other is³²  in agreement with the latter Mishnah. For we have learned: The commandment of the levirate marriage must take precedence over that of halizah.³³  [This was the case] in earlier days when [levirs] had the intention of observing the commandment — Now, however, when their intention is not the fulfilment of the commandment, it has been ruled that the commandment of halizah takes precedence over that of the levirate marriage.³⁴

FOR HOW LONG MAY THE REDUCTION CONTINUE TO BE MADE? etc. What [is meant by] TROPAICS? R. Shesheth replied: [one tropaic is] an istira. And how much is an istira? — Half a zuz.³⁵  So it was also taught: R. Judah said: Three tropaics which [amount to] nine ma'ah³⁵  [the reduction being at the rate of] one ma'ah and a half per day.³⁶

R. Hiyya b. Joseph asked Of Samuel: In what respect is he³⁷  different [from his wife] that he is allowed [a reduction] for the Sabbath,³⁸  and in what respect is she different [from him] that she is not allowed [an addition] for the Sabbath?³⁹  — In her case,⁴⁰  since it is a reduction that is made, [the seventh tropaic the husband gains] does not have the appearance of Sabbath pay. In his case, however,⁴¹  since it is additions that are made,

1. And would humbly accept the ruling.
2. Lit., 'neither thus nor thus'.
3. To afford her an opportunity of changing her attitude.
4. [Rashi and Adreth among others restrict this procedure to a rebellion out of repulsion, a case illustrated in their view by the daughter-in-law of R. Zebid (v. Supra p. 383, n. 10). Where the rebellion was out of malice she loses her kethubah and dowry completely after the warning at the end of four weeks. Maim., on the other hand, applies it to rebellion out of malice. In the case of rebellion out of repulsion, she is granted a divorce immediately because 'she is not a captive to her husband that she should be forced to have intercourse with him', and though she forfeits her kethubah, she loses none of her dowry (v. Maim. Yad. Ishuth XIV, 8, and commentaries a.l.). In his view the case of R. Zebid's daughter-in-law was one of rebellion out of malice].
5. Shomereth yabam, v. Glos,
6. Of. 'a rebellious 'woman'.
7. Supra 63a, notes.
8. The Baraitha cited (v. suprs n. 8).
9. And she refused him.
10. Samuel's ruling reported by R. Tobi.
11. And he refused to marry her.
12. And he is awarded a certificate of rebellion against her.
13. She is not entitled to a certificate of rebellion against him, which should enable her to obtain the weekly additions to her Kethubah (v. our Mishnah). The reason is given infa. Thus it has been shown that there is a legal difference between the case where he makes the claim and between the case where she makes the claim.
14. V. p. 384, n. 11.
15. V. p. 384, n. 12.
16. Lit., 'that'.
17. Against her husband.
18. The emendation involving only the slight change of [H] to [H].
19. A woman is under no obligation to propagate the race (v. Yeb. 65b).
20. I.e., a son who will provide for her while she is alive and arrange for her burial when she dies.
21. Lit., 'these and these', the statement reported in the name of Samuel as well as the other cited from 63a Supra.
22. And she refused him.
23. The Baraitha cited (v. supra p. 384, n. 8).
24. Lit., 'here'.
25. Samuel's ruling reported by R. Tobi.
26. V.supra p. 384, n. 13.
27. The reason is given anon in the latter Mishnah cited.
28. By the marital bond which only halizah can sever.
29. When he claims her for levitate marriage.
30. V. supra p. 385. n. 8.
31. V. supra p. 385. n. 10.
32. Lit., 'here'.
33. A woman who refused the levir's claim was, therefore, guity of rebellion, and a certificate against her was issued to the levit.
34. No certificate of rebellion may, therefore, be issued against a woman who refuses such a marriage.
35. V. Glos.
36. The week consisting of six working days.
37. The husband.
38. Seven tropaics corresponding to all the days of the week including the Sabbath day.
39. The nine ma'ah at the rate of one and a half per day corresponding to six days only (cf. supra n. 9).
40. I.e., when the woman rebels.
41. When the man rebels against his wife.

[another addition for the seventh day] would have the appearance of Sabbath pay. R. Hiyya b. Joseph [further] asked of Samuel: What [is the reason for the distinction] between a man who rebels [against his wife] and a woman who rebels [against her husband]?¹  — The other replied. 'Go and learn it from the market of the harlots; who hires whom?'²  Another explanation: [The manifestation of] his passions is external; hers is internal.

MISHNAH. IF A MAN³  MAINTAINS HIS WIFE THROUGH A TRUSTEE, HE MUST GIVE HER [EVERY WEEK] NOT LESS THAN TWO KABS⁴  OF WHEAT OR FOUR KABS OF BARLEY. SAID R. JOSE: ONLY R. ISHMAEL WHO LIVED NEAR EDOM⁵  GRANTED HER A SUPPLY OF BARLEY.⁶  HE MUST ALSO GIVE HER HALF A KAB OF PULSE AND HALF A LOG⁴  OF OIL; AND A KAB OF DRIED FIGS OR A MANEH⁴  OF PRESSED FIGS,⁷  AND IF HE HAS NO [SUCH FRUIT] HE MUST SUPPLY HER WITH A CORRESPONDING QUANTITY OF OTHER⁸  FRUIT. HE MUST ALSO PROVIDE HER WITH A BED, A MATTRESS⁹  AND¹⁰  A RUSH MAT. HE MUST ALSO GIVE HER [ONCE A YEAR] A CAP FOR HER HEAD AND A GIRDLE FOR HER LOINS; SHOES [HE MUST GIVE HER] EACH MAJOR FESTIVAL;¹¹  AND CLOTHING [OF THE VALUE] OF FIFTY ZUZ EVERY YEAR. SHE IS NOT TO BE GIVEN NEW [CLOTHES]¹²  IN THE SUMMER OR WORN-OUT CLOTHES IN THE WINTER, BUT MUST BE GIVEN THE CLOTHING [OF THE VALUE] OF FIFTY ZUZ DURING THE WINTER, AND SHE CLOTHES HERSELF WITH THEM WHEN THEY ARE WORN-OUT DURING THE SUMMER; AND THE WORN-OUT CLOTHES REMAIN HER PROPERTY.¹³  HE MUST ALSO GIVE HER [EVERY WEEK] A SILVER MA'AH FOR HER [OTHER] REQUIREMENTS¹⁴  AND SHE IS TO EAT WITH HIM ON THE NIGHT OF EVERY SABBATH.¹⁵  IF HE DOES NOT GIVE HER A SILVER MA'AH FOR HER OTHER REQUIREMENTS, HER HANDIWORK BELONGS TO HER.¹⁶  AND WHAT [IS THE QUANTITY OF WORK THAT] SHE MUST DO FOR HIM?¹⁷  THE WEIGHT OF FIVE SELA'S OF WARP IN JUDAEA, WHICH AMOUNTS TO TEN SELA'S IN GALILEE,¹⁸  OR THE WEIGHT OF TEN SELA'S OF WOOF¹⁹  IN JUDAEA, WHICH AMOUNTS TO TWENTY SELA'S IN GALILEE.¹⁸  IF SHE WAS NURSING [HER CHILD] HER HANDIWORK IS REDUCED AND HER MAINTENANCE IS INCREASED. ALL THIS APPLIES TO THE POOREST IN ISRAEL, BUT IN THE CASE OF A MEMBER OF THE BETTER CLASSES²⁰  ALL IS FIXED ACCORDING TO THE DIGNITY OF HIS POSITION.

GEMARA. Whose [view is represented in] our Mishnah?²¹  [It seems to be] neither that of R. Johanan b. Beroka nor that of R. Simeon. For we learned: And what must be its²²  size? Food for two meals for each, [the quantity being] the food one eats on weekdays and not On the Sabbath; so R. Meir. R. Judah said: As on the Sabbath and not as on weekdays. And both intended to give the lenient ruling.²³  R. Johanan b. Beroka said:²⁴  A loaf that is purchased for a dupondiom²⁵  [when the cost of wheat is at the rate of] four se'ah²⁵  for a sela'.²⁵  R. Simeon said:²⁶  Two thirds of a loaf, three of which are made from a Kab.²⁷  Half of this [loaf is the size prescribed] for a leprous house,²⁸  and half of its half²⁹  renders one's body³⁰  unfit;³¹  and half of the half of its half to be susceptible to Levitical uncleanness,³²  Now, whose [view is that expressed in our Mishnah]?³³  If [it be suggested that it is that of] R. Johanan b. Beroka [the prescribed TWO KABS would only] be [sufficient for] eight [meals].³⁴  and if [the suggestion is that it is that of] R. Simeon [the TWO KABS would] be [sufficient even for] eighteen [meals].³⁵  — [Our Mishnah may] in fact [represent the view of] R. Johanan b. Beroka but, as R. Hisda said elsewhere,³⁶  'Deduct a third of them for the [profit of the] shopkeeper',³⁷  so here³⁸  also take a third³⁹  and add to them.⁴⁰  But [do not the meals] still amount only to twelve?⁴¹  — She eats with him on Friday nights — 42 This is satisfactory according to him who explained⁴³  [TO EAT In our Mishnah as] actual eating. What, however, can be said according to him who explained 'eating' [to mean] intercourse? Furthermore, [would not her total number of meals still] be only thirteen?⁴⁴  — The proper answer is really this:⁴⁵  As R. Hisda said elsewhere,⁴⁶  'Deduct a half for the [profit of the] shopkeeper.⁴⁷  so here⁴⁸  also take a half⁴⁹  and add to them.⁵⁰  (Does not a contradiction arise between the two statements of R. Hisda?⁵¹  — There is no contradiction. One statement refers⁵²  to a place where [the sellers of the wheat] supply also wood⁵³  while the other refers⁵²  to a place where they do not supply the wood.)⁵⁴  If so⁵⁵  [the number of meals] is sixteen.⁵⁶  With whose [view then would our Mishnah agree]? With R. Hidka who ruled: A man must eat on the Sabbath four meals?⁵⁷  — It may be said to represent even the view of the Rabbis, for one meal is to be reserved for guests and occasional visitors.⁵⁸  Now that you have arrived at this position [our Mishnah] may be said to represent even the view of R. Simeon,⁵⁹  for according to the Rabbis⁶⁰  three meals should be deducted⁶¹  for guests and occasional visitors⁶²  and according to R. Hidka⁶³  two Only are to be deducted for guests and occasional visitors.⁶⁴ 

SAID R. JOSE: ONLY … GRANTED A SUPPLY OF BARLEY etc. Do they eat barley at Edom only and throughout the world none IS eaten? — It is this that he meant: ONLY R. ISHMAEL WHO LIVED NEAR EDOM GRANTED A SUPPLY OF BARLEY equal to twice the quantity of wheat, because the Idumean barley was of an inferior quality.

THE MAN MUST ALSO GIVE HER HALF A KAB OF PULSE. Wine, however, is not mentioned. This provides support for a view of R. Eleazar. For R. Eleazar stated:

1. I.e., why does the former lose only half a tropaic a day while the latter loses a full tropaic each day?
2. The man naturally hires the woman; which shows that the male feels the deprivation mote than the female, His compensation. therefore, must be proportionately higher.
3. A husband who does not live with his wife.
4. V. Glos.
5. In the South of Palestine.
6. This is explained in the Gemara infta.
7. [H], a cake of pressed figs. The latter is sold by weight; the former by measure,
8. Lit., 'from another place'.
9. [H], a mat of bark or reeds,
10. The separate edd. of the Mishnah read, 'And if he has no mattress he gives her a rush mat'.
11. I.e., Passover, Pentecost and Tabernacles.
12. Which provide more warmth than outworn clothes.
13. Even after her husband had provided her with the new outfit. This is further discussed in the Gemara infra.
14. Smaller expenses.
15. I.e., Friday nights, the prescribed time for marital intercourse.
16. This is explained supra 59a as referring to the surplus.
17. Where he supplies her with the prescribed allowances.
18. The Galilean sela' being equal in weight to half of the Judaean sela'.
19. It is twice as difficult to web the warp than the woof. Hence a larger Output is required of the latter than of the former.
20. [H] lit., 'honoured', respected'.
21. Which prescribed for a wife a minimum of TWO KABS.
22. The loaf of bread required for an 'erub tehumin. (v. Glos.).
23. I.e., to reduce the prescribed minimum of the 'erub. R. Meir used to consume at a weekday meal less bread than at a Sabbath meal at which the richness of the additional Sabbath dishes tempted him to eat more bread. R. Judah, however, consumed on Sabbath, when several satisfying courses ate served, less bread than he would on weekdays owing to the smaller number of courses.
24. In determining the quantity of bread required for two meals.
25. V. Glos.
26. V. p. 388, n. 12.
27. Of wheat.
28. If a person remained in such a house (v. Lev. XIV, 33ff) for a length of time during which the quantity of bread mentioned can be consumed his clothes become unclean and require ritual washing (cf. Neg. XIII, 9).
29. If it consists of Levitically unclean food.
30. Of the person who ate it,
31. To eat terumah before he performs ritual immersion, v. 'Er. 82b.
32. [This latter passage does not occur in the Mishnah 'Er. but is introduced in the Gemara on 83a as a teaching by a Tanna].
33. Where a wife is allowed a minimum of TWO KABS of wheat for the week. Since she must have at least two meals a day, the two Kabs should provide fourteen (seven times two) meals, besides an additional one or two (respectively. according to the Rabbis or to R. Hidka, infra) for the Sabbath day.
34. According to R. Johanan b. Beroka a loaf that contains food for two meals (v. supra p. 388. n. 12) is one 'that is purchased for a dupondium when the cost of wheat is at the rate of four se'ah for a sela', Each sela' = four denarii, each denar = six ma'ahs and each ma'ah = two dupondia. Consequently a sela' = (4 X 6 X 2) forty eight dupondta. a se'ah = six Kabs = twelve half-Kabs. Consequently four se'ahs (4 X 12) forty-eight half-Kabs. For a dupondium, therefore, half a Kab of wheat is obtained; and since this quantity supplies two meals each quarter of a Kab provides one meal. The TWO KABS consequently provide only eight meals.
35. R. Simeon's minimum is 'two thirds of a loaf, three of which ate made of a Kab'. If two thirds represent two meals (v. supra p. 388, n. 12) each third represents one meal. If three loaves are made from one Kab, each Kab represents (3 X 3) nine meals. The TWO KABS, therefore, represent (6 X 9) = eighteen meals. Now since according to our Mishnah a wife must be allowed fourteen meals plus one additional meal or two for the Sabbath (v. supra note 9) neither the view of R. Johanan b. Beroka nor that of R. Simeon can be represented by it.
36. V. 'Er. 82b.
37. Though the shopkeeper buys at the rate of four se'ahs for a sela' = half a kab for a dupondium (v. supra p. 389. n. 10) he sells at a higher price, leaving for himself a profit of one third of the purchase price. For each dupondium, therefore, he sells only two thirds of half a kab. One third of half a Kab or one sixth of a Kab thus provides one meal. Two Kabs therefore, would produce (2 x 6) = twelve meals.
38. In our Mishnah.
39. The shopkeeper's profit which the husband saves by the supply of wheat instead of shop baked loaves.
40. To the presumed number of eight. Four is a third of twelve which is the number of meals two Kabs provide.
41. Cf. supra p. 389. n. 13 ad fin. As, however, she requires fourteen plus one or plus two meals for the week (v. supra p. 389. n. 9) she is still short of three or four meals.
42. Lit., 'the nights of the Sabbath'. Friday night belongs to the Sabbath, the day always beginning with the sunset of the previous day.
43. Infra 65b.
44. The twelve mentioned (v. supra p. 389. n. 13 ad fin.) plus the one she has on Friday night. She is thus still short of a meal or meals (v. supra p. 389. n. 9) for the Sabbath day.
45. Lit., 'but'.
46. V. 'Er. 82b.
47. Cf. supra p. 389, n. 13 mutatis mutandis.
48. In our Mishnah.
49. V. supra note 1.
50. Cf. supra note 2 mutatis mutandis. The woman thus obtains her full number of meals.
51. Lit., 'a difficulty of R. Hisda against R. Hisda'.
52. Lit., 'that'.
53. For the baking of the bread. In such a case the shopkeeper deducts only a third for his profit.
54. And the shopkeeper sells at a profit equal to half of his purchase price to compensate himself for the cost of the wood.
55. That a half is to be added.
56. Each half Kab producing four, instead of the presumed two meals, the two Kabs would produce (4 X 4 ) sixteen meals.
57. Shab. 117a. As R. Hidka is in the minority, would an anonymous Mishnah which usually represents the halachah agree with the opinion of an individual against that of a majority?
58. Cf. supra p. 364. nn. 5-6. This leaves the woman with fifteen meals, twelve for the six weekdays and three for the Sabbath.
59. According to whom the TWO KABS would provide eighteen meals.
60. Who maintain that only three meals are prescribed for the Sabbath.
61. From the eighteen.
62. Cf. supra note 1.
63. Whose view is that for the Sabbath four meals are prescribed.
64. Leaving for the woman four Sabbath meals plus twelve for the week days.