כתובות ד׳Ketubot 4

Perek 4 of 13 in Ketubot — 12 mishnayot

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Mishnah 1א׳

נַעֲרָה שֶׁנִּתְפַּתְּתָה, בָּשְׁתָּהּ וּפְגָמָהּ וּקְנָסָהּ שֶׁל אָבִיהָ, וְהַצַּעַר בַּתְּפוּסָה. עָמְדָה בַדִּין עַד שֶׁלֹּא מֵת הָאָב, הֲרֵי הֵן שֶׁל אָב. מֵת הָאָב, הֲרֵי הֵן שֶׁל אַחִין. לֹא הִסְפִּיקָה לַעֲמֹד בַּדִּין עַד שֶׁמֵּת הָאָב, הֲרֵי הֵן שֶׁל עַצְמָהּ. עָמְדָה בַדִּין עַד שֶׁלֹּא בָגְרָה, הֲרֵי הֵן שֶׁל אָב. מֵת הָאָב, הֲרֵי הֵן שֶׁל אַחִין. לֹא הִסְפִּיקָה לַעֲמוֹד בַּדִּין עַד שֶׁבָּגְרָה, הֲרֵי הֵן שֶׁל עַצְמָהּ. רַבִּי שִׁמְעוֹן אוֹמֵר, אִם לֹא הִסְפִּיקָה לִגְבּוֹת עַד שֶׁמֵּת הָאָב, הֲרֵי הֵן שֶׁל עַצְמָהּ. מַעֲשֵׂה יָדֶיהָ וּמְצִיאָתָהּ, אַף עַל פִּי שֶׁלֹּא גָבְתָה, מֵת הָאָב, הֲרֵי הֵן שֶׁל אַחִין:

If a na'arah were seduced, her bosheth, her p'gam, and her knass belong to her father, and her tza'ar, [too,] if she were forced. If she appeared before beth-din before her father died, they belong to her father. If her father died [after she appeared before beth-din as a na'arah, whether or not she became a bogereth before he died], they belong to the brothers, [for since he appeared before beth-din, the father acquired them.] If she did not appear before beth-din before her father died, they belong to her. [For since he did not appear before beth-din, there is no money to bequeath to his sons.] If she appeared before beth-din before she became a bogereth, they belong to her father. If her father died, they belong to her brothers. If she did not appear before beth-din before she became a bogereth, they belong to her. R. Shimon says: If she did not collect before the father died, they belong o her. [Even if he appeared before beth-din, it is not the father's money to bequeath to his sons until it reaches his hands, it being written (Deuteronomy 22:19): "Then the man who lies with her shall give the father of the na'arah fifty kesef" — the Torah caused the father to acquire it only from the time of "giving." The halachah is not in accordance with R. Shimon.] The work of her hands [that she performed in her father's lifetime, even though she did not collect her wage] and her metziah (the objects that she finds), even though she did not collect it, if her father died, they belong to her brothers. [The gemara asks: From whom does she collect her metziah? And it answers: This is the intent: The work of her hands is like her metziah, viz.: Just as her metziah, in her father's lifetime belongs to her father, and after her father's death, to her (that is, the brothers do not acquire what the daughter found after her father's death), so the work of her hands in her father's lifetime belongs to the father and is acquired by her brothers even if she had not collected her wage; but the work of her hands (that she performs) after her father's death belongs to her, and her brothers have no rights in the daughter's handiwork after the father's death.]

Mishnah 2ב׳

הַמְאָרֵס אֶת בִּתּוֹ, וְגֵרְשָׁהּ, אֵרְסָהּ וְנִתְאַרְמְלָה, כְּתֻבָּתָהּ שֶׁלּוֹ. הִשִּׂיאָהּ וְגֵרְשָׁהּ, הִשִּׂיאָהּ וְנִתְאַרְמְלָה, כְּתֻבָּתָהּ שֶׁלָּהּ. רַבִּי יְהוּדָה אוֹמֵר, הָרִאשׁוֹנָה שֶׁל אָב. אָמְרוּ לוֹ, מִשֶּׁהִשִּׂיאָהּ, אֵין לְאָבִיהָ רְשׁוּת בָּהּ:

If one betrothed his daughter and she were divorced, and he betrothed her and she were widowed, her kethubah, [which she claims from both of these betrothals] belongs to him, (this tanna) holding that there is a kethubah for a betrothed woman, and we are speaking of the period when she is a na'arah (or when she is a minor. If he married her and she were divorced; and he married her and she were widowed, her kethubah belongs to her. [For after he married her, his authority over her lapsed, and we follow (the time of) collection, which came afterwards. We do not follow the (time of the) writing, to say that since the first (kethubah) was written while she was yet under her father's domain, the kethubah belongs to her father.] R. Yehudah says: The first one belongs to her father, [R. Yehudah holding that we follow the (time of the) writing, and that since the first kethubah was written before the marriage, when she was still under her father's domain, it belongs to her father. The halachah is not in accordance with R. Yehudah.]

Mishnah 3ג׳

הַגִּיּוֹרֶת שֶׁנִּתְגַּיְּרָה בִתָּהּ עִמָּהּ, וְזִנְּתָה, הֲרֵי זוֹ בְּחֶנֶק. אֵין לָהּ לֹא פֶתַח בֵּית הָאָב, וְלֹא מֵאָה סָלַע. הָיְתָה הוֹרָתָהּ שֶׁלֹּא בִקְדֻשָּׁה וְלֵדָתָהּ בִּקְדֻשָּׁה, הֲרֵי זוֹ בִסְקִילָה. אֵין לָהּ לֹא פֶתַח בֵּית הָאָב וְלֹא מֵאָה סָלַע. הָיְתָה הוֹרָתָהּ וְלֵדָתָהּ בִּקְדֻשָּׁה, הֲרֵי הִיא כְבַת יִשְׂרָאֵל לְכָל דָּבָר. יֶשׁ לָהּ אָב וְאֵין לָהּ פֶּתַח בֵּית הָאָב, יֶשׁ לָהּ פֶּתַח בֵּית הָאָב וְאֵין לָהּ אָב, הֲרֵי זוֹ בִסְקִילָה. לֹא נֶאֱמַר פֶּתַח בֵּית אָבִיהָ, אֶלָּא לְמִצְוָה:

With regard to a female proselyte whose daughter converted along with her, and she committed adultery [as a betrothed na'arah] her [punishment] is strangulation. However, she does not have [to be brought out to] the door of her father's house, nor [does she have a right to] the 100 selah [a sum of money] [in a case where she was unjustly slandered]. If her conception was without [her mother in a state of] holiness [i.e., before she converted], but was born [when her mother was in a state of holiness, i.e., as a Jew] she is [condemned to] stoning. She does not have [to be brought out to] the door of her father's house, nor [does she have a right to] the 100 selah. [However,] if her conception and her birth were in [a state of] holiness, she is like a daughter of Israel in every respect. Whether she has a father but no entrance to her father's house, or a father's house but no father, she is [condemned to] stoning. [As,] the [law of bringing her out to] "The door of her father's house" is only said as a [positive] commandment [if it can be observed].

Mishnah 4ד׳

הָאָב זַכַּאי בְבִתּוֹ בְקִדּוּשֶׁיהָ, בַּכֶּסֶף בַּשְּׁטָר וּבַבִּיאָה, וְזַכַּאי בִּמְצִיאָתָהּ, וּבְמַעֲשֵׂה יָדֶיהָ, וּבַהֲפָרַת נְדָרֶיהָ. וּמְקַבֵּל אֶת גִּטָּהּ, וְאֵינוֹ אוֹכֵל פֵּרוֹת בְּחַיֶּיהָ. נִשֵּׂאת, יָתֵר עָלָיו הַבַּעַל שֶׁאוֹכֵל פֵּרוֹת בְּחַיֶּיהָ, וְחַיָּב בִּמְזוֹנוֹתֶיהָ, בְּפִרְקוֹנָהּ, וּבִקְבוּרָתָהּ. רַבִּי יְהוּדָה אוֹמֵר, אֲפִלּוּ עָנִי שֶׁבְּיִשְׂרָאֵל, לֹא יִפְחֹת מִשְּׁנֵי חֲלִילִים וּמְקוֹנָנֶת:

A father has rights in his daughter [when she is a minor or a na'arah] in her betrothal by money, [her betrothal money belonging to him, it being written in respect to a Hebrew maid-servant (Exodus 21:11): "Then she shall go out free, without money," which is expounded: Money does not revert to this master (that is, the master who bought her, from whom she goes out free, with the signs of a na'arah), but money does revert to a different master. And who is that? Her father, the betrothal money reverting to him, even when she is a na'arah, until she becomes a bogereth.], by deed, and by cohabitation. [He receives a betrothal deed for her, and presents her for cohabitation for betrothal to whomever he wishes, it being written (Deuteronomy 24:2): "And she shall go out … and she shall be," the "beings" (i.e., being taken in marriage) being likened to each other, viz.: Just as money, which is one of the "beings," is in her father's domain, so, betrothal by deed and by cohabitation are in her father's domain.], and he acquires her metziah [because of eivah (rancor, i.e., desisting from feeding her)], and the work of her hands, [it being written (Exodus 21:7): "And if a man sell his daughter as a maidservant" — Just as the handiwork of a maidservant belongs to her master, so the handiwork of a daughter belongs to her father.], and the absolution of her vows, [it being written (in this connection) (Numbers 30:17): "…in her maidenhood, the house of her father."], and he receives her get, [it being written (Deuteronomy 24:2): "And she shall go out … and she shall be" — "going out" (of marriage) is likened to "being." Just as her father receives her betrothal when she is a minor and when she is a na'arah, so he receives her get.], and he does not eat fruits in her lifetime. [If land fell to her from the house of her father's mother, her father does not eat their fruits in her lifetime, unless she dies and he inherits her.] Superior to him (in rights) is her husband, [who has all the rights mentioned above that a father has in his daughter, and] who (in addition) eats the fruits [of the property which fell to her by inheritance after she married him.] And he (the husband) is obligated to feed her, to redeem her [if she were taken captive], and to bury her, [the sages having instituted that he bury her; this, in consideration of her inheritance, her husband inheriting her at her death.] R. Yehudah says: Even a pauper in Israel should not provide less (at the burial of his wife) than two flutes (for the eulogy) and a wailing woman.

…and 8 more mishnayot in this perek.

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Mishnah, Torat Emet 357 edition, via Sefaria — public domain

English: The Mishna with Obadiah Bartenura, tr. Rabbi Shraga Silverstein, via Sefaria — CC BY

English: Eighteen Treatises from the Mishna, tr. D. A. de Sola and M. J. Raphall, 1843 — public domain