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Tiresias: The Ancient Mediterranean Religions Source Database



8012
Mishnah, Ketuvot, 1.2


בְּתוּלָה, כְּתֻבָּתָהּ מָאתַיִם. וְאַלְמָנָה, מָנֶה. בְּתוּלָה אַלְמָנָה, גְּרוּשָׁה, וַחֲלוּצָה, מִן הָאֵרוּסִין, כְּתֻבָּתָן מָאתַיִם, וְיֵשׁ לָהֶן טַעֲנַת בְּתוּלִים. הַגִּיּוֹרֶת, וְהַשְּׁבוּיָה, וְהַשִּׁפְחָה שֶׁנִּפְדּוּ וְשֶׁנִּתְגַּיְּרוּ, וְשֶׁנִּשְׁתַּחְרְרוּ, פְּחוּתוֹת מִבְּנוֹת שָׁלֹשׁ שָׁנִים וְיוֹם אֶחָד, כְּתֻבָּתָן מָאתַיִם, וְיֵשׁ לָהֶן טַעֲנַת בְּתוּלִים:A virgin her kethubah is two hundred [zuz], and a widow a maneh (100. A virgin, who is a widow, [or] divorced, or a halutzah from betrothal her kethubah is two hundred [zuz], and there is upon her a claim of non-virginity. A female proselyte, a woman captive, and a woman slave, who have been redeemed, converted, or freed [when they were] less than three years and one day old their kethubah is two hundred [zuz] there is upon them a claim of non-virginity.


Intertexts (texts cited often on the same page as the searched text):

9 results
1. Mishnah, Bikkurim, 1.4 (1st cent. CE - 3rd cent. CE)

1.4. These bring [bikkurim] but do not read the declaration:The convert, since he cannot say: “Which the Lord has sworn to our fathers, to give to us” (Deuteronomy 26:3). If his mother was an Israelite, then he brings bikkurim and recites. When he prays privately, he says: “God of the fathers of Israel,” but when he is in the synagogue, he should say: “The God of your fathers.” But if his mother was an Israelite, he says: “The God of our fathers’."
2. Mishnah, Horayot, 1.4, 3.8 (1st cent. CE - 3rd cent. CE)

1.4. If the court ruled and one of them knew that they had erred and said to the others, “You are making a mistake”, or if the mufla of the court was not there, or if one of them was a proselyte or a mamzer or a nathin or an elder who did not have children, they are exempt, for it says here (Lev 4:13) “congregation” and it says later on (Num 35:24) “congregation”; just as the “congregation” further on must be fit to issue rulings, so too the “congregation” mentioned here must be fit to issue rulingsIf the court issued a [wrong] decision unwittingly and all the people acted unwittingly, they bring a bull. [If the court ruled wrong] intentionally and [the people] acted unwillingly, they bring a lamb or a goat. [If the court ruled] unwittingly and [the people] acted willingly accordingly, they are exempt." 3.8. A priest takes precedence over a levite, a levite over an israelite, an israelite over a mamzer, a mamzer over a natin, a natin over a convert, and a convert over a freed slave. When is this so? When all these were in other respects equal. However, if the mamzer was a scholar and the high priest an ignoramus, the scholar mamzer takes precedence over the ignorant high priest."
3. Mishnah, Ketuvot, 1.3, 4.2, 5.1 (1st cent. CE - 3rd cent. CE)

1.3. When an adult has had sexual intercourse with a young girl, or when a small boy has had intercourse with an adult woman, or a girl who was injured by a piece of wood [in all these cases] their kethubah is two hundred [zuz], the words of Rabbi Meir. But the Sages say: a girl who was injured by a piece of wood her kethubah is a maneh." 4.2. If a man gave his daughter in betrothal and she was divorced, [and then] he gave her [again] in betrothal and she was widowed, her ketubah belongs to him. If he gave her in marriage and she was divorced [and then] he gave her [again] in marriage and she was left a widow, her ketubah belongs to her. Rabbi Judah said: the first belongs to her father. They said to him: as soon as he gives her in marriage, her father loses all control over her." 5.1. Although [the Sages] have said: a virgin collects two hundred and a widow one maneh, if he wishes to add, even a hundred maneh, he may do so.After betrothal [but before marriage], a virgin collects two hundred zuz and a widow only one maneh, for the man wrote her [the additional amount] in order to marry her. If she was widowed or divorced, either after betrothal or after marriage, she is entitled to collect the entire amount. Rabbi Elazar ben Azaryah says: [a woman widowed or divorced] after marriage receives the entire amount; Rabbi Judah says: if he wishes he may write for a virgin a document for two hundred zuz and she writes “I have received from you a maneh”, or for a widow [he may write a document for] a maneh and she writes, “I have received from you fifty zuz”. Rabbi Meir says: Any man who gives a virgin less than two hundred zuz or a widow less than a maneh is engaging in licentious sex."
4. Mishnah, Maaser Sheni, 5.14 (1st cent. CE - 3rd cent. CE)

5.14. From here they said that Israelites and mamzerim may make the confession, but not converts, nor freed slaves, since they have no inheritance in the land. Rabbi Meir says: neither do priests and Levites since they did not take a share of the land. Rabbi Yose says: they have the Levitical cities."
5. Mishnah, Nedarim, 10.1 (1st cent. CE - 3rd cent. CE)

10.1. In the case of a betrothed young woman, her father and her betrothed husband annul her vows. If her father annulled [her vow] but not the husband, or if the husband annulled [it] but not the father, it is not annulled; and it goes without saying if one of them upheld [it]."
6. Mishnah, Qiddushin, 4.1, 4.3-4.4 (1st cent. CE - 3rd cent. CE)

7. Mishnah, Yevamot, 13.1 (1st cent. CE - 3rd cent. CE)

13.1. Beth Shammai says: Only those who are betrothed may exercise the right of refusal; But Beth hillel says: Both those who are betrothed and those who are married. Beth Shammai says: [A declaration of refusal may be made] against a husband but not against a yavam; But Beth Hillel says: Either against a husband or against a yavam. Beth Shammai says: [The declaration] must be made in his presence, But Beth Hillel says: Either in his presence or not in his presence. Beth Shammai says: [The declaration must be made] before the court, But Beth Hillel says: Either before the court or not before the court. Beth Hillel said to Beth Shammai: [A girl] may exercise the right of refusal while she is a minor even four or five times. Beth Shammai said to them: “The daughters of Israel are not ownerless property! Rather, either she makes a declaration of refusal and then waits until she is of age, or she makes a declaration of refusal and marries again [immediately]. Section one: According to Beth Shammai only those who are betrothed are allowed to make a declaration of refusal and thereby leave their husbands without a get. Beth Hillel says even if she was married she may do so. According to the Talmud, Beth Shammai allows only the betrothed woman to refuse because if the married woman also was able to refuse, men would not want to spend the money involved in marrying a minor, lest she later refuse the marriage. Section two: If the minor girl was married off by her mother or brother and then her husband died, according to Beth Shammai she cannot make a declaration against her yavam. Rather she must wait until she reaches majority age and then request halitzah. However, according to Beth Hillel she may make such a declaration against the yavam as well. However, even though she has annulled her marriage to the yavam’s brother, she cannot at a later point marry the yavam, since she was at one point his brother’s wife. Section three: According to Beth Shammai, she must make the declaration of refusal in front of him. According to Beth Hillel, this is not necessary. Section four: According to Beth Shammai, she must make the declaration of refusal in front of a court. According to Beth Hillel, this is not necessary. Section five: According to Beth Hillel, as long as she is still a minor, she may be married off as many times as her brothers and mother wish and she may later refuse as many marriages as they offer. Beth Shammai offers a moral objection to this possibility, for through it a girl could be betrothed (but according to Beth Shammai not married) to several men without ever having received a get. Rather she either waits until she is an adult or makes a declaration of refusal and then marries immediately, at which point she could no longer refuse, according to Beth Shammai. Note that this last section is phrased differently than the previous sections. According to some mishnaic commentators, since Beth Shammai explains their position the halakhah is according to them in this section. In all of the other sections, the halakhah follows Beth Hillel, as it usually does."
8. Babylonian Talmud, Ketuvot, None (3rd cent. CE - 6th cent. CE)

43b. שפצעה בפניה אמר רב זירא אמר רב מתנה אמר רב ואמרי לה אמר רבי זירא א"ר מתנה אמר רב בת הניזונת מן האחין מעשה ידיה לעצמה דכתיב (ויקרא כה, מו) והתנחלתם אותם לבניכם אחריכם אותם לבניכם ולא בנותיכם לבניכם מגיד שאין אדם מוריש זכות בתו לבנו,א"ל אבימי בר פפי שקוד אמרה שקוד מנו שמואל הא רב אמרה אימא אף שקוד אמרה אמר מר בר אמימר לרב אשי הכי אמרי נהרדעי הלכתא כוותיה דרב ששת רב אשי אמר הלכתא כוותיה דרב והלכתא כוותיה דרב:, big strongמתני׳ /strong /big המארס את בתו וגרשה אירסה ונתארמלה כתובתה שלו השיאה וגרשה השיאה ונתארמלה כתובתה שלה ר' יהודה אומר הראשונה של אב אמרו לו (אם) משהשיאה אין לאביה רשות בה:, big strongגמ׳ /strong /big טעמא דהשיאה וגרשה השיאה ונתארמלה אבל נתארמלה תרי זמני תו לא חזיא לאינסובי ואגב אורחיה קא סתים לן תנא כרבי דאמר בתרי זמני הויא חזקה:,רבי יהודה אומר הראשונה של אב: מ"ט דרבי יהודה רבה ורב יוסף דאמרי תרוייהו הואיל ומשעת אירוסין זכה בהן האב,מתיב רבא רבי יהודה אומר הראשונה של אב ומודה רבי יהודה במארס את בתו כשהיא קטנה ובגרה ואח"כ נשאת שאין לאביה רשות בה אמאי ה"נ לימא הואיל ומשעת אירוסין זכה בהן האב,אלא אי אתמר הכי אתמר רבה ורב יוסף דאמרי תרוייהו הואיל וברשותו נכתבין,ומיגבא מאימת גביא,אמר רב הונא מנה מאתים מן האירוסין ותוספת מן הנשואין ורב אסי אמר אחד זה ואחד זה מן הנשואין,ומי אמר רב הונא הכי והאתמר הוציאה עליו שתי כתובות אחת של מאתים ואחת של שלש מאות ואמר רב הונא באתה לגבות מאתים גובה מזמן ראשון שלש מאות גובה מזמן שני,ואם איתא תיגבי מאתים מזמן ראשון ומאה מזמן שני,ולטעמיך תיגבי חמש מאות כולם מאתים מזמן ראשון תלת מאה מזמן שני,אלא חמש מאות מ"ט לא גביא כיון דלא כתב לה צביתי ואוסיפית לך תלת מאה אמאתים הכי קאמר לה אי מזמן ראשון גביאת גביא מאתים אי מזמן שני גביאת גביא תלת מאה 43b. We are dealing with a case bwhen he injured her in her face,and therefore he must also pay for the loss of her value, a sum that belongs to her father. bRav Zeira saidthat bRav Mattana saidthat bRav said, and some say Rabbi Zeira saidthat bRav Mattana saidthat bRav said:With regard to ba daughter who is sustained by the brothers, her earningsbelong bto her, as it is written: “And you may make them an inheritance for your sons after you”(Leviticus 25:46), which indicates: It is bthem,slaves, that you bequeath bto your sons, and not your daughters to your sons.This verse bteaches that a man does not bequeath a rightthat he has over his bdaughter to his son. /b, bAvimi bar Pappi said toRabbi Zeira: bShakud saidthis ihalakha /i. The Gemara asks: bWho is Shakud?This is a nickname for bShmuel.The Gemara asks: bDidn’t Rav say it?The Gemara answers: One should bsaythat Avimi bar Pappi meant that beven Shakud said it,i.e., Shmuel also agreed with this ruling. bMar bar Ameimar said to Rav Ashi:The Sages bof Neharde’a say as follows: The ihalakhais in accordance withthe opinion of bRav Sheshet,that brothers who are sustaining their sister are entitled to her earnings. bRav Ashi said: The ihalakhais in accordance withthe opinion of bRav,that her earnings belong to her. The Gemara concludes: bAnd the ihalakhais in accordance withthe opinion of bRav. /b, strongMISHNA: /strong bOne who betroths hisminor bdaughterto a man, bandthe man subsequently bdivorces her,and her father then bbetroths herto another, band she is widowed,the payment specified in bher marriage contract,even from her second husband, bis his,i.e., it belongs to the father. However, if her father bmarried heroff bandher husband bdivorced her,and her father then bmarried herto another man band she was widowed,even the payment specified in bher marriage contractfrom her first marriage bis hers. Rabbi Yehuda saysthat the payment specified in bthe firstmarriage contract belongs btothe bfather. They said to him: Ifit bwas after he married heroff, even the first time, bher father nolonger bhas authority over her. /b, strongGEMARA: /strong The Gemara infers from the language of the mishna: The breasonis bthathe bmarried heroff, bandthe husband bdivorced her,and he bmarried heroff to another man, band she was widowed. However,if bshe was widowed twice she is no longer fit to be married,due to the concern that she is the cause of her husbands’ early demise. The Gemara comments: bAndthe itannaincidentallyteaches ban unattributedopinion bin accordance withthe opinion of bRabbiYehuda HaNasi, bwho saidthat bpresumption isestablished bby two occasions.Consequently, she is already considered a danger after two husbands have passed away, as opposed to the opinion that three incidents are required to establish a presumption.,§ The mishna taught that bRabbi Yehuda saysthe payment specified in bthe firstmarriage contract belongs btothe bfather.The Gemara asks: bWhat is the reason of Rabbi Yehuda?The Gemara explains that bRabba and Rav Yosef both say: Since the father is entitled tothe payments of the marriage contract bfrom the time ofher bbetrothal,when the first husband obligated himself to pay her marriage contract, as the girl was under her father’s authority at the time, the father receives the money. Although the money is actually paid only after the girl was married and divorced, at which time she is under her own jurisdiction, her father acquired his right to the marriage contract from the time of her betrothal, when she was under his authority., bRava raised an objectionfrom a ibaraita /i: bRabbi Yehuda saysthat the payment specified in bthe firstmarriage contract belongs btoher bfather. And Rabbi Yehuda concedesin the case bof one who betroths his daughter when she is a minor, and she matures and subsequently marries, that her father nolonger bhas authority over heronce she becomes an adult, and he does not retain his rights to her marriage contract. According to the above explanation, bwhydoes Rabbi Yehuda agree in that case? bHere too, let him say: Since the father is entitled tothe payment of her marriage contract bfrom the time ofher bbetrothal,he receives the payment even if she married after she reached majority., bRather, ifthis statement bwas stated, it was stated as follows: Rabba and Rav Yosef both say: Sincethe amounts of the marriage contract bare written under his authority,as the marriage contract is drafted right before the marriage, at which point the girl was still under her father’s jurisdiction, he is therefore entitled to the money. This explains why the ruling is different if she reached majority before her marriage. In this case, the marriage contract was written when she was no longer under her father’s jurisdiction, and therefore her father is not entitled to the payment of her marriage contract., bAndnow that it has been established that even according to the opinion of Rabbi Yehuda, the rights to a marriage contract are determined based upon the time of marriage and not the time of betrothal, despite the fact that its sum is fixed at that time, the Gemara asks: bFrom whendoes the husband’s property become liened to ensure bcollectionof his wife’s marriage contract? Does the monetary claim take effect at the time of betrothal, so that there is a lien on any property he owned at that time, or is there a lien only on property that the husband owned at the time of marriage?, bRav Huna said:With regard to the bone hundred dinarsfor a non-virgin and the btwo hundredfor a virgin, the basic sums of a marriage contract instituted by the Sages, she has a lien on her husband’s property bfrom thetime of the bbetrothal,as she acquired this amount when she was betrothed, bbutwith regard to the baddition,i.e., additional sums of money stipulated by the husband himself, the wife’s lien on his property takes effect only bfromthe time of bthe marriage. And Rav Asi said:The lien for bboth this and thattake effect only bfrom thetime of their bmarriage. /b,The Gemara asks: bAnd did Rav Hunaactually bsay this,that a woman has a lien on her husband’s property from the time of betrothal with regard to payment of the one hundred or two hundred dinars that constitute the main sum of her marriage contract? bBut wasn’t it statedthat iamora’imdiscussed the case of a woman who bproduced againsther husband, upon their divorce, btwo marriage contracts,written at different times, bone of two hundreddinars bandthe other bone of three hundred? And Rav Huna said:Since she can claim only one marriage contract, if bshe came to collectthe first sum of btwo hundreddinars, bshecan bcollectthat amount even bfromproperty her husband sold after bthe firstpoint in btime,when this marriage contract was written, and if she wishes to collect the one worth bthree hundreddinars, bshecan bcollect fromproperty her husband sold after bthe secondpoint in btime. /b,The Gemara explains the difficulty: bAnd if it is so,that Rav Huna maintains that the lien for the basic sum and the addition can be ascribed to different dates, blet her collect two hundreddinars bfromproperty sold after bthe firstpoint in btime,as she was already entitled to the basic sum of her marriage contract from that day, bandshe can collect btheadditional bone hundreddinars bfromproperty sold after bthe secondpoint in btime. /b,The Gemara refutes this argument: bAndeven baccording to your reasoning, let her collect the entire five hundreddinars, the sum of both marriage contracts. She should be able to collect btwo hundred fromproperty sold after bthe firstpoint in btimeand bthree hundred fromproperty sold after bthe secondstipulated btime. /b, bRather, what is the reasonthat bshe may not collectthe entire sum of bfive hundreddinars? bSincehe did bnot write to herin the second marriage contract: bI choseto badd tothe payment of byourmarriage contract, and therefore I am writing a contract for bthree hundreddinars in addition btothe first btwo hundreddinars, it is apparent that bthis is what hemeant to bsay to herby writing a second marriage contract: bIf you collect fromproperty sold after bthe firstpoint in btime, you may collect two hundreddinars; bif you collect fromproperty sold after bthe secondpoint in btime, you may collect three hundreddinars.
9. Anon., Sifre Zuta Numbers, 12



Subjects of this text:

subject book bibliographic info
adultery, defilement Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172
betrothal, celibacy Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172
betrothal, refusal Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172
canaanite slaves Porton, Gentiles and Israelites in Mishnah-Tosefta (1988) 96
converts/proselytes, ranking below native jews in matrimonial law Cohen, The Significance of Yavneh and other Essays in Jewish Hellenism (2010) 362
converts/proselytes, treatment under homicide and tort law Cohen, The Significance of Yavneh and other Essays in Jewish Hellenism (2010) 362
court Porton, Gentiles and Israelites in Mishnah-Tosefta (1988) 96
dog-(food) Porton, Gentiles and Israelites in Mishnah-Tosefta (1988) 96
fornication, from betrothal Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172
ger' Cohen, The Significance of Yavneh and other Essays in Jewish Hellenism (2010) 362
izates, king of adiabene Price, Finkelberg and Shahar, Rome: An Empire of Many Nations: New Perspectives on Ethnic Diversity and Cultural Identity (2021) 215
matrimony, ketubbah Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172
matrimony, minor Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172
matrimony, priest Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172
oath Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172
rabbi shimon ben eleazar Price, Finkelberg and Shahar, Rome: An Empire of Many Nations: New Perspectives on Ethnic Diversity and Cultural Identity (2021) 215
vow Monnickendam, Jewish Law and Early Christian Identity: Betrothal, Marriage, and Infidelity in the Writings of Ephrem the Syrian (2020) 172