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The Jerusalem TalmudJerusalem Talmud Ketubot 4.4

The Jerusalem Talmud

Jerusalem Talmud Ketubot 4.4

1
English · Heinrich W. Guggenheimer

MISHNAH: If a proselyte woman converted together with her daughter and the latter committed adultery, she is [executed] by strangling; she has neither a door of her father’s house nor 100 tetradrachmas. If she was conceived not in holiness but born in holiness, she is [executed] by stoning; she has neither a door to her father’s house nor 100 tetradrachmas. If she was conceived and born in holiness, she is a Jewish woman in all respects. If she has a father but no door to her father’s house, or a door to her father’s house but no father, she is stoned since the door to her father’s house was mentioned only as a commandment.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “If a proselyte woman converted,” etc. It is written: “For he calumniated a virgin of Israel”. That excludes this one who is not from Israel. “For he calumniated a virgin,” to include the proselyte whose conception was not in holiness but her birth was in holiness, that she should be stoned. Why does one not add her for the fine? You cannot do that; as Ḥizqiah stated: We understand that it was said “they shall stone her,” does that not imply that she dies? Why does the verse say, “and she shall die”? But there must be another one who is stoned but (she) [he] is free; who is that? That is the proselyte whose conception was not in holiness but who was born in holiness.

3
English · Heinrich W. Guggenheimer

It is written: “If a man takes a wife, comes to her, and hates her.” He is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “He puts a libel on her”; I could think even if she spoiled a dish? It says here “a libel” and it says later “a libel”. Since “a libel” later implies whoring, so also here it means whoring. Since “a libel” later implies from the place of virginity, so also here? From where if he came upon her otherwise? The verse says, “and he calumniates her”, in any way. “He said, I took this wife and came to her,” that excludes assignations; “I took”, to exclude the one waiting for her levir; “I took”, to exclude the preliminarily married one.

4
English · Heinrich W. Guggenheimer

“I took”, that excludes assignations. Rebbi Jonah said, even following him who says that the money from the start was given for assignation. “I took”, to exclude the one waiting for her levir; not only for the earlier teachings that the obligation of the levirate precedes that of ḥalîṣah, but even according to the later teachings that the obligation of ḥalîṣah precedes the obligation of levirate. “I took”, to exclude the preliminarily married one.

5
English · Heinrich W. Guggenheimer

“I came to her and did not find her a virgin.” Should we not worry that he found and made disappear? The husband brought witnesses that she committed adultery while in her father’s house. “This is proof of my daughters virginity.” Should we not worry that this is bird’s blood? The father brought witnesses to prove perjury by the husband’s witnesses. Rebbi Yose ben Rebbi Abun said, in this paragraph there are witnesses, witnesses of perjury, and witnesses of perjury of the witnesses of perjury: The husband says, these are witnesses that she whored in her father’s house. The father brought witnesses to prove perjury of the husband’s witnesses. Rebbi Yose ben Rebbi Abun said: The father brought witnesses to prove perjury of the husband’s witnesses. And the husband brought witnesses to prove perjury of the father’s witnesses. Some Tannaïm state: “If this was true,” that the father found witnesses to prove perjury of the husband’s witnesses.

6
English · Heinrich W. Guggenheimer

“And they spread out the cloth.” That is all simile. Rebbi Ismael stated: That is one of three verses in the Torah which have been written as simile. “If he gets up and walks outside on his support, the one who hit him is not prosecuted.” Could anybody think that one walks in the market and the other is executed because of him? But what is “on his support”, in his health. “If the sun shone on him, he has blood.” Does the sun shine only on him? But just as the sun is particular that it brings peace to the entire world, so also this one, if one knows that [the other] is at peace with him and he kills him, he is guilty.

7
English · Heinrich W. Guggenheimer

It was stated: Rebbi Eliezer ben Jacob says, the words should be said as they are written. What means “the words should be said as they are written”? Rebbi Yose ben Rebbi Abun said, he is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “They spread the cloth”. Not that “they spread the cloth” but until the things become clear like a cloth. Assi said, “they spread the cloth”, the witnesses are not stoned, nor is the husband flogged and pays 100 tetradrachmas, until they say: you were with us at a certain place, and the husband hired them to testify falsely. If they said, you were with us at a certain place, but they did not say, the husband hired them to testify falsely? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Laqish: It is said here “putting”, it is said there “putting”. Since “putting” there means money, also “putting” here must mean money. But did we not state: He did not say to the witnesses, come and testify in my case, but they came on their own, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses would be stoned’? Because he did not say. But if he said, even if he did not hire them it is as if he hired them. If the father brought two groups of witnesses. One side say, you were with us at a certain place. The other side say, the husband hired them to testify falsely. It is obvious that those who said, you were with us at a certain place, are stoned, and those who said, the husband hired them to testify falsely, are flogged and pay 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said, neither by these not by those are they flogged and pay 100 tetradrachmas, but they are flogged because of “you shall not testify as a false witness against your fellow man.”

8
English · Heinrich W. Guggenheimer

Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If the father brought witnesses to prove the perjury of the husband’s witnesses; but the father’s witnesses were proven perjurers, is he flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? He said to him, if the father’s witnesses are not proven perjurers, is not the husband flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? Rebbi Ze‘ira is of the opinion that there are two different proceedings. Rebbi Jeremiah in the name of Rebbi Abbahu: There is only one proceeding. A baraita disagrees with Rebbi Abbahu: “To the town’s Elders”, that is a court of three members; “to the gate”, that is a court of 23. He explains it following Rebbi Meïr, since Rebbi Meïr says that he is flogged and pays. There, we have stated: “The seducer, the rapist, and the calumniator [are judged] by three [judges], the words of Rebbi Meïr; but the Sages say, the calumniator by 23 since it is a potential capital case.” Rebbi Mana said, they disagree about the preliminarily married adolescent. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned by a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But by the case of the preliminarily married adolescent, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. [It turns out that Rebbi Yose ben Rebbi Abun follows Rebbi Ze‘ira and Rebbi Mana [follows] Rebbi Abbahu].

9
English · Heinrich W. Guggenheimer

The husband is never flogged, nor does he pay 100 tetradrachmas, unless the witnesses are stoned. When is he obligated for the fine? Rebbi Jonah said, at the end. Rebbi Yose said, from the first hour. Rebbi Yose objected to Rebbi Jonah: In your opinion, since you say at the end, can he be flogged and made to pay 100 tetradrachmas by a court of three and the witnesses stoned by a court of 23? Rebbi Mana said, even according to Rebbi Yose one could ask the question following him who holds that perjured witnesses need to be warned. If they did not warn them, is he flogged and made to pay 100 tetradrachmas by a court of three; are the witnesses stoned by a court of 23? Rebbi Abbamari said, who is that who says so?

10
English · Heinrich W. Guggenheimer

Rebbi Yose ben Rebbi Ḥanina: One who rapes or seduces an orphan is free. Rebbi Abba bar Mamal said, this is in dispute; following Rebbi Yose the Galilean. But following Rebbi Aqiba a fine is due, and the fine belongs to herself. Rebbi Yose said, the Mishnah says so: “She has neither a door to her father’s house nor 100 tetradrachmas;” is she not like an orphan? Rebbi Immi and Rebbi Joshua ben Levi both say, one who calumniates an underage girl is free. Rebbi Hoshaiah said, that is correct. If she were an adult who was not warned, would there be any case? And an underage girl who was warned is like an adult who was not warned.

11
English · Heinrich W. Guggenheimer

Rebbi Ze‘ira, Rav Hamnuna in the name of Rav Ada bar Aḥawa: She cannot be executed unless she is an adolescent at the time of the execution. What is the reason? “They shall execute the adolescent at her father’s door.” But did not Rebbi Ḥiyya state: If she whored in her father’s house and [the husband] calumniated her after she became an adult, he is not flogged nor does he pay 100 tetradrachmas but either she or the witnesses are executed by stoning. A Mishnah disagrees with Rav Ada bar Aḥawa: “If he escaped after being sentenced and then his pubic hair grew fully.” There, you can say “they shall execute the adolescent” who whored; can you say here “they shall execute him”, the son?

12
English · Heinrich W. Guggenheimer

It was stated: One stones a preliminarily married adolescent girl who whored at her father’s door. If she does not have a father’s house’s door one stones her where she whored. If it was a Gentile town one stones her at the court’s door. Also, a person who practiced idolatry one stones at the place where he worshipped. If it was a Gentile town one stones him at the court’s door. But did not Rebbi Ḥiyya state: “Take the blasphemer out from the encampment,” this teaches that the court sits inside and the place of stoning is outside. Rebbi Yose said, there is a difference: The place where he went astray is the place where he was found, is the place where he was judged, is the place where he was stoned. “For she did a foul deed in Israel.” This one befouled all of Israel, for she came to whore in her father’s house. The bad growth they grew shall come and foul up them and their growth.

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Jerusalem Talmud Ketubot 4.4English
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Jerusalem Talmud Ketubot 4.40%

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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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