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The Jerusalem TalmudJerusalem Talmud Ketubot 9.1

The Jerusalem Talmud

Jerusalem Talmud Ketubot 9.1

1
English · Heinrich W. Guggenheimer

MISHNAH: If somebody writes to his wife: “I shall have nothing to do with your properties,” he receives their revenues and if she should die, he inherits from her. In this case, why did he write “I shall have nothing to do with your properties”? If she sold or gave away, it is valid. If he wrote to her: “I shall have nothing to do with your properties, nor with their revenues,” he does not receive their revenues during her lifetime but if she should die, he inherits from her. Rebbi Jehudah says, he continues to receive the investment results of her revenues unless he writes: “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues, without limits.” If he wrote “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues during your lifetime and after your death,” he does not receive the revenues during her lifetime and does not inherit from her after her death. Rabban Simeon ben Gamliel says, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “If somebody writes to his wife: “I shall have nothing to do with your properties,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: If he did not take her in. But if he took her in, nobody can lose his rights by these expressions. Rebbi Yose ben Rebbi Abun said, this is the word of Rebbi Ḥiyya: He who says that “my hands are removed from this field, my feet are removed from this field,” did not say anything. Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: Does a Mishnah imply that nobody can lose his rights by these expressions? Did we not state there: “If somebody was married to two wives when he sold a field and the first one wrote for the buyer: I have no claims on you, the second one can take it away from the buyer’s hands,” this implies, not the first one. He said to him, that text itself implies that nobody can lose his rights by these expressions, but here the second wife cannot take anything away from the first, and why can the first one not take it away from the buyer’s hands? For she writes to him: For any complaint I shall have regarding this field, I shall have nothing against you.

3
English · Heinrich W. Guggenheimer

If he wrote for her and she wrote for him. Just as he did not lose his rights so she did not lose her rights. If he wrote to her “from preliminary and definitive marriage”, that is the disagreement between the Houses of Shammai and Hillel. In the opinion of the House of Shammai she shall sell; in the opinion of the House of Hillel she should not sell.

4
English · Heinrich W. Guggenheimer

Rebbi Jeremiah asked before Rebbi Ze‘ira: If he wrote to her: “I shall have nothing to do with your properties,” and she inherited properties afterwards, what is the rule? Can a person put a condition on something not in existence? Rebbi Abun bar Ḥiyya said before Rebbi Ze‘ira: From his rights you can infer his obligations. If he had not written to her, would it make any difference, would he not receive its yield? That means, from his rights you can infer his obligations. Rebbi Levi bar Ḥaita asked: If he wrote to her: “I shall have nothing to do with your properties which you shall inherit in the future,” what is the rule? Can a person put a condition on something not in existence?

5
English · Heinrich W. Guggenheimer

If she sold produce connected to the ground: Rav Aḥa said, as if she sold harvested [produce]; Rebbi Yose said, as if she sold a tenth of the ground. Rebbi Ze‘ira, Rav Jehudah in the name of Rav: If somebody writes a field over to his wife, she cannot sell the produce. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Rebbi Immi asked: If another person had written [real estate] over to her, would he not receive the revenue? If he himself wrote, not so much more! He said only “wrote over”, but not “sold”. What is the difference between one who writes and one who sells? He tried to find a reason to hide food from the wife.

6
English · Heinrich W. Guggenheimer

It is reasonable according to Rebbi Jehudah, if he wrote: “I shall have nothing to do with your properties and the revenues,” that he cannot take the revenues. Even if he wrote: “I shall have nothing to do with this field and its yield,” he cannot eat its yield. It is reasonable according to the rabbis; if he wrote: “I shall have nothing to do with this field and its yield,” can he eat its yield? Even if he wrote, “I shall have nothing to do with your properties and its yields,” can he eat its yield? Let us hear from the following, as Rebbi Ze‘ira, Rav Jehudah said in the name of Rav: If somebody writes a field over to his wife, he has no right to its yield. Rebbi Ze‘ira said, a baraita says so “What are revenues derived from revenues? He sells the produce, buys real estate, and eats its revenue.” Since he wrote, “I shall have nothing to do with your properties and their yields,” is that not as if he wrote a field over to his wife, and you say, he has neither revenue nor revenue from revenue! That means, there is no difference in the opinion of Rebbi Jehudah whether he wrote “I shall have nothing to do with this field and its yield,” or he wrote “I shall have nothing to do with your properties and their revenues,” he cannot take any revenue. Similarly, for the rabbis it makes no difference whether he wrote “I shall have nothing to do with your properties and their revenues,” or he wrote “I shall have nothing to do with this field and its yield,” he can take its yield.

7
English · Heinrich W. Guggenheimer

Rav Jeremiah in the name of Rav: Practice follows Rabban Simeon ben Gamliel, but not in the matter of words. Practice follows Rabban Simeon ben Gamliel for he said, if she dies he inherits from her, but in matters of words, “since he made a condition contradicting what is written in the Torah, and anybody’s condition contradicting what is written in the Torah is invalid,” in personal matters. But in money matters, one’s stipulations are valid and that is a money matter! Why did we say that the condition is invalid? Because in the end he acquired it. Rebbi Immi in the name of Rebbi Joḥanan: The law should have been that if she sold or gave it away it should be valid, for [the buyer] acquired it. Why did they say it is invalid? That a wife should not sell her husband’s property and say, it is mine.

8
English · Heinrich W. Guggenheimer

Rebbi Justinus had a case and he asked the rabbis who told him, leave you properties. He asked Rebbi Simeon ben Laqish, who told him, enter your properties. Rebbi Jeremiah asked before Rebbi Ze‘ira: Who are those rabbis? What about Rav, Rebbi Joḥanan, and Rebbi Simeon ben Laqish? He said to him, Rebbi Justinus’s rabbis.

9
English · Heinrich W. Guggenheimer

They asked before Rebbi Joḥanan: Following the Sages, if she died who inherits from her? Those, her brothers, inherit from her.

10
English · Heinrich W. Guggenheimer

Rebbi Jeremiah asked before Rebbi Ze‘ira: If the brothers divided [the inheritance], the widow is supported by them. For you should not say, they should be considered as if they had sold the properties and the widow would not be supported by these, since it is obvious that if they sold, they sold their own property.

11
English · Heinrich W. Guggenheimer

Rebbi Ze‘ira asked before Rebbi Abbahu: It is written: “If the Jubilee will happen for the Children of Israel.” If the institution of the Jubilee exists, inheritances return; if the institution of the Jubilee does not exist, inheritances do not return. It is the opposite way, it comes to tell you that even if the institution of the Jubilee exists and inheritances return, inheritance by biblical law does not return!

12
English · Heinrich W. Guggenheimer

Rebbi Hillel bar Pazi asked before Rebbi Yose: If he sold and then she died? He said to him, his sale is invalid; it is as if a son sold during his father’s lifetime and then the father died. If she sold and then he died? He said to him, her sale is valid; it is as if a father sold during his son’s lifetime and then the son died. Rebbi Ḥiyya bar Marius asked before Rebbi Jonah: What is the situation if she sold to her husband? He said, since Ḥizqiah said, practice follows Rebbi Judah, this implies that her sale is a sale. It was stated: “If somebody says, my property should be given to X, if X died to Y, [if Y died to Z]. If the first one died the properties should be given to the second, if the second died they should be given to the third. If the second one died during the first’s lifetime; since the second never acquired them, the third cannot acquire them.” He said to him, so did Rebbi Hoshaia, the father of the Mishnah, explain: After him to X, after him to Y; it is as if stated: if the third died during the second’s lifetime, since the second one did not acquire his heirs cannot acquire, one really could say: After him to X, after him to Y. It was stated: “Rebbi says, the first one may sell the real estate and buy movables. Rabban Simeon ben Gamliel says, he has only the usufruct.” Ḥizqiah said, practice follows Rebbi. Rebbi Mana said, since Ḥizqiah said, practice follows Rebbi, that implies that he cannot dispose of it by a death-bed will. So said Rebbi Mana before Rebbi Yose: Since this woman’s upkeep is her husband’s responsibility, is it not like a gift of sick persons? He said to him, her upkeep is what is necessary for her: food, oil, and salt. But she wants to sell and buy chickens. This means that if the first one wanted to sell and buy chickens, he may sell. Rebbi Jacob bar Aḥa said, her burial is equal to her upkeep. Since you said there, he may sell real estate and buy food, so he may sell real estate and buy a burial.

13
English · Heinrich W. Guggenheimer

Rebbi Yose said: Those who write “if she should die childless, her property should return to her father’s family” write a monetary condition which is a valid condition.

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Jerusalem Talmud Ketubot 9.1English
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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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