Rabbinic JudaismJerusalem Talmud Ketubot 9.5HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Ketubot 9.5

The Jerusalem Talmud

Jerusalem Talmud Ketubot 9.5

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English · Heinrich W. Guggenheimer

MISHNAH: If he wrote to her: “I have no vow or oath against you,” he cannot make her swear, but he can ask an oath from the heirs or her business associates. “I have no oath against you, or your heirs, or your business associates,” he cannot ask an oath from her, or her heirs, or her business associates, but the heirs can ask an oath from her, or her heirs, or her business associates.

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English · Heinrich W. Guggenheimer

HALAKHAH: “If he wrote to her: “I have no vow or oath against you,” etc. Rebbi Jonah and Rebbi Yose both say, not only about properties over which she exercised control during her husband’s lifetime but even about properties over which she exercised control after her husband’s death are the heirs prevented from making her swear.

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English · Heinrich W. Guggenheimer

There, we have stated: “If somebody leases a cow from another person and lends it to a third party; if it died naturally, the lessee has to swear that it died naturally and the borrower has to pay to the lessee.” Rebbi Hila in the name of Rebbi Yannai: Only if he gave permission to lend to others. Also Rebbi Ḥiyya stated thus: “The borrower cannot lend, nor the lessee lease, nor the borrower lease, nor the lessee lend, nor the trustee give to another unless they received permission from the owners. And all who changed the titles without the owners’ knowledge are liable. But the borrower is liable even if he did not change.” But it is because we stated: “An unpaid watchman can stipulate to be exempt from an oath and the borrower may stipulate that he not have to pay.” This means that even if he stipulated to be exempt that he is obligated. What if he wanted to let the borrower swear? Let us hear from the following: “If he wrote to her: ‘I have no vow or oath against you,’ he cannot make her swear, but he can ask an oath from the heirs or her business associates.” This implies that if he wanted to make the borrower swear, he can force him to swear. The first case teaches about the second and the second about the first. The first case teaches about the second, that if he wanted to make the borrower swear, he can force him to swear. The second case teaches about the first, that if he wants to force the wife to swear, that he can make her swear. Rebbi Ḥanina said, it is not necessary to derive the first case from the second, and what does one learn for the second case from the first? Following what Rebbi Hila said in the name of Rebbi Yannai: Only if he gave permission to lend to others. And here, only if he gave permission to let her sons be stewards. Rebbi Yose said, he has to pay the lease all the time it is leased to him. Rebbi Ze‘ira asked Rebbi Abuna: If the owners borrowed it and it died? He said to him, in that case we say, they ate it. Rebbi Yose bar Abun said, if they ate it, they ate their own property. Rebbi Ze‘ira asked before Rebbi Yasa: How does one act? He said to him, there are two against four; one does not act following the argument. He said to him, they are two against two! Rebbi Eleazar is the elder Rebbi Ḥiyya’s student; Rebbi Joḥanan is Rebbi Yannai’s student.

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Jerusalem Talmud Ketubot 9.5English
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Jerusalem Talmud Ketubot 9.50%

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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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