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כתובות 16:2
Soncino English Talmud · Berean Standard Bible
and since this one was not spoken about, [the presumption that she belonged to] the majority has become shaken. — But if [you maintain that] whenever a maiden gets married it is spoken about, [then even] when witnesses come, what of it? They are false witnesses! — But, said Rabina: most marriages of maidens are spoken about, and [in the case of] this one, since it was not spoken about, [the presumption that she — the bride — belonged to] the majority has been shaken. IF THERE ARE WITNESSES THAT SHE WENT OUT WITH A HINUMA, etc. Should we not be afraid that perhaps she might produce witnesses before this court and get [her kethubah] paid and [later] she might produce the written document [of the kethubah] before another court and get [her kethubah] paid [a second time] by that [document]? — R. Abbahu said: This teaches [that] one writes a quittance. R. Papa said: It speaks of a place in which one does not write a kethubah document. Some refer this to the [following] Baraitha: If she lost her kethubah document, or she hid it, or it was burnt, [then the matter is as follows:] if they danced before her, played before her, passed before her the cup of [glad] tidings, or the cloth of virginity [and] if she has witnesses with regard to one of these [things], her kethubah is two hundred [zuz]. Now should we not be afraid that perhaps she might produce witnesses before this court and get [her kethubah] paid and [later] she might produce the written document before another court and get [her kethubah] paid [a second time] by that document? — R. Abbahu said: This teaches [that] one writes a quittance. R. Papa said: It speaks of a place in which one does not write a kethubah document. But does it not say '[if] she lost her kethubah document'? — [It so happened] that he wrote her [one]. But may she not after all produce it and get [her kethubah] paid [a second time] with it! The meaning of 'she lost [it]' is 'she lost [it] in fire.' If so, it is the same as 'it was burnt!' And then, what can you say with regard to 'she hid [it]?' And furthermore, why [mention] 'she lost [it]'? — But [this is what the Baraitha means]: if she lost it, it is as if she had hidden it before us, and we do not give her [the kethubah money] until witnesses say [that] her kethubah document has been burnt. He who refers this to the Baraitha, all the more [does he refer it] to the Mishnah. But he who refers this to our Mishnah [does] not [refer it] to the Baraitha, because of the difficulty. IF THERE ARE WITNESSES, etc. Should we not be afraid that perhaps she might produce witnesses of hinuma before this court and get [her kethubah] paid and [later] she might produce [other] witnesses of hinuma before another court and get [her kethubah] paid [a second time]? — Where it is not possible otherwise, we certainly write a quittance. [It is said above in the Baraitha]: '[If] they passed before her the cup of [glad] tidings.' What is the cup of [glad] tidings? R. Adda the son of Ahaba said: One passes before her a cup of wine of Terumah, as if to say. 'This one is worthy of eating Terumah.' R. Papa demurred to this: Does not a widow eat Terumah? But, said R. Papa [as if to say] 'This one is "first" as Terumah is "first".' It has been taught: R. Judah says: One passes before her a cask of wine. R. Adda the son of Ahaba said: [If she was] a virgin one passes before her a closed one, [and if] she has had intercourse with a man one passes before her an open one. Why? Let us pass [a cask of wine] before a virgin and let us not pass [a cask of wine] at all before one who had intercourse? — [It may happen] some times that she has seized two hundred [so] and [then] says. 'I was a virgin and they did not pass [a cask of wine] before me because they were prevented by an accident.' Our Rabbis taught: How does one dance before the bride? Beth Shammai say:
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