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כתובות 46:2
Soncino English Talmud · Berean Standard Bible
must not the intercourse in both cases be in a natural manner? — The fact, however, is, said R. Kahana in the name of R. Johanan, that the husband is not held guilty unless he had intercourse In a natural manner and he brought up an evil name upon her in respect of a natural intercourse. MISHNAH. A FATHER HAS AUTHORITY OVER HIS DAUGHTER IN RESPECT OF HER BETROTHAL [WHETHER IT WAS EFFECTED] BY MONEY, DEED OR INTERCOURSE; HE IS ENTITLED TO ANYTHING SHE FINDS AND TO HER HANDIWORK; [HE HAS THE RIGHT] OF ANNULLING HER VOWS AND HE RECEIVES HER BILL OF DIVORCE; BUT HE HAS NO USUFRUCT DURING HER LIFETIME. WHEN SHE MARRIES, THE HUSBAND SURPASSES HIM [IN HIS RIGHTS] IN THAT HE HAS USUFRUCT DURING HER LIFETIME, BUT HE IS ALSO UNDER THE OBLIGATION OF MAINTAINING AND RANSOMING HER AND TO PROVIDE FOR HER BURIAL. R. JUDAH RULED: EVEN THE POOREST MAN IN ISRAEL MUST PROVIDE NO LESS THAN TWO FLUTES AND ONE LAMENTING WOMAN. GEMARA. 'BY MONEY'. Whence is this deduced? — Rab Judah replied: Scripture said, Then shall she go ant for nothing without money, [which implies that] this master receives no money but that another master does receive money; and who is he? Her father. But might it not be suggested that it belongs to her? — Since it is her father who contracts her betrothal, as it is written in Scripture, I gave my daughter unto this man, would she take the money! But can it not be suggested that this applies only to a minor who has no legal right [to act on her own behalf], but that a na'arah who has such rights may herself contract her betrothal, and she herself receives the money? — Scripture stated, Being in her youth in her father's house, [implying that] all the advantages of her youth belong to her father. [Consider], however, that which R. Huna said in the name of Rab: 'Whence is it deduced that a daughte handiwork belongs to her father? [From Scripture] where it is said, And if a van sell his daughter to be a maidservant, as the handiwork of a maidservant belongs to her master so does the handiwork of a daughter belong to her father'. Now what need was there, [it may be asked, for this text when] deduction could have been made from [the text of] 'Being in her youth in her father's house'? Consequently [it must be admitted, must it not, that] that text was written in connection only with the annulment of vows? And should you suggest that we might infer this from it, [it could be retorted that] monetary matters cannot be inferred from ritual matters. And should you suggest that we might infer it is from [the law of] fine, [it could be retorted, could it not, that] monetary payments cannot be inferred from fines? And should you suggest that it is might be inferred from [the law of compensation for] indignity and blemish, [it could be retorted] that indignity and blemish are different, since [the rights] of her father [are also, are they not], involved in it? — [This], however, [is the explanation]: It is logical to conclude that when the All-Merciful excluded [another] going out, the exclusion Was meant to be [understood in a manner] similar to the original. But one 'going out', surely, is not like that of the other: For in the case of the master [the maidservant] goes entirely out of his control while in the 'going out' from the control of her father [the daughter's] transfer to the bridal chamber is still lacking? — In respect of the annulment of vows, at any rate, she passes out of his control; for we have learned: In the case of a betrothed damsel it is her father and her husband who jointly annul her vows. DEED OR INTERCOURSE. Whence do we [deduce this]? — Scripture said, And becometh another man's wife is [from which it may be inferred that] the various forms of betrothal are to be compared to one another. HE IS ENTITLED TO ANYTHING SHE FINDS,
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