Parallel
כתובות 50:2
Soncino English Talmud · Berean Standard Bible
R. Joseph sat before R. Hamnuna while R. Hamnuna was sitting and discoursing: As sons may obtain their inheritance only from landed property so may one's daughters obtain their maintenance only from landed property. All shouted at him: 'Is it only from a man who leaves land that sons inherit while from him who leaves no land his sons do not inherit?' Said R. Joseph to him: Might not the Master have been speaking of the kethubah [that is due to] male children? The other replied: The Master who is a great man understood precisely what I meant. R. Hiyya b. Joseph stated: Rab allowed maintenance [to daughters] from wheat of 'aliyyah. The question was raised: Was [Rab's allowance made for] a marriage outfit, and by 'aliyyah is meant, 'in accordance with her father's generans disposition', [his ruling being] in agreement with that of Samuel who laid down that in respect of marriage outfit the assessment is determined by [the disposition of] the father; or was it rather for actual maintenance, and by 'aliyyah was meant 'in accordance with the chivalrous enactments made in an upper chamber', for R. Isaac b. Joseph stated: In an upper chamber it was enacted that daughters shall be maintained even out of movable property? — Come and hear: R. Benai the brother of R. Hiyya b. Abba had in his possession orphans' movable property, and when [he and the daughters of the deceased] came before Samuel, the latter said to him, 'Go and provide maintenance [for them]'. Does not [maintenance refer] to actual maintenance, he being of the same opinion as R. Isaac b. Joseph? — No; there [the claim] was in respect of marriage outfit, and Samuel [acted] in accordance with his own view, since he laid down that in respect of marriage outfit the assessment is determined by [the disposition of] the father. [Such] a case occurred at Nehardea, and the Nehardean judges issued an order [in favour of the daughters]. At Pumbeditha also R. Hana b. Bizna allowed [daughters] to collect [for their maintenance]. R. Nahman, however, said to them: Proceed to withdraw [your orders], otherwise I shall order the seizure of your mansions. R. Ammi and R. Assi intended to allow maintenance out of movable property. Said R. Jacob b. Idi to them: In a matter concerning which R. Johanan and Resh Lakish hesitated to act would you [venture to] act? R. Eleazar intended to allow maintenance out of movable property. Said R. Simeon b. Eliakim to him: 'Master, I know that in your decision you are not acting on the line of justice but on the line of mercy, but [the possibility ought to be considered that] the students might observe this ruling and fix it as an halachah for future generations'. A similar case was once submitted to R. Joseph. 'Give her', he ordered, 'of the dates that [are spread] on the reed-mat'. Said Abaye to him, 'Even if she were a creditor would the Master have allowed her [a privilege] of such a nature?' — 'What I mean is', the other said to him, '[dates] that are suitable for [spreading on] the reed-mat'.
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