Soncino English Talmud
Bava Batra
Daf 145a
'Give me my husband I will rejoice with him'; here also he could say. 'Give me my shoshbin and I will rejoice with him'! — R. Joseph replied: We deal here with a case where he rejoiced with him the seven days of the [wedding] feast but had no opportunity of repaying him before he died. May it be suggested [that the question whether a betrothed woman may advance the plea], 'Give me my husband and I will rejoice with him' [is a matter of dispute between] Tannaim? For it was taught: '[In the case where] a person betrothes a woman, [if] a virgin she is entitled to two hundred [zuz] and [to] a maneh [if] a widow, Where it is the custom to return the [token of] betrothal it [must] be returned; where it is the custom not to return the [token of] betrothal [it is] not [to be] returned; [these are] the words of R. Nathan. R. Judah the Prince said, in truth [the Sages] said: Where it is the custom to return, it [must] be returned; where it is the custom not to return, it [need] not [be] returned'. [Does not] R. Judah the Prince [say exactly the same thing] as the first Tanna: [Must it] not then [be explained] that [the difference] between them lies in [the admissibility of the plea]. 'Give me my husband and I will rejoice with him,' and that there is a lacuna [in the text] which should read thus: '[In the case where] a person betrothes a woman, [if] a virgin she is entitled to two hundred [zuz, and [to] a maneh [if] a widow. This applies only to the case where he has retracted but [if] she died, [the token of betrothal] is to be returned where it is the custom to return; where it is the custom not to return, it [need] not be returned — This, [furthermore.] applies only [to the case] where she died, but [where] he died.it [need] not [be] returned.' What is the reason? Because she can plead. 'Give me my husband and I will rejoice with him' And [with reference to this statement] R. Judah the Prince said 'In truth [the Sages] stated [that] whether he died. or she died. it Is to be returned where it is the custom to return; where it is the custom not to return.it [need] not [be] returned'; and she cannot say, 'Give me my husband and I will rejoice with him'! — No; all [may agree that] she may advance the plea. 'Give me my husband and I will rejoice with him'; and [in the case] where he died no one [in fact] disputes [this]. Their dispute has reference only [to the case] where she died; their [point of) disagreement [centering] here on [the question whether a token of] betrothal is unreturnable. R. Nathan holds the opinion that [a token of] betrothal is not unreturnable, and R. Judah the Prince holds the opinion that [a token of] betrothal is unreturnable. But surely it was taught. 'Where it is the custom to return. it [must] be returned'! — He means this: And [as regards the] gifts. they [must] certainly be returned where it is the custom to return [them]. These Tannaim [differ on the same principle] as the following Tannaim — For it was taught: If one betrothes a woman with a talent, [if] a virgin she is entitled to two hundred [zuz] and [to a] maneh [if] a widow; these are the words.of R. Meir. R. Judah said: A virgin is entitled to two hundred [zuz] and a widow [to] a maneh. and the remainder she returns to him. R. Jose said: [If] he betrothed her with twenty [shekels]. he gives her, [in addition,] thirty halves; [if] he betrothed her with thirty [shekels], he gives her, [in addition], twenty halves. Now, of what case is it spoken here? If it is suggested [of that] where she died; does she, [in such a case, it may be asked]. receive her kethubah. But [in the case] where he died? Why, [it may be argued again.] does she return to him the remainder? Let her advance the plea.'Give me my husband and I will rejoice with him'! If. however, [it be suggested that we deal] with [the case of] the wife of an Israelite who committed adultery, 'then, it may be queried.in what [circumstances. did this happen]? If with [her] consent, does she [in such a case] receive [her]kethubah? And if under duress, she is surely permitted to [continue to live with] him! Hence [the Baraitha] must [deal] with [the case of] the wife of a priest who [committed adultery] under duress and the [point of] disagreement between them is [the question of] whether [a token of] betrothal is unreturnable. R. Meir holds the opinion [that a token of] betrothal is unreturnable; and R. Judah holds the opinion [that a token of betrothal is] not unreturnable, while R. Jose is doubtful [as to] whether it is returnable or not, and, consequently. [if] he betrothed her with twenty [shekels] he gives her, [in addition].thirty halves, [and if] he betrothed her with thirty [shekels] he gives her twenty halves. R. Joseph b. Manyumi said in the name of R. Nahman: Wherever It is the custom to return, it [must] be returned. And the explanation is Nehardea What [is the practice in] the rest of Babylon? — Both Rabbah and R. Joseph stated: Presents are returned; [tokens of] betrothal are not returned. R. Papa said: The law [is that] whether he died or she died or he retracted., presents are to be returned, [tokens of] betrothal are not to be returned. If she retracted, even [tokens of) betrothal [must] also be returned. Amemar said: [A token of] betrothal [must] not be returned. [This is] a preventive measure against the possibility' of assumption that betrothal would take effect in the case of her sister. R. Ashi said: Her bill of divorce [would] prove her [status] But [the statement] of R. Ashi is to be rejected ' for there [may] be some who heard of the one and did not hear of the other. FOR [THE RECIPROCATION OF] WEDDING GIFTS MAY BE CLAIMED THROUGH A COURT OF LAW'. Our Rabbis taught: Five things were said in respect of [reciprocation of a] wedding gift: It may be claimed through a court of law; it is to be reciprocated at its proper time; and it is not subject to [the restrictions of] usury;