כתובות 104:1 — Soncino English Talmud

because it was situated on higher ground and its air was salubrious. On the day when Rabbi died the Rabbis decreed a public fast and offered prayers for heavenly mercy. They. furthermore, announced that whoever said that Rabbi was dead would be stabbed with a sword. Rabbi's handmaid ascended the roof and prayed: 'The immortals desire Rabbi [to join them] and the mortals desire Rabbi [to remain with them]; may it be the will [of God] that the mortals may overpower the immortals'. When, however, she saw how often he resorted to the privy, painfully taking off his tefillin and putting them on again, she prayed: 'May it be the will [of the Almighty] that the immortals may overpower the mortals'. As the Rabbis incessantly continued their prayers for [heavenly] mercy she took up a jar and threw it down from the roof to the ground. [For a moment] they ceased praying and the soul of Rabbi departed to its eternal rest. 'Go', said the Rabbis to Bar Kappara, 'and investigate'. He went and, finding that [Rabbi] was dead, he tore his cloak and turned the tear backwards. [On returning to the Rabbis] he began: 'The angels and the mortals have taken hold of the holy ark. The angels overpowered the mortals and the holy ark has been captured'. 'Has he', they asked him, 'gone to his eternal rest?' — 'You', he replied, 'said it; I did not say it'. Rabbi, at the time of his passing, raised his ten fingers towards heaven and said: 'Sovereign of the Universe, it is revealed and known to you that I have laboured in the study of the Torah with my ten fingers and that I did not enjoy [any worldly] benefits even with my little finger. May it be Thy will that there be peace In my [Jast] resting place'. A bath kol echoed, announcing, He shall enter into peace; they shall rest on their beds. [Does not] the context require [the singular pronoun:] 'On thy bed'? This provides support for R. Hiyya b. Gamda. For he stated in the name of R. Jose b. Saul: When a righteous man departs from this world the ministering angels say to the Holy One, blessed be He, 'Sovereign of the Universe, the righteous man So-and-so is coming', and he answers them, 'Let the righteous men come [from their resting places], go forth to meet him, and say to him that he shall enter into peace [and then] they shall rest on their beds'. R. Eleazar stated: When a righteous man departs from the world he is welcomed by three companies of ministering angels. One exclaims, 'Come into peace'; the other exclaims, He who walketh in his uprightness, while the third exclaims, 'He shall enter into peace; they shall rest on their beds'. When a wicked man perishes from the world he is met by three groups of angels of destruction. One announces, 'There is no peace, saith the Lord, unto the wicked'; the other tells him, 'He shall lie down in sorrow', while the third tells him, 'Go down and be thou laid with the uncircumcised'. MISHNAH. SO LONG AS SHE LIVES IN HER FATHER'S HOUSE [A WIDOW] MAY RECOVER HER KETHUBAH AT ANY TIME. AS LONG, HOWEVER, AS SHE LIVES IN HER HUSBAND'S HOUSE SHE MAY RECOVER HER KETHUBAH ONLY WITHIN TWENTY-FIVE YEARS, BECAUSE IN THE COURSE OF TWENTY-FIVE YEARS SHE HAS SUFFICIENT OPPORTUNITIES OF RENDERING FAVOURS CORRESPONDING [IN VALUE TO THE AMOUNT OF] HER KETHUBAH; SO R. MEIR WHO LAID DOWN THE RULING IN THE NAME OF R. SIMEON B. GAMALIEL. THE SAGES, HOWEVER, RULED: SO LONG AS SHE LIVES IN HER HUSBAND'S HO USE [A WIDOW] MAY RECOVER HER KETHUBAH AT ANY TIME, BUT AS LONG AS SHE LIVES IN HER FATHER'S HOUSE SHE MAY RECOVER HER KETHUBAH ONLY WITHIN TWENTY-FIVE YEARS. IF [THE WIDOW] DIED, HER HEIRS MUST MENTION HER KETHUBAH WITHIN TWENTY-FIVE YEARS. GEMARA. Said Abaye to R. Joseph. [Is it logical that] the poorest woman in Israel [should be allowed to recover her kethubah] ONLY WITHIN TWENTY-FIVE YEARS and Martha the daughter of Boethus also ONLY WITHIN TWENTY-FIVE As? — The other replied: In accordance with the camel is the burden. The question was raised: Must she, according to R. Meir, lose in proportion? — This must stand undecided. THE SAGES, HOWEVER, RULED: SO LONG. Said Abaye to R. Joseph: [Is it reasonable that if] she comes before sunset she may recover her kethubah and that [if she came] after sunset she may not recover it? [Is it likely that] she has surrendered it in that short while? — 'Yes', the other replied. 'all the standards of the Sages are such. In [a bath of] forty se'ah [for instance] one may perform ritual immersion; In [a bath of] forty se'ah minus one kortob one may not perform ritual immersion Rab Judah reported in the name of Rab: R. Ishmael son of R. Jose testified in the presence of Rabbi to a statement he made in the name of his father that [the ruling in our Mishnah] was taught only [in respect of a woman] who produces no deed of the kethubah but if she produces the deed of the kethubah she may recover [the amount of] her kethubah at any time. R. Eleazar, however, ruled: Even if she produces the deed of the kethubah she may recover the amount within twenty-five years only. R. Shesheth raised an objection: 'A creditor may recover his debt [at any time]. even if there was no mention of it.' Now, how is this to be understood? If [it refers to a creditor] who holds no bond, whereby [it might be asked] could he recover his debt? Consequently [it must refer to one] who does hold a bond [from which it follows, does It not, that] only a creditor [may recover his due]. because he is not likely to have surrendered his claim, but that a widow [is deemed to have] surrendered? — He raised the objection and he also removed it: This may, in fact, refer to one who holds no bond, but here we are dealing with a case where the debtor admits [his liability]. But, Surely. R. Elai had stated: They taught. 'A divorced woman has the very same rights as a creditor'. Now, how are We to understand [this ruling]? If [it refers to a divorcee] who holds no kethubah, whereby [it might be objected] could she recover her due? Consequently [it must refer to one] who does hold a kethubah, [from which it follows, does it not, that] only a divorcee [may recover her kethubah] because she is not likely to have surrendered it, but that a widow [is deemed to have] surrendered? — Here also [it is a case] where the defendant admits [the claim]. R. Nahman b. Isaac stated: R. Judah b. Kaza learnt in the Baraitha of the school of Bar Kaza, If she claimed her kethubah^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ^ᵃᵖ^ᵃᵠ^ᵃʳ^ᵃˢ^ᵃᵗ^ᵃᵘ^ᵃᵛ^ᵃʷ^ᵃˣ^ᵃʸ^ᵃᶻ^ᵇᵃ^ᵇᵇ^ᵇᶜ^ᵇᵈ^ᵇᵉ^ᵇᶠ^ᵇᵍ^ᵇʰ^ᵇⁱ^ᵇʲ^ᵇᵏ^ᵇˡ^ᵇᵐ^ᵇⁿ

^ᵃnote:Cf. Meg. 60: 'Why was it called Sepphoris ([H])? Because it was perched on the top of a hill like a bird' (rupm 'bird').
^ᵇnote:A famous character, known for her sagacity and learning.
^ᶜnote:Lit., 'those above', 'the angels'.
^ᵈnote:Lit., 'those below', 'lower regions'.
^ᵉnote:He was suffering from acute and painful diarrhoea (cf. B.M. 85a).
^ᶠnote:V. Glos. These must not be worn when the body is not in a state of perfect cleanliness.
^ᵍnote:Lit., 'they were not silent'.
^ʰnote:Lit., 'they remained silent'.
^ⁱnote:Lit., 'rested'.
^ʲnote:Rabbi's condition.
^ᵏnote:[H] lit., 'messengers' (Jast.); cf. BaH. [H]. Aliter; 'God's lions' (Levy).
^ˡnote:[H] (rt. [H] 'to cast'). Aliter; 'The just' (Rashi).
^ᵐnote:Metaph. Rabbi was known as 'our holy teacher'.
^ⁿnote:Lit., 'in an upward direction'.
^ᵒnote:V. Glos.
^ᵖnote:Isa. LVII, 2.
^ᵠnote:In harmony with the first part of the verse. [Strashun amends 'on his bed'].
^ʳnote:The righteous who went out to welcome him.
^ˢnote:Lit., 'go out to meet him'.
^ᵗnote:Var. 'He shall enter' ([H]).
^ᵘnote:Lit., 'and one'.
^ᵛnote:Isa. LVII, 2.
^ʷnote:Lit., 'and one'.
^ˣnote:Lit., 'go out to meet him'.
^ʸnote:Isa. XLVIII, 22.
^ᶻnote:M.T. reads 'Ye' [H]. [This is also the reading of MS.M.].
^ᵃᵃnote:Isa. L, 11.
^ᵃᵇnote:Ezek. XXXII, 19.
^ᵃᶜnote:Who is maintained by her deceased husband's heirs.
^ᵃᵈnote:Lit.,'for ever'.
^ᵃᵉnote:Lit., 'until'.
^ᵃᶠnote:Lit., 'there is (the opportunity)'.
^ᵃᵍnote:At the expense of the heirs who maintain her.
^ᵃʰnote:To neighbours and friends, by giving them small gifts.
^ᵃⁱnote:V. supra note 8.
^ᵃʲnote:Lit., 'for ever'.
^ᵃᵏnote:If a longer period has been allowed to pass she is presumed to have surrendered her claim. Such surrender cannot be assumed In the case of a widow who lives in her late husband's house, since the respect shewn to her by the heirs with whom she lives may well account for her bashfulness to advance a claim which might disturb the cordial relations between them.
^ᵃˡnote:Sc. claim.
^ᵃᵐnote:Of her husband's death. They lose their claim if a longer period has been allowed to lapse.
^ᵃⁿnote:According to R. Meir's ruling in our Mishnah.
^ᵃᵒnote:One of the rich women of Jerusalem in the time of the Titus and Vespasian siege (cf. Git. 56a) whose kethubah amounted to a very high figure.
^ᵃᵖnote:A kethubah like that of the latter, surely. could not be spent in small gifts in the same period as one for the minimum amount of a kethubah.
^ᵃᵠnote:Proverb. The richer the woman the more she may be expected to spend.
^ᵃʳnote:A widow who claimed her kethubah within twenty-five years.
^ᵃˢnote:Sc. one twenty-fifth of her kethubah for each year that she has allowed to pass. Lit.,'divide into three'.
^ᵃᵗnote:Teku v. Glos.
^ᵃᵘnote:V. Glos.
^ᵃᵛnote:Lit., 'which he said'.
^ᵃʷnote:Lit., 'goes out from under her hands'.
^ᵃˣnote:It is held that if she had surrendered her kethubah she would have destroyed the deed or given it up to the heirs.
^ᵃʸnote:For twenty-five years.
^ᵃᶻnote:Who enjoyed the protection of the heirs for all those years and who, furthermore, is not actually 'out of pocket' when her kethubah is surrendered.
^ᵇᵃnote:An objection against R. Eleazar.
^ᵇᵇnote:R. Shesheth.
^ᵇᶜnote:The Baraitha just cited.
^ᵇᵈnote:Lit., 'always'.
^ᵇᵉnote:The inference being: Only a creditor who holds no bond is not presumed to have surrendered his claim but that a widow who holds no kethubah is presumed to have surrendered her claim.
^ᵇᶠnote:In reply to the objection: How could the claim be proved in the absence of a bond?
^ᵇᵍnote:Lit., 'in what?'
^ᵇʰnote:Lit., 'he who is liable'.
^ᵇⁱnote:Cf. supra n. 7.
^ᵇʲnote:The authors of the Baraitha.
^ᵇᵏnote:She may recover her kethubah even after twenty-five years.
^ᵇˡnote:V. supra notes 1 and 2.
^ᵇᵐnote:Sc. that her kethubah had not yet been paid.
^ᵇⁿnote:A widow (cf. supra p. 665, n. 8).