Soncino English Talmud
Ketubot
Daf 97a
who, if he takes them as a gift, has not the same advantage [as if he had taken them for his debt]. In what manner does [a widow] sell [her deceased husband's property] for her maintenance? — R. Daniel son of R. Kattina replied in the name of R. Huna: She sells [portions of it] once in twelve months and the buyer supplies her maintenance [in instalments] once every thirty days. Rab Judah, however, stated: She sells once in six months and the buyer provides her maintenance [in instalments] once every thirty days. It was taught in agreement with R. Huna: [A widow] sells once in twelve months and the buyer supplies her maintenance [in instalments] once every thirty days. It was also taught in agreement with Rab Judah: [A widow] sells once in six months and the buyer provides her maintenance [in instalments] once every thirty days. Amemar said: The law is that [a widow] sells [sufficient land to suffice her] for six months and the buyer provides her maintenance [in instalments] once every thirty days. Said R. Ashi to Amemar: What [about the ruling] of R. Huna? — 'I', the other replied, 'have not heard of it', by which he meant, 'I do not approve of it'. R. Shesheth was asked: May [a widow] who sold [land] for her maintenance subsequently distrain on it for her kethubah? This question was raised on [the basis of a ruling of] R. Joseph who stated, 'If a widow has sold [any of her deceased husband's estate] the responsibility for the indemnity falls upon the orphans, and if the court sold [any such property] the responsibility for the indemnity again falls upon the orphans' What [then, it was asked, is the ruling]? May she, since the responsibility for the indemnity falls upon the orphans, distrain [on the land], or is it possible that [the buyers] may tell her, 'Granted that you have not accepted general responsibility for indemnity, did you not indeed accept responsibility [against distraint] by yourself either?' — You, he replied, have learned it: '[A widow] may continue to sell until [only the estate of] the value of her kethubah [remains], and this is a support to her since she might thus collect her kethubah from the residue'. Thus it may be inferred that only if she left [estate corresponding to the value of her kethubah] may [she collect her kethubah]. but if she did not leave [so much of the estate, she may] not. But is it not possible that he was merely tendering good advice, in order that people might not call her a swindler? — If so, he should have stated, 'She collects her kethubah from the remainder', why [then did he also add,] 'A support to her'? Consequently it must be inferred that only if she left [estate corresponding to the value of her kethubah] may [the widow collect her kethubah], but if she did not leave [so much she may] not. The question was raised: If a man sold [a plot of land] but [on concluding the sale] he was no longer in need of money, may his sale be withdrawn or not? Come and hear: There was a certain man who sold a plot of land to R. Papa because he was in need of money to buy some oxen, and, as eventually he did not need it, R. Papa actually returned the land to him! — [This is no proof since] R. Papa may have acted beyond the strict requirements of the law. Come and hear: There was once a dearth at Nehardea when all the people sold their mansions, but when eventually wheat arrived R. Nahman told them: The law is that the mansions must be returned to their original owners! — There also the sales were made in error since it eventually became known that the ship was waiting in the bays. If that is so, how [explain] what Rami b. Samuel said to R. Nahman, 'If [you rule] thus you will cause them trouble in the future', [whereupon] he replied, 'Is dearth a daily occurrence?' and to which the former retorted, 'Yes, a dearth at Nehardea is indeed a common occurrence'? And the law is that if a man sold [a plot of land] and [on concluding the sale] was no longer in need of money the sale may be withdrawn. MISHNAH. A WIDOW, WHETHER [HER HUSBAND DIED] AFTER [HER] BETROTHAL OR AFTER [HER] MARRIAGE MAY SELL [OF HER DECEASED HUSBAND'S ESTATE] WITHOUT [THE SANCTION OF] BETH DIN. R. SIMEON RULED: [IF HER HUSBAND DIED] AFTER MARRIAGE SHE MAY SELL [OF HIS ESTATE] WITHOUT [THE SANCTION OF] BETH DIN, [BUT IF ONLY] AFTER [HER] BETROTHAL, SHE MAY NOT SELL [ANY OF THE ESTATE] EXCEPT WITH [THE SANCTION OF] BETH DIN, SINCE SHE IS NOT ENTITLED TO MAINTENANCE, AND ONE WHO IS NOT ENTITLED TO MAINTENANCE MAY NOT SELL [SUCH PROPERTY] EXCEPT WITH [THE SANCTION OF] BETH DIN. GEMARA. One can readily see [that the privilege of a woman who was widowed] AFTER MARRIAGE is due to [her immediate need for] maintenance;