Bartenura on Mishnah Ketubot

Sefaria · Mishnah > Rishonim on Mishnah > Bartenura > Seder Nashim · 383 sections

1.1.1
בתולה נשאת ליום רביעי – but not on Thursday night, for one would suspect that he would be excited/troubled with the marriage [ceremony] and he would not be able to engage in intercourse.
1.1.2
שמא יש לו טענת בתולים – such that he [i.e., the husband] would say, I engaged in sexual intercourse but I did not find blood; it made no difference whether she was a minor or a young maiden or an adult, or whether I found an absence of virginity [in her]. If she was a minor or a young maiden , but if she was an adult, there can be no claim of the absence of virginity.
1.1.3
ישכים ויבא לב"ד – all the while his anger is upon him, lest he become appeased and be pacified and sustain her and lest she invite unfaithfulness against him and she became forbidden to him. , and the Gemara raises the question , if she should get married on Sunday and if he has a claim [against her] concerning her virginity , he should get up early on Monday morning to go to the Jewish court. And they responded that the Sages were considerate towards the daughters of Israel (in ordaining weddings to be held on the fourth day of the week) that he should be engaged in preparations for the [wedding] meal for three days, Sunday Monday and Tuesday and on Wednesday, he would consummate the marriage. And at a time when the Jewish courts would not be in session on Mondays and Thursdays, a woman may be married on any day, but that he should be engaged in the preparations for the [wedding] meal for three days. And because of the ordinance for the poor, we have the practice in some places to marry on Fridays. And the reason that a widow [would marry] on Thursdays, is because the Sages were considerate towards the daughters of Israel that he should be happy with her for three days: Thurday, Friday and Shabbat. And a person who marries a widow it is prohibited to engage in work for three days, but one who marries a virgin [is prohibited to engage in work] all seven days. And regarding the wedding blessings [in the Birkat HaMazon/the blessing following the meal], it makes no difference whether a young man married a widow or whether a widower married a virgin, we recite the wedding blessings all seven days. But a widower who married a widow, [recites them] one day.
1.2.1
בתולה אלמה גרושה – that is to say, a virgin who is a widow or divorcee or a woman who was released from leviratical marriage [by a halitzah] by the brother of now-deceased betrothed, and she went back and married [another], her Ketubah/marriage contract from the second husband is two hundred [zuz].
1.2.2
ויש לה טענת בתולים – if the second [husband] did not find her to be a virgin, she has lost her Ketubah, for it is a mistaken purchase as there was a presumption of her being a virgin when she married.
1.3.1
שבא על הקטנה – [a minor girl who is] less than three years and one day [old], for her coition is not coition.
1.3.2
וקטן – [a minor boy who is] less than nine [years of age] as his coition is not coition if he engages in sexual relations with an adult women.
1.3.3
ומוכת עץ – if [piece of wood] had been inserted in her at that same place
1.3.4
כתובתן מאתים – it they simply married in an undefined manner
1.3.5
וחכמים אומרים: מוכת עץ כתובתה מנה – And the Halakha is according to the Sages, and even if he did not know her, her Ketubah is a Maneh, and it is not considered an errant purchase.
1.4.1
בתולה שהיא אלמנה או גרושה או חלוצה מן הנשואים – if she went back and got married in an undefined manner, her Ketubah is a Maneh, for she is under the presumption [of being] no longer a virgin, we confirm , when she enters the marriage canopy.
1.5.1
האוכל אצל חמיו ביהודה – When they were making the festive meal [celebrating her] betrothal in the house of the bride’s father in Judea, it was the practice that the betrothing [male] would be alone with his betrothed [female] in order that he may become bold towards her (i.e., become intimate). Therefore, when she gets married after that, there is no claim of [her not being] a virgin.
1.6.1
ונסתחפה שדך – an inundating rain has come upon your field ( which is a euphemism) and ruined it, that is to say, your luck has caused this- and you [must] give me my Ketubah-value.
1.6.2
והיה מקחי מקח טעות – and you don’t have a Ketubah [settlement] from me.
1.6.3
נאמנת – and we make her take an equitable oath (i.e., one who is sued for a debt denies the latter entirely) that such is according to her words and she takes her Ketubah-value. And such is the Halakha. And if she said: “You found me to be a virgin,” she is not believed, but the Rabbis found the husband to be trustworthy and even without an oath, for it is presumption that a husband will not busy himself with the [wedding] meal and cause her a loss.
1.7.1
דרוסת איש – she had sexual relations with a man.
1.7.2
נאמנת – and she does not lose her Ketubah-payment. But nevertheless, if she was the wife of a Kohen and following the time of her betrothal, when she married, he claimed that “you had engaged in sexual relations with a man” we remove her from him, lest after he had betrothed her, she had had sexual relations with [another] man, since he said to her, “you had sexual relations with a man,” she is considered to him as a piece [of meat] that is forbidden, and even if by uncontrollable accident had engaged in sexual relations, we establish for ourselves that if she is the wife of a Kohen who had by uncontrollable accident [had sexual relations with another man], she is forbidden to her husband, and he must divorce her and provide her Ketubah-settlement.
1.8.1
מדברת – engaging in sexual relations with
1.8.2
וכהן הוא – of traceable genealogy, distinguished birth/well-connected
1.8.3
נאמנת – and she is fit to marry into the priesthood.
1.9.1
מה טיבו של עובר זה וכו' – Rabban Gamaliel states that she is to be believed and she and are daughter are fit to [be married into] the priesthood. But [concerning] the matter of inheritance, Rabban Gamaliel did not state that this fetus should inherit him, and the Halakha is according to Rabban Gamaliel in all the sections of our Mishnah. And even so, ab initio, she should not marry into the priesthood – neither one who speaks (i.e., one who has had sexual relationships) with one person and not the pregnant, other than if most of the people of the city are of traceable genealogy and this particular woman was impregnated from one of them who had separated himself outside of the city and had sexual relations [with her], for we say: “whatever comes out of a mixed multitude is presumed to have come from the majority “(i.e., has the legal status of the majority -see Talmud Ketubot 15a and Zevahim 73a), and so, she may marry into the priesthood whether she or her daughter.
1.10.1
אם רוב העיר משיאין לכהונה – Even though that a majority of one in a general way is sufficient, regarding priestly descent is concerned, they put up a higher standard (i.e., made the law more stringent – Talmud Ketubot 13a). And here, the rabbis required a double majority: most of the party [of priests] that pass through the place and most of the people of the city. But, ab initio, we do not marry into the priesthood other than with the double majority – and such is the Halakha.
2.1.1
האשה שנתארמלה או נתגרשה – and she claims her Ketubah.
2.1.2
הוא אומר – it refers to [her stating] “when I was divorced,” for if [it was] “when I was a widow,” the heirs would say, ‘our father married you when you were a widow,” and you have only a Maneh [as the payment for the Ketubah for a non-virgin].
2.1.3
הינומא – there are those who say that it is a canopy of myrtles that they make for virgins and there are those who say that it is a veil that they place on the eyes and she is drowsy in it (see Talmud Ketubot 17b).
2.1.4
וראשה פרוע – her hair is on her shoulder; such was how they would practice to remove the virgins from the home of their fathers to the wedding chamber.
2.1.5
אף חלוק קליות – in the place of Rabbi Yohanan ben Beroka they had the practice to distribute parched corn at the nuptials of virgins and if there weren’t witnesses that they did so at her wedding according to the custom of the nuptials of virgins and the Ketubah/marriage contract was lost, the husband is believed and she doesn’t collect anything other than a Maneh.
2.2.1
ומודה רבי יהושע – even though that above in the first chapter (Mishnah 6), regarding what she says: “after you betrothed me, I was raped,” Rabbi Yehoshua disputes Rabban Gamaliel and states, “we do not believe the woman.” In what she said: “after you betrothed me, I was raped,” and she disqualifies herself from [being able to marry into] the priesthood through “Miggo”-the legal rule according to which the deponent’s statement is accepted as true on the ground that, if he (or she) had intended to tell a lie, he/she might have invented one more advantageous to his/her case (see Talmud Ketubot 16a), for if she had wanted, she could have stated, “I was one who lost my hymen through an accidental lesion and was fit [to being able to marry into] the priesthood. These words [apply] where there is [a case] of prohibition or permission to prohibit [her to marry into] the priesthood or to validate it – in this Rabbi Yehoshua disputes Rabban Gamaliel and states that we don’t believe her through “Miggo,” but where there isn’t a case of prohibition and permission other than money at stake/eventual loss (see Talmud Ketubot 23b) such as, for example, where a person says to his fellow: “this field was your father’s, and I purchased it from him,” Rabbi Yehoshua agrees with Rabban Gamaliel that in a case like this, we believe him through “Miggo,” for if he had wanted, he could have said, “it is mine,” and when he said, “this field was your father’s, and I purchased it from him,” he Is believed.
2.2.2
ואם יש עדים שהיא של אביו אינו נאמן – In the Gemara (Talmud Ketubot 17b) it explains that this Mishnah comes to inform us as for example, that he did not consume other than two years in the presence of the father and one year in the presence of the son, since he did not pay him three years of legal claim of undisturbed possession during a legally fixed period in the lifetime of the father, the year that he ate in the presence of the son does not count for him for the count of the years of presumptive ownership.
2.3.1
אנוסים היינו – compulsion at the pain of death lest he kill him, but compulsion of money, lest he take his money [from him] and all the more so, if he said to him: “for most of the money that he gave us,” they are not believed, for no one incriminates himself (i.e., his testimony against himself has no legal effect), for a person is close to himself, and is not believed about himself, neither for acquittal nor for conviction. And similarly, those who are ineligible for testimony, which is on account of nearness but on account of transgression, they are not believed.
2.3.2
יוצא ממקום אחר – inscribed in another document that is in the possession of the Jewish court , and this same document came before us with this one and the writing of the signatories are similar one to the other.
2.4.1
הרי אלו נאמנים – for surely there are two witnesses on all of the handwritings.
2.4.2
צריכים לצרף עמהם אחר – that on their own signatures they testify, not on the Maneh/monetary portion (the weight of gold or silver equal to one hundred common or fifty sacred shekels) in the document , and they require two witnesses for each handwriting.
2.4.3
וחכ"א אומרים אינם צריכין לצרף עמהם חר – that on the Maneh/monetary portion in the document they are testifying and when this one says, “this is my signature,” and the other [witness] says, “this is my signature,” it is found that there are two witnesses for the monetary amount in the document and the Halakha is according to the Sages.
2.5.1
אם שנשאת – she did not actually get married, but rather, when they permitted her to get married, witnesses came that she had been taken captive,
2.5.2
she should not go forth (i.e., leave through divorce) from her first permission [to marry] and she should marry ab initio, but if witnesses came that she had been defiled, even if she had several children, she should go forth (i.e., leave the marriage).
2.6.1
שתי נשים שנשבו – that there are witnesses that they were taken captive.
2.6.2
שמעידות זו את זו – each one of them says, “my companion is pure.”
2.6.3
הרי אלו נאמנות – for with a captive woman, they were lenient to declare fit one witness, and even a slave and even a woman and even a minor who makes a statement in ignorance of its legal bearing, and as long as the witness testifies that he did not leave from her from the time that she was taken captive until the time that she left from the domain of the heathens (see also Tractate Yevamot, Chapter 16, Mishnah 7 and more crucially, the earliest of Mishnah texts, Tractate Eduyot, Chapter 6, Mishnah 1, especially the words of Rabbi Yehuda ben Baba).
2.7.1
אינן נאמנים – to give to them Terumah/priest’s due.
2.7.2
ובזמן שהן מעידין זה על זה – for each one says, “I and my colleague is a Kohen.”
2.8.1
ר' יהודה אומר אין מעלין לכהונה ע"פ עד אחד – even where there are not [witnesses] repaying each other (with mutual recommendations), and all the more so here, where one can be suspicious of repaying each other: “you testify about me and I [will testify] about you.”
2.8.2
עוררין – that they call upon him a name of disqualification, but there is no contesting the legitimacy of a person with less than two [people].
2.8.3
מעלין – where there aren’t [witnesses] repaying each other (with mutual recommendations), which is exactly what is between Rabbi Eliezer and the first Tanna/teacher of Rabbi Yehuda.
2.8.4
רשב"ג אומר מעלין לכהונה – In the Gemara (Tractate Ketubot 26a-26b) an objection is raised: Rabban Shimon ben Gamaliel is identical with Rabbi Eliezer and brings up that they disagree on whether they combine for testimony, such as the example that we treat here a case where the father of this [person] is a Kohen, and a rumor came out concerning him that he is the son of a divorced woman or a the son of a halutzah (where she removed the shoe of her dead husband’s brother who refused to leviratical marriage, and they put him down (from the status of priesthood) and one witness came and testified, “I know that he is a Kohen,” and they raised him [again] and [then] came two [other witnesses] and said [that] “he is the son of a divorced woman or the son of halutzah,” and they put him down [again] and [then] one witness came and said: “I know that he is a Kohen,” Rabban Shimon ben Gamaliel says that they raise him to the priesthood on [the testimony] of this last witness because they combine him with the first witness whose “voice” was voided, and who stated: “I know that he is a Kohen,” and even though they did not make their testimonies at the same time, their testimony combines and we state, we establish these two [witnesses] who stated that he is a Kohen with those two [witnesses] who stated that he is a the son of a divorced woman or the son of a halutzah, and we establish a person with his legal presumption, but for Rabbi Eliezer, we don’t raise him up until two witnesses will testify at the same time that he is a Kohen, but the Halakah is according to Rabban Shimon ben Gamaliel that the witnesses combine, even though they did not testify as one.
2.9.1
ע"י ממון מותרת לבעלה – for they are afraid of losing their money and don’t make it ownerless, and especially when the hand of the Israelites is strong over the idolaters, then she is permitted [to return] to her husband, even if her husband is a Kohen and it is not similar to a woman taken captive because they are frightened to lose their money, but when the hand of the idolaters is stronger, even through the case of money, she is prohibited to her husband if her husband is a Kohen, but if her husband is an Israelite, she is permitted in all matters, for the wife of an Israelite who meets with an accident is permitted to her husband.
2.9.3
כרכום – Aramaic translation is works of siege.
2.9.4
פסולות – they are prohibited to [marry] a Kohen for the wife of a Kohen is prohibited when she meets with an accident and if there is in the city a hiding place (see Tractate Ketubot 27a) that one woman can hide there, each one of the women of that city are believe to state, “I was hidden and I was not defiled,” and since she is able to say, “I was hidden,” she is believed; also when she stated: “I was not hidden and I was not defiled.”
2.9.5
המעון הזה – it is an oath.
2.9.6
אין אדם מעיד ע"י עצמו – and if a man testified about a woman taken captive that she is ritually pure, he should not marry her if he is a Kohen because of the suspicion and if he redeemed her from prison with his money, he may testify on her behalf and marries her for a person does not throw money at random (unless sure that there is no legal impediment to marrying the woman whom he is about to redeem)and if he did not known that she is pure, he would not give his money for her.
2.10.1
זה כתב ידו של אבא – and they confirm the document on his word for the substantiation of documents, according to the Rabbis, and the Rabbis affirmed what the Rabbis established.
2.10.2
שיצתה בהינומא וראשה פרוע – and she takes her Ketubah of two hundred [zuz] and even though they do not release money other than through clear testimony, it is different here, for most of the women are married as virgins, it is revealed as something general.
2.10.3
ושהיה איש פלוני יוצא מבית הספר – when we were studying as school children,
2.10.4
to eat Terumah and through this testimony, we feed Terumah of the Rabbis to him, such as for example Terumah/priest’s due that we remove from a pot without holes and things similar to it, but Terumah, according to the Torah, we don’t feed him through testimony such as this, and we do not suspect lest he ws the servant of a Kohen, for it is prohibited to teach the slave Torah.
2.10.5
ושהיה חולק עמנו על הגורן – and we do not suspect lest he was the servant of Kohen, for we do not distribute Terumah to a slave other than if his master is with him.
2.10.6
ושהמקום הזה בית הפרס – A person who plows the grave makes a a field of a square P’ras, declared unclean on account of crushed bones carried over it from a ploughed grave which is one hundred cubits for this is what they measured that the plough drags the bones of the dead and the defilement of the field of a square P’ras according to the Rabbis.
2.10.7
ועד כאן היינו באין בשבת – the Rabbinic Sabbath limits.
2.10.8
מעמד ומספד – a place which he had herei. to eulogize his dead and to make the “standing up and sitting down” (i.e., the halting of the funeral escort on returning from burial for lamentation or consolation) which they would do for the dead, in this he Is not believed, which is a monetary matter, and which requires complete testimony.
3.1.1
אלו נערות – for even though they are ineligible/invalid [as marriageable parners], they are assessed a fine. If a man perpetrated violence against one of them, he gives to her father fifty silver [coins].
3.1.2
הנתינה – from the Gibeonites and on account that Joshua made them choppers of wood and water carriers, they are called Netinim, and they forbidden to enter into the community [of Israel].
3.1.3
על הכותית – This Tanna/teacher holds that Kutim are “lion-proselytes,” (i.e., proselytes from mere fear, with reference to II Kings 17:25) and are considered as heathens.
3.1.4
פחותות מבת שלש שנים – that is they have the legal presumption of being virgins, even though they had intercourse during captivity or while in a gentile status, their virginity returns.
3.1.5
ועל אשת אחיו ועל אשת אחי אביו – that she was betrothed to one of them or divorced from betrothal, and she was still a virgin.
3.1.6
שאע"פ הן בהכרת אין בהן מיתת ב"ד – and extirpation does not exempt from payment/indemnity, and these words [apply] where there had been no warning but if they ad been warning, one is exempt from the fine, for hold that those who are liable for extirpation who had been warned are flogged, for no one is flogged and pays a fine.
3.2.1
יתריות על בנות שלש שנים – for since they are appropriate for coition with the legal presumption that they are ownerless, and they had intercourse in their gentile status, and the captive woman while she is in her captivity.
3.2.2
הרי היא בקדושתה – and she is not in the legal status of one no longer a virgin even though she had been taken captive while she was an adult, but the Halakha is not according to Rabbi Yehuda.
3.2.3
ולא יהיה און ענוש יענש – surely if there will be an accident with one of these two people who are arguing that one of them was killed , the person who killed is not punished monetarily for he is liable death penalty by the Jewish court because they killed this one, there is no difference regarding the sin which makes one liable for death by the Jewish court whether inadvertently or willfully, is always exempt from payment/indemnity, but concerning a transgression where one is liable for extirpation through it, or stripes/flogging, he is not exempt from payment/indemnity until there will be witnesses and warning and he will be flogged and then does not pay.
3.3.1
רבי יוסי הגלילי אומר אין לה קנס – as the Biblical verse states (Deuteronomy 22:28): “[If a man comes upon a virgin] who is not engaged [and seizes her and lies with her, and they are discovered],” but if she is engaged one time, furthermore, there is no indemnity.
3.3.2
רבי עקיבא אומר יש לה קנס וקנסה לעצמה – since we expound upon “who is not engaged” (Deuteronomy 22:28) to her father, but she is engaged to herself, and the Halakha is according to Rabbi Akiva.
3.4.1
האונס נותן את הצער – someone who had intercourse by compulsion is not the same as someone who had intercourse willingly, and the seduced woman does not have pain, for regarding ‘’suffering,” in the Torah concerning compulsion, but “suffering” is not stated regarding a seduced woman.
3.4.2
והאונס נותן מיד – to her father, even though he married her/consummated a marriage by conducting a woman to his house.
3.4.3
לכיוציא – meaning to say that if he will not marry her/consummate a marriage by conducting a woman to his house, for if he does not marry [her], he doesn’t pay the fine, as it is written (Exodus 22:15): “[If a man seduces a virgin for whom the bride-price has not been paid, and lies with her] he must make her his wife by payment of the bride-price,” and “if her father refuses [to give her to him], he must weigh out the silver [in accordance with the bride-price for virgins]” (Exodus 22:16); but concerning the rape, it is written (Deuteronomy 22:29): “[the man who lay with her] shall pay the girl’s father fifty [shekels of] silver and she shall be his wife.”
3.4.4
שותה בעציצו – in a despised utensil that he chose for It, meaning to say, he is forced to marry her.
3.5.1
מוכת שחין – a leprous woman.
3.6.1
יתומה שנתארסה ונתגרשה האונס חייב והמפתה פטור – for since she is an orphan and her fine is hers, the logical support is towards him, for of her own free will she was seduced to him and he is exempt. But not only an orphan, but rather, any young woman who was betrothed and divorced, the rapist is liable and the seducer is exempt like the orphan-girl, for the fine is for herself, as is stated by Rabbi Akiva above (in Mishnah 3 of this chapter) and such is the Halakha.
3.7.1
הכל לפי המבייש – an average person who shames, his shame is harder than a despised person and/or from an important person. This is what I found in the explanations of my teachers. But in the [eight chapter of Bava Kamma], the Chapter of החובל /One who causes injury, I found that a simple person who is shamed, his shame is greater, and this is the essence (see the statement in Tractate Bava Kamma, Chapter 8, Mishnah 6: זה הכלל: הכל לפי כבודו – This is the general principle: Everything is according to one’s station/status).
3.7.2
והמתבייש – according to his importance is his shame.
3.7.3
כאילו היא שפחה – we appraise how much a man wants to give whether for a virgin maidservant or for a maidservant who has had intercourse to marry her to his servant whose master has satisfaction from him. And in the Gemara (Tractate Ketubot 40b) raises a question: from where [in the Torah] do we learn that he pays for shame, and damage and pain? I would say that the All-Merciful said (Deuteronomy 22:29): “fifty [shekels of] silver,” to all the words and he answers, Scripture states (Deuteronomy 22:29): “The man who lay her shall pay the girl’s father fifty [shekels of] silver,[and she shall be his wife].” The pleasure of lying is separate, the fifty [shekels of] silver is outside of the shame and the damage and the pain.
3.8.1
כל מקום שיש מכר – to the father regarding his daughter, that is, while she is in her youth, he has no fine in regard to her, for there is no fine for a minor. But the Halakha is not like this Mishnah, for this Mishnah is according to Rabbi Meir who states that a minor girl has no fine, but the Sages state that a minor girl has a fine. And a minor girl in this regard is someone from age three until age twelve years and one day who brings forth two [pubic] hairs.
3.8.2
וכל מקום שיש קנס – when she is a young woman and this is when she is from twelve years and one day old and she brought forth two [pubic] hairs – like this she has a fine.
3.8.3
אין מכר – for a man does not sell her daughter when she is a young woman.
3.8.4
הבוגרת – from twelve years of age and six months and one day, and she has brought forth two [pubic] hairs, she is what is called a mature woman and her father cannot sell her and she does not have a fine.
3.9.1
האומר פתיתי את בתו של פלוני – needless to say the person who states I raped [her], that he does not damage her so much for there is no such great evil talk of an outraged woman (i.e., who had been raped) for it is self-evident that he pays shame and damages by his own testimony [but rather] even a person who says, “I seduced [her], causes her greater damage for the evil talk of a seduced woman is greater, and you might think I would say that we don’t believe him to attach merit to the evil report, it comes to teach us that it is beneficial to her for herself to attach merit to the evil report in order to profit from the money
3.9.2
ואינו משלם קנס – for he admits that with regard to a fine, he is exempt, as Scripture states (Exodus 22:8): “He whom God declares guilty [shall pay double to the other],” except for one who accuses himself (see Talmud Bava Kamma 64b).
3.9.3
המית שורי את פלוני – and behold I am liable for indemnity through his own [testimony], for he holds that the fine is an indemnification.
3.9.4
עבדו של פלוני – and behold I am liable thirty Selah, he is exempt, for they are a fine and even if it is not worth a Selah, he gives thirty [Selaim].
4.1.1
נערה: והצער בתפוסה – and the “pain” also goes to her father with someone who was raped.
4.1.2
מת האב – from when she stood in court during her being a young woman, whether she became an adult prior to [her father’s] death or whether she had not become a young man, they belong to the brothers, for since he stood before the court, the father took possession.
4.1.3
לא הספיק לעמוד בדין וכו' – since he did not stand before the court, it is not his money to bequeath to his sons.
4.1.4
רבי שמעון אומר – even though he stood in court, it is not the money of the father to bequeath to his sons until it reaches his hand, as it is written (Deuteronomy 22:29): The man who lay with her shall pay the girls father fifty [shekels of] silver.” The Torah did not cause the father to take possession until the time of the giving [of the money], but the Halakha is not according to Rabbi Shimon.
4.1.5
מעשה ידיה – that she did during the life of her father, even though she had no collected, [such as, for example], the salary/reward for work.
4.1.6
ומציאתה – In the Gemara (Tractate Ketubot 43a), it raises the question: “from whom is she to collect anything she finds?” And it responds as such: this is what he said: her handiwork is like anything she finds. Just as whatever she finds during the lifetime of her father belongs to her father, and after the death of her father is hers, meaning to say, that the brothers do not take possession of what the daughter has found after the death of the father, so too her handiwork [earned] during the lifetime of her father, belongs to the father and the brothers took possession of it [after their father’s death], even though she did not collect the earnings of her labor, but her handiwork that comes after the death of the father is hers, and the brothers do not have possession of the handiwork of the daughter who performs it after the death of the father.
4.2.1
כתובתה של אב – Her Ketubah which she collects from these years of betrothal, and he (i.e., the anonymous Tanna/teacher of the Mishnah) holds that there is a Ketubah for a betrothed woman, and in the days of her being a young woman (i.e., ages 12-12 ½) and a minor girl is stated.
4.2.2
כתובתה שלה – from when he (i.e., the father) married her off, his control has no legal effect and we follow after the collection and collection after this is what [occurs] and we don’t follow after the writing, to state that since, the first was written while she was under the control of her father, it should be for the father.
4.2.3
הראשונה של אב – for Rabbi Yehuda holds that we follow after the writing, and since the first Ketubah was written before the marriages while the daughter was under the control of the father, it belongs to the father, but the Halakha is not according to Rabbi Yehuda.
4.3.1
וזנתה – [she fornicated] from the betrothal and she is a young woman.
4.3.2
הרי זו בחנק – and even she converted younger than the age of three years, for she is in the status of a virgin, for when it is written [in the Torah] regarding [the penalty of] stoning, it is written with regard to an engaged young woman, with the daughter of an Israelite, as it is written (Deuteronomy 22:21): “for she did a shameful thing in Israel, [committing fornication while under her father’s authority].”
4.3.3
ולא מאה סלע – for if the husband was found to be lying, for the entire portion is written with regard to an Israelite (and not a convert).
4.3.4
ולידתה בקדושה ה"ז סקילה – as Scripture states (Deuteronomy 22:21): “[and the men of the town] shall stone her to death,” for it does not need to say, “that she dies,” but rather, to include her conception that was not in a state of sanctity; but however, for a fine, we don’t include her, since for death she is included, but not for a fine.
4.3.5
יש לה אב – we are speaking about an Israelite woman.

Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org/ Licence: CC-BY. Source.