Bartenura on Mishnah Ketubot

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4.3.6
ואין לה פתח בית אביה – as for example, when the father does not have a house.
4.4.1
האב זכאי בבתו – when she is a minor and when she is a young woman (i.e., from age twelve and one-day to twelve and one-half years of age).
4.4.2
בקידושיה בכסף – for the money of her betrothal is his (i.e., the father’s) as it is written concerning the Hebrew maidservant (Exodus 21:11): “she shall go free, without payment,” and we expound, that there is no money to this master, meaning to say to the master who purchased her that she left him gratuitously/for no reason with the signs of young womanhood, but if another master has money and the father appointed him, the money of her betrothal/sanctification is his, eve when she is a young woman until she becomes an adult woman.
4.4.3
בשטר ובביאה – that he receives the betrothal document on her behalf and hands her over for sexual intercourse for the sake of betrothal to whomever he desires, as it is written (Deuteronomy 24:2): “[she leaves his household] and becomes the wife of another man” (Tosafot Yom Tov omits the first part of the Biblical verse); there is an analogy of the word הויות/becomes – to each other just as “money” is one of the הויות/becomes – in the domain of her father, so also the “document” and “sexual intercourse” while she is in the domain of her father.
4.4.4
במציאתה – because of enmity/aversion.
4.4.5
ובמעשה ידיה – as it is written (Exodus 21:7): “When a man sells his daughter as a slave, [she shall not be feed as male slaves are].” Just as a maid servant, her handiwork belongs to her master, also the daughter, her handiwork belongs to her father.
4.4.6
ובהפרת נדריה – as it is written (Numbers 30:17): “[and his daughter] while in her father’s household by reason of her youth.”
4.4.7
ומקבל גיטה – as it is written (Deuteronomy 24;2) “she leaves [his household] and becomes [the wife of another man.” An analogy is made between [“leaving” to “becoming]; just as the father receives her betrothal while she is a minor and during her period as a young woman, so too he receives her bill of divorcement.
4.4.8
ואינו אוכל פירות בחייה – if land fell to her from the house of the father of her mother, her father cannot consume their fruits during her lifetime other than if she dies and he inherits her.
4.4.9
יתר עליו הבעל – for he takes possession of all of what is taught above that the father retains control, and he consumes the fruits of the property that fell to her in inheritance once she married him.
4.4.10
ובפרקונה – if she is taken captive, he is liable to redeem her.
4.4.11
בקבורתה – The Sages established her burial in place of her inheritance for he inherits her if she dies.
4.4.12
משני חלילים – for a eulogy.
4.5.1
לעולם היא ברשות האב – if an Israelite woman is betrothed to a Kohen she does not eat Terumah/priest’s due, and even if the time arrived that they established for marriage and she did not get married, as the husband is liable for her sustenance she cannot eat Terumah.
4.5.2
עד שתכנס לחופה – for the sake of marriage that she will be handed over to the domain of the husband.
4.5.3
שלוחי האב – that the agents of the father ra into the agents of the husband and handed her over to re su
4.6.1
האב אינו חייב במזונות בתו – during his lifetime [the father is not liable for her sustenance], whereas after [his] death, the daughters are supported from his property from the stipulations of the Ketubah (i.e., Jewish marriage contract) [and his daughter] not specifically, for the same law applies to his son, for the father is not liable to support/feed neither his sons nor his daughters when they are minors, but rather, if he is a man believed to be wealthy, meaning to say, that he is a rich man, the Jewish court takes from against his will in the manner that they force all the rest of the people of the city regarding tzedakah/charity and through it they support his minor age sons and daughters, but if he is not believed to be wealthy, the Jewish court shames/reviles him and announces to him that it is cruelty to him if he does not support his children, and that he is worse than the desert creatures who have compassion upon the offspring, ut they cannot compel him on this, whether his children are male or female and especially when the sons are young, but the youngest of the young and they are the least of the children of Shesh, the Jewish court forces the father and removes [funds] from his hand, against his will to support his children who are he smallest of the small, both the boys and the girls.
4.6.2
בכרם – on account that they would sit row by row like a vineyard.
4.6.3
הבנים ירשו והבנות יזונו (see Tractate Bava Batra, Chapter 9, Mishnah 1 and Tractate Ketubot, Chapter 13, Mishnah 3, where this phrase appears as well) – from the provisions of the Ketubah that the male children will inherit the Ketubah of their mother and the female children will be supported from his (i.e., the father’s) property.
4.6.4
מת הבנים – the male [children] die,
4.6.5
[the daughters] do not inherit the Ketubah of their mother, other than after the death of their father;
4.6.6
similarly, the daughters are not supported from the property of the father from the strength of the provisions of the Ketubah other than until after the death of their father.
4.7.1
ולא כתב לה כל נכסים כו' חייב – to make all of his property is a surety to her, and he is not able to say, “you don’t have other than the field that is written to you in your Ketubah.
4.8.1
ובכהנת – for he cannot uphold her [as his wife] once she is taken captive, for the wife of a Kohen is prohibited to her husband once she is raped, he writes to her, “I will redeem you and return you to your country,” and he is obligated to give her the Ketubah settlement and even though that against his will, he needs to divorce her.
4.9.1
אינו רשאי – for he is already obligated to redeem her when she is taken captive.
4.9.2
חייב לרפאותה – for healing is like food/support.
4.9.3
רשאי – for he is not obligated to support/feed his divorced wife.
4.10.1
יתר על חולקיהום דעם אחוהון – if you die during my life and I betroth you, your children will take your Ketubah after my death when they will come to divide my possessions with the children that I will have from another wife, and the practical difference, for example, is that the Ketubah of this one is greater than that of the other wife, or the children of the other wife are more numerous from the children of this one and it is good for these that they will take the Ketubah of their mother and even if the Ketubot are equivalent for there is not written that the male issue collect, other than from the landed properties, but not from movable properties, and especially where the father left a measure of two of the Ketubot and one Dinar more, then the children inherit the Ketubah of male issue since there remains a place for the inheritance of the Torah for after each one of the children will take the Ketubah of his mother, there remains one Dinar to divide and to inherit the property of their father, but if the father did not leave other than according to the measure of two Ketubot or less than this, they divide the property equally and the Ketubah of male issue is not practiced by them.
4.11.1
עד דתתנסבן – until they will become betrothed, and if they became adult women, even though they had not become betrothed, they have no support /food, for we hold that an adult woman has no support.
4.12.1
מיגד אלמנותיך – during your widowhood.
4.12.2
אנשי יהודה כותבין כו' – but the Halakha is not like the men of Judea but rather, all the while that she is not married and she did not claim her Ketubah in the Jewish court, she is supported from her husband and lives in the house that she lived in during the life of her husband, and uses all the utensils that she would use during the life of her husband.
5.1.1
אף על פי. אם רצה להוסיף אפי' מאה אמה יוסיף (this fragment quotes Tractate Ketubot, Chapter 4, Mishnah 7) – and we don’t say that he is not permitted to in order as to not embarrass whomever that lacks it.
5.1.2
שלא כתב לה – the supplement from his knowledge/desire, other than on the condition of marrying her.
5.1.3
והיא כותבת – even though she did not receive [everything], she pardons and writes that she received it.
5.1.4
רמ"א כו' – and the Halakha is according to Rabbi Meir in his decrees (i.e., that a virgin receives two hundred Zuz and a widow receives 100 Maneh or else it is fornication).
5.2.1
נותנין לבתולה – the time to bring her into the canopy from the day that the husband demanded her after he betrothed her to warn her on the mattes the Huppah to prepare her ornaments/possessions.
5.2.2
לפרנס עצמה – with her ornaments/possessions for twelve months, as it is written (Genesis 24:55): “Let the maiden remain with us some days;” And what are “days” – a year, as it is written (Leviticus 25:29): “[If a man sells a dwelling house in a walled city, I may be redeemed until a year has elapsed since its sale;] the redemption period shall be a year.”
5.2.3
לפרנס עצמו – the needs of the meal and the Huppah/marriage.
5.2.4
ולאלמנה שלשים יום – who does not trouble [herself] so much with her ornaments because they are already in her hand.
5.2.5
ולא נשאו – for the owners delay and since the Tanna/teacher in the first segment taught about her, the end of the Mishnah also teaches about her.
5.2.6
ואוכלת בתרומה – if he is a Kohen, and she is an Israelite, that from the time that he betrothed her, she consumes the Terumah/Priest’s due from Torah law, as it is written (Leviticus 22:11): “But a person who is a priest’s property by purchase may eat of them.” And this person who is [the priest’s] property by purchase , but the Rabbis decreed upon an Israelite woman who is betrothed to a Kohen should not consume Terumah as a decree lest he offer her a cup to drink in her father’s house and she will give her some to her brothers and her sisters, and when the time arrives and she hasn’t married, she eats from his food, and does not eat in her father’s house, other than if her husband who is a Kohen designates a place and feeds her there, but there is no further decree lest she provide drink from a cup of Terumah to her brothers or to her sisters.
5.2.8
ר' עקיבא אומר מחצה חולין – to eat during her impurity.
5.3.1
היבם אינו מאכיל בתרומה – while she is a widow waiting for her brother-in-law to marry or reject her, as it is written (Leviticus 22:11): “But a person who is a priest’s property by purchase [may eat of them],” but this is the purchase of his brother.
5.3.2
עשתה ששה חדשים בפני הבעל – from these twelve months that are fixed for her from when the husband makes a claim upon her.
5.3.3
או אפי' כולן בפני הבעל ואחד בפני ביבם – even though that most is in the presence of the husband, inevitably, he is not liable for her support during his life, and the same law applies also if he had been liable during his lifetime, she did not consume once e died, for the property by purchase bursts open, but rather, if all of it was in the presence of the husband, she would consume anyway during his lifetime.
5.3.4
או כולן בפני היבם – and one does not have to say if all of them were in the presence of the levir.
5.3.5
זו נשנה ראשונה – that when the time arrives, she eats priest’s due/Terumah.
5.3.6
אין האשה אוכלת – for we suspect lest there is found in her a defect and she is found to be a foreigner retroactively that his business transaction had been in error. And regarding the “First Mishnah,” lest they find in her a defect and we don’t take into consideration for there is no reason to fear that she would have her brothers and sisters drink it for he sets aside for a place for her; therefore, they permit her to eat Terumah/priest’s due when the time arrives.
5.4.1
הרי זו עושה ואוכלת – for they degreed support in place of the work of her hands/her labor (i.e., her wages), therefore she works and consumes according to the words of everyone.
5.4.2
המותר – he dedicated to the Temple the excess of his wife’s wages, what she does more than what is appropriate for her support and did not dedicate to the Temple her wages themselves.
5.4.3
ר' מאיר אומר הקדש – for he holds that a person who dedicates something [to the Temple] that did not ever exist, and this is not the Halakha, but rather, the Halakha is according to Rabbi Yohanan ben HaSandlar who stated that it is non-holy/unconsecrated, for a person does not dedicate/sanctify something that never existed.
5.5.1
טוחנת – with hand millstones which are small and if they are large millstones, she prepares all the needs of the grinding as for example, she places it in the grain-receiver/hopper and receives the grain.
5.5.2
הכניסה לו שפחה אחת – money or property in order to purchase one maidservant.
5.5.3
יושבת בקתדרא – on a resting/lounge chair and she does not go on his errands to here or there and even though she pours for him the cup [for drinks] and makes the bed for him and washes his face, hands and feet, for these labors, they are not performed by a woman other than his wife alone.
5.5.4
שיעמום – shock/sudden calamity, which is the Aramaic translation of (Deuteronomy 28:28): “and dismay” is and sudden calamity of the heart, and the dispute of Rabbi Eliezer and Rabban Shimon ben Gamaliel regards a woman who is not idle, but rather engages in all sorts of merriment and there is lewdness involved. But there isn’t boredom/shock for there is no boredom but rather with one who sits and gazes/is astonished and is completely idle, and the Halakha is according to Rabbi Eliezer.
5.6.1
המדיר את אשתו מתשמיש המטה – aa for example, that he said: the benefit of your sexual intercourse will be forbidden upon me, but the benefit of my sexual intercourse will be forbidden to you; he is not forbidden for he is subjugated to her, as it is written (Exodus 21:10): “he must not withhold her conjugal rights.”
5.6.2
ב"ש אומרים שתי שבתות – if he took a vow for two weeks, she should wait, for such as we found with a woman who gives birth to a female who is ritually impure for two weeks.
5.6.3
וב"ה אומרים שבת אחת – for such we have found with a menstruant woman who is ritually impure for seven [days] and we learn something that is frequent. The anger [that a person expresses] over his wife and takes a vow concerning her is something that is frequent, [which we learn] from the menstruant woman something that is frequent, to exclude giving birth which is not all that frequent. But the School of Shammai holds that we learn something that he caused to her. The vow of a man which he causes her to wait/delay from giving birth, which is upon his hand comes upon her, to exclude the menstruant woman that of its own comes to her. And more than one week according to the School of Hillel and two weeks according to the School of Shammai, he should divorce [her] and give [her] the Ketubah settlement, and even if he was a camel driver whose period is thirty days or a sailor whose period is sixth months.
5.6.4
התלמידים וכו' שלשים יום – and our Mishnah is according to Rabbi Eliezer and the Rabbis dispute it and state even two or three years, and the Halakha is according to the Sages.
5.6.5
הטיילים – who have no work nor business.
5.6.6
החמרים – who go out to the villages to bring grain.
5.6.7
הגמלים – who bring packages on the camels from a place far away.
5.6.8
הספנים – who go on a voyage to the Great Sea (Mediterranean). He who his beginning was the master of a craft whose period [permitted before he must have sexual relations with his wife] is close and he requested to become the master of a craft whose period is further off, his wife waits for him, except for that of the study of Torah where the woman is unable to wait for her husband who was at leisure ora worker who does not become a Sage.
5.7.1
המורדת – from providing sexual relations, but from work, we force her to do work and we don’t judge her as rebellious.
5.7.2
טרפעיקין – Every half a denar (Quinarius – see Talmud Ketubot 64a) is a weight of forty-eight barley-corns of refined silver according to the weight of three Darkmonim which is called DRAHAS in Arabic, as each Darkmon is sixteen intermediate barley-corns of silver.
5.7.3
עד כנגד כתובתה – and afterwards he gives her a Jewish bill of divorce and she leaves without the Ketubah settlement but he doesn’t restrain her in order to lessen on the property that fell to her from her father’s house and to cause her to lose out.
5.7.4
מוסיפין על כתובתה שלשה דינרים – because of the pain that a difficult man that he is prevented from sexual intercourse more than the pain of his wife. Therefore, when she rebels and causes him pain, we decrease her [Ketubah] by seven Denarim, but when he rebels and causes her pain, we don’t increase [the Ketubah] to her other than by three Denarim, and where she rebels, we state in the Gemara (Talmud Ketubot 63b) took a second note and an announcement regarding her shall be made on four consecutive Sabbaths and that then the court shall send her [the following warning]: ‘Be it known to you that even if your Ketubah is for one hundred Maneh, you have forfeited it.’ The same [law is applicable] to a betrothed or married woman and even to a menstruant [and even to a sick woman] and even to one awaiting the decision of the levir. But prior to the announcement, they inform her that they want to make an announcement about her and after the announcement, they inform her that she has already fulfilled the announcement, and if she stood in her rebellion, she would be divorced without her Ketubah settlement.
5.8.1
המשרה את אשתו על יד שליש – he gives her support through an administrator and does not eat with him (II Kings 6:23): “And he prepared a lavish feast for them [and, after they had eaten and drunk, he let them go, and they returned to their master. And the Aramean bands stopped invading the Land of Israel];” service.
5.8.2
לא יפחות לה – in a week.
5.8.3
לא פסק לה שעורים – double from the wheat, but Rabbi Yishmael, who was near Edom where the barley was the worst.
5.8.4
דבילה – figs that were tread in a circule and sold by weight and not by measure.
5.8.5
מפץ – softer than a matting.
5.8.6
כפה – one veil.
5.8.7
ומנעלים ממועד למועד – new shoes for each of the Three Pilgrimage Festivals.
5.8.8
חדשים – hard for her during the months of sunlight (i.e. heat) because they are hot, and nice for her in the rainy days.
5.8.9
והשחקים שלה – even when he purchases her new ones because she covers herself with them during the days of her menstruation.
5.9.1
נותן לה מעה כסף – in each week for the needs of small things.
5.9.2
ואוכלת עמו ליל שבת – even though that on all the rest of the days [of the week], he can give her support through a third party if he wants, on Friday night, which is the night of conjugal relations, he is obliged to eat with her.
5.9.3
מעשה ידיה – athe excess of her handiwork, meaning to say, what she does greater than her support/food.
5.9.4
שתי – it is hard to wave double of woof and the weight of Judea is double that of the Galilee.
5.9.5
הכל לפי כבודו – and also according to the custom of the country/province.
6.1.1
מציאת האשה. וירושתה – if an inheritance fell to her,
6.1.2
he (i.e., her husband) enjoys the usufruct during her lifetime and the principal is hers.
6.1.3
ופגמה – damages for injury that she has [sustained], the diminution of monies that they assess concerning her – how beautiful she was to sell in the marketplace and how much she is worth currently.
6.1.4
ובזמן שבגלוי – for the shame is his and furthermore, she is repulsive to him and he suffers for her.
6.1.5
ילקח בהן קרקע והוא אוכל פירות – during her lifetime and he principal is her, when he dies or divorces her but if she dies, she inheris it, and the Halakha is according to Rabbi Yehuda.
6.2.1
ומת חתנו – and she fell before the levir [for him to consummate the marriage].
6.2.2
יכול הוא שיאמר – either remove the shoe or fulfill the role of the levir (i.e., marry your sister-in-law), or give what had been decided or let her sit until her head becomes white (i.e., she becomes old), and even though his brother was an ignoramus and he (who had died) was a Sage, he (i.e., the father-in-law) can say – “to your brother, I would want to give [her], but to you, I would not want to give [her].”
6.3.1
והוא פוסק כנגדן ט"ו מנה – they are one thousand Denars [that the woman brings into the marriage], which are ten Maneh, and when the groom comes to accept upon himself and to write in the Ketubah , he writes one third more, which are fifteen Maneh, and if the bride brought in to him discernible Denarim because he profits through them.
6.3.2
וכנגד השום – if she brought in [to the marriage] clothing and ornaments that require estimation, he agrees to restore one-fifth less, so if he brought in an estimated value of one-thousand Zuz, he doesn’t accept upon himself other than eight hundred, for it the manner of those who come to estimate clothing and the property of the bride to estimate them as greater than their worth in honor of the bride and to make her more beloved to her husband.
6.3.3
שום במנה ושוה במנה – meaning to say, if they did not estimate the property of the bride and her adornments other than like they are worth in the marketplace.
6.3.4
אין לי אלא מנה – they should not write into the document of the Ketubah other than a Man as they have estimated.
6.3.5
שום במנה היא נותנת שלשים ואחד סלע ודינר – the estimation that he accepts her for a Maneh that they told him, write “Maneh” in the Ketubah and she shall bring in an estimation of a Maneh. They must place it in the house of the wedding ceremony thirty one Selah and a Sinar which is a Maneh and a fifth larger.
6.3.6
ובארבע מאות – the estimated value that the groom accepts upon himself to write four hundred [in the Ketubah], she gives five hundred according to the valuation of those designated/appointed.
6.3.7
וכשחתן פוסק וכו' – and if they estimated first and she brought in to him whether a small or a large valuation, he writes into the document one-fifth less.
6.5.1
המשיא את היתומה – collectors/managers of charity.
6.5.2
אם יש בכיס – of charity.
6.6.1
מה שראוי ליתן לה – one tenth of the property.
6.6.2
אם השיא – the father, during his lifetime.
6.6.3
[married off the first daughter], he should give, etc. (i.e., to the second what the first received), whether it is less than one tenth or whether it is more. And the Halakha is according to Rabbi Yehuda, for we go after the approximate mental assessment of the father. But if it is impossible to stand by the approximate mental assessment of the father, we give her one-tenth of his possessions as they are found now at the time of her wedding from his immovable (i.e. landed) possessions, but from movable possessions, she does not receive one-tenth. And there are those according to the one who states that in this time, from movable [possessions] she also has one-tenth. But if she married and she did not claim from the heirs, she claims after she got married and we don’t say that she resigned her claim regarding them. And especially, when she was supported from the property of her father but if the heirs stopped from giving her support, [she resigned her claim unless she derived benefit] but if she was an adult woman, she has no support from the property of her father and she resigned her claim regarding the heirs and she is not able to claim further, and even if she was supported from their property.

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