Monday, August 29, 2022

One sharp bride TB Ketubot 54

The estate was required to provide sustenance for the widow. Nevertheless, there was a time limit to which an estate had to provide such sustenance for the widow. Who could determine when the estate had to stop providing substance? Was it the widow herself when she went to court and claimed her ketubah sum or was it the estate who said enough, dayenu “Here’s your ketubah”.

 Well the Mishnah on TB Ketubot 52b describes two opposing traditions. “Similarly, if he omitted from the marriage contract the clause: You will sit in my house and be sustained from my property all the days you live as a widow in my house, he is nevertheless obligated as though he had written it, as it is a stipulation of the court. The mishna comments: The residents of Jerusalem would write in this manner, that a widow may remain in her husband’s house throughout her widowhood, and the residents of the Galilee would write in this manner as well, like the inhabitants of Jerusalem. In contrast, the residents of Judea would write: Until the heirs want to give you your marriage contract. Consequently, if the heirs wish, they may give her marriage contract to her and release her, and she must find her own living arrangements and provide for herself.” (Sefarias.org translation)

In the course of discussing this Mishna on today’s daf TB Ketubot 54 we learn when husband and wife have different traditions, which tradition do we follow?

The mishna taught: And the residents of Jerusalem and of the Galilee would write the marriage contract in this manner, i.e., that if the woman is widowed, she may remain in her husband’s house and receive her sustenance from his property throughout her widowhood. Conversely, the residents of Judea would write that she may live in his house and be sustained from his estate until the heirs decide to give her the marriage contract. It was stated that the amora’im argued over this issue. Rav said that the halakha is in accordance with the custom of the residents of Judea, and Shmuel said that the halakha is in accordance with the custom of the residents of the Galilee and Jerusalem.

Gemara comments: Babylonia and all of its surrounding towns [parvadaha] act in accordance with the opinion of Rav; Neharde’a and all of its towns act in accordance with the opinion of Shmuel. The Gemara relates: There was a certain woman of Meḥoza who was married to a man from Neharde’a. They came before Rav Naḥman to discuss her marriage contract. He heard from her voice that she was from Meḥoza, whose residents had a distinctive accent.

Rav Naḥman said to them: Babylonia and all of its towns act in accordance with the opinion of Rav. They said to him: But she is marrying a resident of Neharde’a. He said to them: If so, Neharde’a and all of its towns act in accordance with the opinion of Shmuel. The Gemara asks: And until where is the boundary of Neharde’a? Up to any place where the kav measurement of Neharde’a is used. The entire area that utilizes the system of Neharde’a measurements is considered part of its surroundings for the purposes of this halakha.” (Sefaria.org translation)

The bride was pretty sharp. She use the knowledge that the tradition follows the husband’s when there’s a conflict between husband’s tradition and wife’s tradition. Now she determines when the estate need no longer provide her sustenance.

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