What was he thinking? TB Ketubot 56

Usually the ketubah is written at the time of marriage (nesuin-נִּשּׂוּאִין) and the groom becomes liable at that time for both the sum of 100 or 200 zuz and the tosefet. Sometimes the Gemara records cases that the ketubah was written at the time of betrothal (erusin-אֵרוּסִין). Everybody agrees that the groom becomes liable for the 100 or 200 zuz, with the writing and signing of the ketubah. But the Mishnah on daf TB Ketubot 54b records a disagreement between Rabbi Meir and Rabbi Elazar ben Azariya. Rabbi Elazar ben Azariya holds that the husband only obligates himself to pay the tosefet at the time of nesuin. “Rabbi Elazar ben Azarya says: If she is widowed or divorced from marriage, she collects the total amount, but if she is widowed or divorced from betrothal, a virgin collects two hundred dinars and a widow one hundred dinars. This is because he wrote the additional amount for her in the marriage contract only in order to marry her.” (Sefaria.org translation 

Starting with yesterday’s daf and continuing on today’s daf TB Ketubot 56 we learn about the principle of assessing a person’s intention (umdana- אוּמְדָּנָא) because Rabbi Elazar ben Azariya bases his decision on what was the groom’s mindset.

The Gemara wonders which rabbi, Rav or Rabbi Natan, holds the principle of umdana. “The mishna states that Rabbi Elazar ben Azarya says that a woman who collects the payment for her marriage contract after marriage receives the main and additional sums, while one who collects it after betrothal receives only the main sum. It was stated: Rav and Rabbi Natan differed with regard to this issue. One said the halakha is in accordance with the opinion of Rabbi Elazar ben Azarya. And one said the halakha is not in accordance with the opinion of Rabbi Elazar ben Azarya.” (Sefaria.org translation) In the end the Gemara comes to the conclusion that both rabbis hold the principle of umdana. “In any case, it has been established that Rav also follows the principle of assessing one’s intention, which calls into question the conclusion that Rabbi Natan is the one who said that the halakha is in accordance with the opinion of Rabbi Elazar ben Azarya. Rather, the Gemara concludes: Both Rav and Rabbi Natan follow the principle of assessing intention, and the debate can be explained in a different way.” (Sefaria.org translation)

Since divining the mindset of another person is very subjective, both Rav and Rabbi Natan can still hold the principal of umdana, but come to opposite conclusions. “According to the one who says the halakha is in accordance with the opinion of Rabbi Elazar ben Azarya, this works out well. According to the one who says the halakha is not in accordance with the opinion of Rabbi Elazar ben Azarya, here too, this is an assessment of his intention. Why did he give her the additional sum of the marriage contract? It was due to a sense of intimacy between them, as they were betrothed and were planning to get married. Since he did demonstrate a sense of intimacy with her, the assessment is that he intended to give her the additional sum.” (Sefaria.org translation)

The Gemara goes back and forth whether the halakha is according to Rabbi Elazar ben Azariya or not. Despite Rav Naḥman vehement assertion that the halakha doesn’t follow Rabbi Elazar ben Azariya, the Gemara overrules him. “And Rav Naḥman also said his own statement: The halakha is not in accordance with the opinion of Rabbi Elazar ben Azarya. And the Sages of Neharde’a say in the name of Rav Naḥman: The halakha is in accordance with the opinion of Rabbi Elazar ben Azarya. The Gemara comments: And although Rav Naḥman cursed them and said: Any judge who rules in accordance with the opinion of Rabbi Elazar ben Azarya, such and such unspecified misfortune will happen to him, even so the halakha is in accordance with the opinion of Rabbi Elazar ben Azarya. Since the Gemara presented a number of different opinions, it concludes: And the practical halakha is in accordance with the opinion of Rabbi Elazar ben Azarya.” (Sefaria. org translation)

Both Rambam in his Mishneh Torah (Laws of Marriage, chapter 10, halakha 11) and the Shulkhan Arukh (Even Ha’ezer 55:6) poskin that halakha follows Rabbi Elazar ben Azariya understanding of the groom’s mindset and intention concerning the tosefet.