תלמוד על כתובות 13:1

MISHNAH: ¹Mishnah Ketubot 13:1, explained there in Notes 50–52. If somebody die and is survived by sons and daughters. If the estate is large, the sons inherit and the daughters will be sustained. If the estate is small, the daughters shall be sustained and the sons shall go begging. Admon said, because I am a male, shall I lose? Rabban Simeon ben Gamliel said, I am convinced by Admon’s statement.

HALAKHAH: “If one is under a vow [not to have] usufruct from another,” etc. ²⁰The entire Halakhah is found also in Ketubot 13:2 (35d line 30 ff.) Rebbi Abba bar Mamal asked: If somebody pays off somebody else’s debt without the latter’s knowledge, is that the disagreement of Ḥanan and the High Priests’ sons²¹Ketubot Mishnah 13:2: “If somebody went overseas and another person paid for the upkeep of his wife (without a court order or a contract with the wife), Ḥanan said, that person lost his money. The High Priest’s sons disagreed with him and said, he shall swear how much he spent and collect it.”? Rebbi Yose said, there the reason of the High Priest’s sons is that nobody expects his wife to die from hunger. But here, [the debtor could say:] “I could negotiate with him and he would forgive some.” Think of it, if [the loan] was on a pledge! “I could negotiate with him and he would return my pledge.” So far about a creditor who does not push [for repayment]. Even for a creditor who pushes, we can hear from the following: “He may give his šeqel¹⁴If A has vowed that B should have nothing from him, A may pay B’s Temple tax of half a šeqel due every year. Since the money is paid to the Temple, B does not receive anything.. If somebody does not pay his šeqel, does one not take a pledge from him? This says, even for a creditor who pushes. You should know that this is so, as we have stated²²Mishnah 3, a continuation of Mishnah 2 about the person to whom usufruct from another was forbidden.: “He can bring for him nests for males or females suffering from genital discharges²³“Nest” is the technical term for a couple of birds from the pigeon family, prescribed sacrifice for the person healed from genital discharge before he could enter the Temple. For a male, Lev. 15:14. For a female, Lev. 15:29., nests for childbirth²⁴Due before the mother could enter the Temple, Lev. 12:8, for the wife of a man who could not afford a sheep, Lev. 12:6., purification and reparation offerings²⁵Lev. 4:27–5:26. These sacrifices are in part burned on the altar, in part eaten by the priests; nothing is given to the offerer and his family, in contrast to well-being offerings.” since nothing of these comes to [the other person’s] hand. And here²⁶In the case of a debt paid by the third party, the deal has to be structured so that nothing ever comes into the possession of the debtor. also, that nothing should come into his hand.

You find that one may say that Ḥanan²¹³Mishnah 13:1. If a man travelled overseas and his wife asks permission from the court to sell of his property for her upkeep, Ḥanan says that she can sell and only swears at the end, if either the husband returns or notice of his death is received, that she did not retain any of the husband’s property over and above the amount she was entitled to. Ḥanan’s opponents also require her to swear before permission is granted by the court. and Rebbi Simeon said the same thing²¹⁴He admits the widow’s oath only if she demands her ketubah. The Babli, 88b, rejects this statement and finds other cases to which R. Simeon may refer. It therefore also rejects the conclusion (Note 216) reached here.. Just as Ḥanan said, she shall swear only at the end, so Rebbi Simeon says, she shall swear only at the end. Just as you say, practice follows Ḥanan²¹⁵Mishnah 13:1, on the highest authority of R. Joshua., so here practice follows Rebbi Simeon²¹⁶By inference from the decision of Ḥanan..