Ketubot 101B

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Text Excerpt

בלאותיה קיימין.

her right to her worn clothes that are in existence. She retains possession of her clothes and all of the other items that she brought with her to the marriage that have not been worn out.

תני תנא קמיה דרב נחמן: זינתה ⁠— הפסידה בלאותיה קיימין. אמר ליה: אם היא זינתה, כליה מי זנאי? תני: לא הפסידה בלאותיה קיימין.

The tanna teaches a baraita before Rav Naḥman: A woman who was licentious lost her right to her extant, worn clothes, i.e., when they divorce, she does not keep her clothing. He said to him: If she was unfaithful and had sex with another, were her items also licentious? Certainly she is not penalized by losing her right to her property, and therefore teach the opposite: A woman who was licentious has not lost her right to her extant worn clothes.

אמר רבה בר בר חנה אמר רבי יוחנן: זו דברי רבי מנחם סתימתאה, אבל חכמים אומרים: זינתה ⁠— לא הפסידה בלאותיה קיימין.

Similarly, Rabba bar bar Ḥana said that R' Yoḥanan said: This baraita taught by the tanna is the statement of R' Menaḥem, the unattributed, as his opinion is cited in several places as the unattributed Mishnah. However, the Rabbis say that if she was licentious, she has not lost her right to her extant worn clothes.

אם מתחלה נשאה כו׳. אמר רב הונא: אילונית ⁠— אשה ואינה אשה, אלמנה ⁠— אשה גמורה.

§ The Mishnah teaches that if, from the start, he married her with the understanding that she is an ailonit, she is entitled to payment of her marriage contract. Rav Huna said: An ailonit is a wife and she is not a wife, while a widow who is married to a High Priest is entirely a wife.

אילונית אשה ואינה אשה: הכיר בה ⁠— יש לה כתובה, לא הכיר בה ⁠— אין לה כתובה. אלמנה אשה גמורה: בין הכיר בה, בין לא הכיר בה ⁠— יש לה כתובה.

The Talmud explains: An ailonit is sometimes treated as a wife and she is sometimes not treated as a wife. How so? If he knew about her that she was an ailonit before marrying her, she is entitled to payment of her marriage contract like any other wife. But if he did not know about her that she was an ailonit before marrying her, she is not entitled to payment of her marriage contract. A widow is entirely considered a wife. Whether he knew about her that she was a widow before marrying her whether he did not know this about her, she is entitled to payment of her marriage contract.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.