Ketubot 46B

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Text Excerpt

אידי ואידי כדרכה בעינן! אלא שלח רב כהנא משמיה דרבי יוחנן: אינו חייב עד שיבעול כדרכה, ויוציא שם רע בכדרכה.

we require both this, i.e., the act of sex between the husband and wife, and that, i.e., the woman’s alleged act of sex with another man, to be performed in a typical manner in order for the laws of a defamer to apply, as R' Eliezer ben Ya’akov interprets the verses literally, meaning that the husband had sex with her and discovered she was not a virgin. Rather, Rav Kahana sent word in the name of R' Yoḥanan that the statement was as follows: He is obligated to pay the fine only if he had sex in a typical manner and defamed her with regard to sex performed in a typical manner, in accordance with the opinion of R' Eliezer ben Ya’akov.

מתני׳ האב זכאי בבתו בקידושיה בכסף, בשטר, ובביאה. זכאי במציאתה, ובמעשה ידיה, ובהפרת נדריה, ומקבל את גיטה. ואינו אוכל פירות בחייה.

Mishnah: A father has authority over his daughter with regard to her betrothal through money, through a marriage document, or through sex. Likewise, a father is entitled to items she has found, and to her earnings, and to effect the nullification of her vows, i.e., a father may nullify his daughter’s vows. And he accepts her bill of divorce on her behalf if she is divorced from betrothal before she becomes a grown woman. And although he inherits her property when she dies, e.g., property she inherited from her mother’s family, he does not consume the produce of her property during her lifetime.

נשאת ⁠— יתר עליו הבעל, שאוכל פירות בחייה, וחייב במזונותיה, ובפרקונה, וקבורתה. רבי יהודה אומר: אפילו עני שבישראל לא יפחות משני חלילין ומקוננת.

If the daughter married, the husband has more rights and obligations than her father had before the marriage, as he consumes the produce of her property during her lifetime, and he is obligated to provide her sustenance, her redemption if she is captured, and her burial upon her death. R' Yehuda says: Even the poorest man of the Jewish people may not provide fewer than two flutes and a lamenting woman, which it was customary to hire for a funeral, as these too are included in the duties of burial.

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.