Study Ketubot folio 54A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
כיון דלית לה כתובה — לית לה מזוני, או דלמא: אמה דעבדא איסורא — קנסוה רבנן, איהי, דלא עבדא איסורא — לא קנסוה רבנן. תיקו.
Once again the Talmud explains the sides of the dilemma: Since the rabbis penalized the mother and declared that she does not have a marriage contract, the daughter does not have sustenance either, as her sustenance is guaranteed by her mother’s marriage contract. Or perhaps, with regard to her mother, who violated a prohibition, the rabbis penalized her by depriving her of her marriage contract, whereas in the case of the daughter, who did not violate a prohibition, the rabbis did not penalize her. Once again the Talmud states that the dilemma should stand unresolved.
בעי רבא: בת ארוסה, יש לה מזונות, או אין לה מזונות? כיון דאית לה כתובה — אית לה, או דלמא: כיון דלא תקינו רבנן כתובה עד שעת נישואין — לית לה, תיקו.
Rava raises a dilemma: In the case of the daughter of a betrothed woman, i.e., a man betrothed a woman, fathered a daughter with her, and then died, does the daughter have the right to receive sustenance from his estate, or does she not have the right to receive sustenance? Since the mother has a marriage contract, as in this case the man wrote her a marriage contract after betrothing her, it may be argued that the daughter has the right to receive sustenance. Or perhaps, since the rabbis did not enact any requirement for a man to provide his wife with a marriage contract until the time of marriage, the stipulations of the marriage contract do not apply until then, and therefore the daughter of this woman does not have the right to receive sustenance. Again, the Talmud states that the dilemma should stand unresolved.
בעי רב פפא: בת אנוסה, יש לה מזונות, או אין לה מזונות? אליבא דרבי יוסי ברבי יהודה לא תיבעי לך, דאמר יש לה כתובה מנה.
Rav Pappa raises a dilemma: With regard to the daughter of a raped woman, i.e., a man raped a young woman, married her, had a child, and died, does she have the right to receive sustenance from her father’s estate or does she not have the right to receive sustenance from his estate? The Talmud comments: According to the opinion of R' Yosei, son of R' Yehuda, do not raise this dilemma, as he said that a raped woman has a marriage contract of 100 dinars, and therefore she is entitled to the stipulations of a marriage contract, one of which is that if she has a daughter with her husband, the daughter receives sustenance from the husband’s estate.