Ketubot, Chapter Four, Mishnah Two

 

Introduction

This mishnah continues to discuss financial rights that a father accrues from his daughter.

 

Mishnah Two

1)                     If a man gave his daughter in betrothal and she was divorced, [and then] he gave her [again] in betrothal and she was widowed, her ketubah belongs to him.  

2)                     If he gave her in marriage and she was divorced [and then] he gave her [again] in marriage and she was left a widow, her ketubah belongs to her.  

a)                                 Rabbi Judah said: the first belongs to her father.   

b)                                 They said to him: as soon as he gives her in marriage, her father loses all control over her. 

 

Explanation

Section one:  In this case the daughter was only betrothed and then widowed, betrothed and then widowed again.  The mishnah teaches that since she was never fully married, both Ketubot (200 zuz for each marriage) belong to her father.  As long as she is not fully married, he never fully relinquishes control over her.

Section two:  In this case the daughter is married twice.  According to the first opinion in the mishnah, both Ketubot belong to her.  According to this opinion, as soon as she is married, her father loses all control over her, and he can not make any financial gains through her.  According to Rabbi Judah, the first ketubah belongs to her father, because it was written before the marriage and hence it was a debt incurred while she still lived in her father’s home.  According to the other sages who respond to Rabbi Judah, the collection does not go according to when it was written, but rather her status at the dissolution of the marriage.  Since at this point she was independent, her father has no right to her ketubah. 

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