Kesubos - Daf 52
- נשבית והיו מבקשין ממנו עד עשרה בדמיה
It was taught in a Baraisa: נשבית והיו מבקשין ממנו עד עשרה בדמיה – If a woman was captured and her captors demanded from the husband up to ten times her worth, פעם ראשונה פודה מכאן ואילך רצה פודה רצה אינו פודה – the first time this happens he must ransom her. From then on, if he wants, he ransoms her, if he wants, he does not ransom her. Rabban Shimon ben Gamliel says: אין פודין את השבויין יותר על כדי דמיהם מפני תקון העולם – One may not ransom captives more than their value for the benefit of the world. Rashi explains that this will help prevent captors from demanding high ransoms. The Gemara notes that this implies that Rabban Shimon ben Gamliel holds that one pays ransom up until her value and brings a conflicting Baraisa where he says that one may pay ransom up until the equivalent to her kesubah, but he need not ransom her if the ransom is higher. Rashi explains that ransoming one’s wife is only a tannai of the kesubah, whereas the two hundred zuz is the main part of the kesubah. Therefore, the tafel payment should not be more than the ikar payment. The Gemara answers רבן שמעון בן גמליאל תרי קולי אית ליה – Rabban Shimon ben Gamliel subscribes to two leniencies. Rashi explains that he holds that the husband does not have to pay more than her value if it is higher than the value of her kesubah, nor the value of her kesubah if it is higher than her value.
- Why the Chochomim instituted כתובת בנין דיכרין
The next Mishnah states: לא כתב לה– If the chosson did not write for his kallah: בנין דיכרין דיהוו ליכי מינאי “Male children that you have from me, אינון ירתון כסף כתובתיך יתר על חולקהון דעם אחוהון – they will inherit the money of your kesubah above what they share with their brothers,” he is nonetheless chayav to fulfill this stipulation since it is a tannai Beis Din. Rebbe Yochanan said in the name of Rebbe Shimon bar Yochai: Why did the Chochomim institute kesubas bnin dichrin? כדי שיקפוץ אדם ויכתב לבתו כבנו – So that a man will jump and write a large dowry for his daughter as if she were his son. This ensures that his property will be passed on to his descendants. The Gemara asks if there is such a thing where the Torah says a son should inherit and a daughter shall not, and the Rabbanon come and institute that she should inherit, meaning how could the Rabbanon encourage the father to give away his property for his daughter that the sons stand to inherit? The Gemara answers that the chiyuv to provide a dowry is also d’Oraysa, for the passuk states: “Take wives, and have sons and daughters, and take wives for your sons, ובנותיכם תנו לאנשים” – and give your daughters to husbands. Now is it in the father’s hands to marry off his daughter? Rashi explains that it is not for the woman to seek a spouse. Rather, the passuk is saying that the father should clothe and give her jewelry and property so that men will jump to marry her.
- How much should a father commit to the dowry?
The Gemara asks how much of one’s possessions should be committed to the dowry? Abaye and Rava both said: עד לעישור נכסי – Up until one tenth of one’s possessions.
