## Ketubot Daf 52a

###### Ketubot 52a:1
[Ketubot 52a:1](https://torahapp.org/share/book/Ketubot/r/52a:1)

מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל — אֵינוֹ חַיָּיב לִפְדּוֹתָהּ, שֶׁאֵין אֲנִי קוֹרֵא בָּהּ ״וְאוֹתְבִינִּךְ לִי לְאִנְתּוּ״. רָבָא אָמַר: כֹּל שֶׁאִיסּוּר שְׁבִיָּיה גּוֹרֵם לָהּ — חַיָּיב לִפְדּוֹתָהּ, אִיסּוּר דָּבָר אַחֵר גּוֹרֵם לָהּ — אֵינוֹ חַיָּיב לִפְדּוֹתָהּ.

**William Davidson Edition - English:**
In the case of **a *mamzeret* or a Gibeonite woman** married **to an Israelite,** who are entitled to a marriage contract despite the fact that the relationship is forbidden and they must get divorced, **he is not obligated to redeem her, as I do not apply to her** the clause: **And I will restore you to me as a wife,** as she is forbidden to him. **Rava said:** In **any** case **where the prohibition of her captivity,** i.e., the fact that she was taken captive, **causes her** to be forbidden to her husband, as in the case of a priest’s wife who was taken captive, **he is obligated to redeem her.** However, if **another prohibition causes her** to be forbidden to her husband, e.g., the case of a widow who is married to a High Priest, **he is not obligated to redeem her.**


###### Ketubot 52a:2
[Ketubot 52a:2](https://torahapp.org/share/book/Ketubot/r/52a:2)

לֵימָא כְּתַנָּאֵי: הַמַּדִּיר אֶת אִשְׁתּוֹ וְנִשְׁבֵּית — רַבִּי אֱלִיעֶזֶר אוֹמֵר: פּוֹדָהּ, וְנוֹתֵן לָהּ כְּתוּבָּתָהּ. רַבִּי יְהוֹשֻׁעַ אוֹמֵר: נוֹתֵן לָהּ כְּתוּבָּתָהּ, וְאֵינוֹ פּוֹדָהּ.

**William Davidson Edition - English:**
The Gemara suggests: **Let us say** that this is **parallel to** a dispute between ***tanna’im*.** As it is taught in a *baraita*: In the case of **one who vows** that **his wife** may not derive benefit from him, in which case he must divorce her, **and she** is then **taken captive, Rabbi Eliezer says:** He **redeems** her **and gives her** the payment for **her marriage contract. Rabbi Yehoshua says:** He **gives her** the payment for **her marriage contract but he does not** have to **redeem** her, as he may not take her back as his wife, due to his vow.


###### Ketubot 52a:3
[Ketubot 52a:3](https://torahapp.org/share/book/Ketubot/r/52a:3)

אָמַר רַבִּי נָתָן, שָׁאַלְתִּי אֶת סוֹמְכוֹס: כְּשֶׁאָמַר רַבִּי יְהוֹשֻׁעַ נוֹתֵן לָהּ כְּתוּבָּתָהּ וְאֵינוֹ פּוֹדָהּ, כְּשֶׁהִדִּירָהּ וּלְבַסּוֹף נִשְׁבֵּית, אוֹ בְּנִשְׁבֵּית וּלְבַסּוֹף הִדִּירָהּ?

**William Davidson Edition - English:**
**Rabbi Natan said: I asked Sumakhos: When Rabbi Yehoshua said** that he **gives her** the payment for **her marriage contract but he does not** have to **redeem** her, was he referring to a case **where he vowed** that **she** may not derive benefit from him **and she was subsequently taken captive, or** was he speaking **of one who was taken captive and he subsequently vowed** that **she** may not derive benefit from him?


###### Ketubot 52a:4
[Ketubot 52a:4](https://torahapp.org/share/book/Ketubot/r/52a:4)

וְאָמַר לִי: לֹא שָׁמַעְתִּי, וְנִרְאִין דְּבָרִים שֶׁהִדִּירָהּ וּלְבַסּוֹף נִשְׁבֵּית. דְּאִי אָמְרַתְּ נִשְׁבֵּית וּלְבַסּוֹף הִדִּירָהּ — אָתֵי לְאִיעָרוֹמֵי.

**William Davidson Edition - English:**
**And he said to me: I have not heard** a tradition on this matter, **but it would appear that** Rabbi Yehoshua does not obligate the husband to redeem her in a situation where **he vowed** that **she** may not derive benefit from him **and she was subsequently taken captive. As, if you say** that the same *halakha* applies in a case where **she was taken captive and he subsequently vowed** that **she** may not derive benefit from him, the husband might **come to engage in trickery.** If he wants to release himself from the duty to ransom his wife after she is captured, he can simply vow that she may not derive benefit from him, in which case he would be obligated to pay her only the marriage contract.


###### Ketubot 52a:5
[Ketubot 52a:5](https://torahapp.org/share/book/Ketubot/r/52a:5)

מַאי לָאו: בְּמַדִּיר אֵשֶׁת כֹּהֵן קָמִיפַּלְגִי, וְאַבָּיֵי דְּאָמַר כְּרַבִּי אֱלִיעֶזֶר, וְרָבָא דְּאָמַר כְּרַבִּי יְהוֹשֻׁעַ?

**William Davidson Edition - English:**
The Gemara now analyzes the suggested comparison between the opinions cited in this *baraita* and the dispute between Abaye and Rava. **What, is it not** the case that the *tanna’im* **disagree about** a priest **who vows** that his wife, i.e., **the wife of a priest,** may not derive benefit from him? **And Abaye spoke in accordance with** the opinion of **Rabbi Eliezer** when he said that the husband must redeem his wife even if she is forbidden to him due to something other than the fact that she was taken captive, **and Rava spoke in accordance with** the opinion of **Rabbi Yehoshua.**


###### Ketubot 52a:6
[Ketubot 52a:6](https://torahapp.org/share/book/Ketubot/r/52a:6)

לָא, הָכָא בְּמַאי עָסְקִינַן? כְּגוֹן שֶׁנָּדְרָה אִיהִי, וְקַיֵּים לַהּ הוּא. רַבִּי אֱלִיעֶזֶר סָבַר: הוּא נוֹתֵן אֶצְבַּע בֵּין שִׁינֶּיהָ. וְרַבִּי יְהוֹשֻׁעַ סָבַר: הִיא נָתְנָה אֶצְבַּע בֵּין שִׁינֶּיהָ.

**William Davidson Edition - English:**
The Gemara refutes this suggestion: **No; with what are we dealing here?** With a case **where she vowed** not to derive benefit from him, **and** her husband **upheld it for her** by neglecting to nullify her vow when he heard it. The Gemara explains: **Rabbi Eliezer maintains** that **he is putting his finger between her teeth,** i.e., he causes the vow to be in effect, and therefore he must redeem her and return her to her native province. **And Rabbi Yehoshua maintains** that **she put her finger between her** own **teeth,** i.e., she is responsible for the vow, because she is the one who initially pronounced it.


###### Ketubot 52a:7
[Ketubot 52a:7](https://torahapp.org/share/book/Ketubot/r/52a:7)

אִי הִיא נָתְנָה אֶצְבַּע בֵּין שִׁינֶּיהָ — כְּתוּבָּה מַאי עֲבִידְתַּהּ?

**William Davidson Edition - English:**
The Gemara asks: **If** Rabbi Yehoshua maintains that **she put her finger between her** own **teeth, what is** the payment of **the marriage contract doing** here? Why must he pay her marriage contract if it is her fault that they cannot remain married?


###### Ketubot 52a:8
[Ketubot 52a:8](https://torahapp.org/share/book/Ketubot/r/52a:8)

וְתוּ, אָמַר רַבִּי נָתָן, שָׁאַלְתִּי אֶת סוֹמְכוֹס: כְּשֶׁאָמַר רַבִּי יְהוֹשֻׁעַ נוֹתֵן לָהּ כְּתוּבָּתָהּ וְאֵינוֹ פּוֹדָהּ, כְּשֶׁהִדִּירָהּ וּלְבַסּוֹף נִשְׁבֵּית, אוֹ בְּשֶׁנִּשְׁבֵּית וּלְבַסּוֹף הִדִּירָהּ? וְאָמַר: לֹא שָׁמַעְתִּי.

**William Davidson Edition - English:**
**And furthermore,** it was stated above that **Rabbi Natan said: I asked Sumakhos: When Rabbi Yehoshua said** that he **gives her** the payment for **her marriage contract but he does not** have to **redeem** her, was he referring to a case **where he vowed** that **she** may not derive benefit from him **and she was subsequently taken captive, or** was he speaking **of one who was taken captive and he subsequently vowed** that **she** may not derive benefit from him? **And he said** to me: **I have not heard** a tradition on this matter, but it is reasonable to assume that the case is where he took the vow and she was subsequently taken captive, as otherwise there is a concern that the husband will engage in trickery.


###### Ketubot 52a:9
[Ketubot 52a:9](https://torahapp.org/share/book/Ketubot/r/52a:9)

וְאִי דִּנְדַרָה אִיהִי, מָה לִי הִדִּירָהּ וּלְבַסּוֹף נִשְׁבֵּית, מָה לִי נִשְׁבֵּית וּלְבַסּוֹף הִדִּירָהּ?

**William Davidson Edition - English:**
**But if** this is referring to a case **where she** was the one who **vowed** not to derive benefit from him, **what is** the difference to **me** whether **he** upheld **her vow and she was subsequently taken captive,** and **what is** the difference to **me** whether **she was taken captive and he subsequently** upheld **her vow?** Either way there is no reason to be concerned that he might engage in trickery, since she was the one who took the vow.


###### Ketubot 52a:10
[Ketubot 52a:10](https://torahapp.org/share/book/Ketubot/r/52a:10)

אֶלָּא, לְעוֹלָם דְּאַדְּרַהּ אִיהוּ. וְאַבָּיֵי מְתָרֵץ לְטַעְמֵיהּ, וְרָבָא מְתָרֵץ לְטַעְמֵיהּ. אַבָּיֵי מְתָרֵץ לְטַעְמֵיהּ: אַלְמָנָה לְכֹהֵן גָּדוֹל כּוּלֵּי עָלְמָא לָא פְּלִיגִי דְּחַיָּיב לִפְדּוֹתָהּ, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל כּוּלֵּי עָלְמָא לָא פְּלִיגִי דְּאֵינוֹ חַיָּיב לִפְדּוֹתָהּ. מַדִּיר אֵשֶׁת כֹּהֵן נָמֵי, כּוּלֵּי עָלְמָא לָא פְּלִיגִי דְּחַיָּיב לִפְדּוֹתָהּ. דְּהַיְינוּ אַלְמָנָה [לְכֹהֵן גָּדוֹל].

**William Davidson Edition - English:**
**Rather,** this is **actually** referring to a case **where he** was the one who initially **vowed** that **she** may not derive benefit from him. **And Abaye explains** the *baraita* according **to his** line of **reasoning, and Rava explains** the *baraita* according **to his** line of **reasoning. Abaye explains** the *baraita* according **to his** line of **reasoning** as follows: With regard to **a widow** who is married **to a High Priest, everyone agrees** that he is **obligated to redeem her.** If she was **a *mamzeret*** or **a Gibeonite woman** married **to an Israelite, everyone agrees** that he is **not obligated to redeem her.** In the case of a priest **who takes a vow** prohibiting his wife, i.e., **the wife of a priest,** from deriving benefit from him, **likewise everyone agrees** that he is **obligated to redeem her, as this is** the same as the case of **a widow** who is married **to a High Priest,** as he can fulfill the requirement to restore her to her native province.


###### Ketubot 52a:11
[Ketubot 52a:11](https://torahapp.org/share/book/Ketubot/r/52a:11)

כִּי פְּלִיגִי בְּמַדִּיר אֵשֶׁת יִשְׂרָאֵל. רַבִּי אֱלִיעֶזֶר אָזֵיל בָּתַר מֵעִיקָּרָא, וְרַבִּי יְהוֹשֻׁעַ אָזֵיל בָּתַר בַּסּוֹף.

**William Davidson Edition - English:**
**When they disagree** it is in the case **of** an Israelite **who vows** that his wife, i.e., **the wife of an Israelite,** may not derive benefit from him. **Rabbi Eliezer follows** the status of the woman **at the outset,** i.e., when the marriage contract was written. Since at that time he could restore her to be his wife, the obligation he took upon himself to redeem her from captivity remains in effect, despite the fact that he can no longer do so due to the vow. **And Rabbi Yehoshua follows** the status of the woman **at the end,** and holds that since, in practice, the husband cannot take her back as a wife because of the vow, he is no longer obligated to ransom her.


###### Ketubot 52a:12
[Ketubot 52a:12](https://torahapp.org/share/book/Ketubot/r/52a:12)

רָבָא מְתָרֵץ לְטַעְמֵיהּ: אַלְמָנָה לְכֹהֵן גָּדוֹל, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל — כּוּלֵּי עָלְמָא לָא פְּלִיגִי דְּאֵינוֹ חַיָּיב לִפְדּוֹתָהּ. כִּי פְּלִיגִי בְּמַדִּיר, בֵּין אֵשֶׁת כֹּהֵן וּבֵין אֵשֶׁת יִשְׂרָאֵל.

**William Davidson Edition - English:**
Similarly, **Rava explains** the *baraita* according **to his** line of **reasoning:** In the case of **a widow** married **to a High Priest,** and **a *mamzeret* or a Gibeonite woman** married **to an Israelite, everyone agrees** that he is **not obligated to redeem her,** as the prohibition against her remaining married to him results from a cause other than her captivity. **When they disagree** it is with regard to **one who vows** that his wife may not derive benefit from him, **whether** she is **the wife of a priest or the wife of an Israelite.**


###### Ketubot 52a:13
[Ketubot 52a:13](https://torahapp.org/share/book/Ketubot/r/52a:13)

רַבִּי אֱלִיעֶזֶר אָזֵיל בָּתַר מֵעִיקָּרָא, וְרַבִּי יְהוֹשֻׁעַ אָזֵיל בָּתַר בַּסּוֹף.

**William Davidson Edition - English:**
**Rabbi Eliezer follows** her status **at the outset** and holds that since he obligated himself to ransom her when he wrote the marriage contract he must act accordingly. **And Rabbi Yehoshua follows** her status **at the end,** and holds that since he cannot fulfill his obligation to restore her as his wife due to a factor other than her captivity, he is entirely exempt from redeeming her.


###### Ketubot 52a:14
[Ketubot 52a:14](https://torahapp.org/share/book/Ketubot/r/52a:14)

נִשְׁבֵּית חַיָּיב לִפְדּוֹתָהּ וְכוּ׳. תָּנוּ רַבָּנַן: נִשְׁבֵּית בְּחַיֵּי בַּעְלָהּ, וְאַחַר כָּךְ מֵת בַּעְלָהּ. הִכִּיר בָּהּ בַּעֲלָהּ — יוֹרְשִׁין חַיָּיבִין לִפְדּוֹתָהּ. לֹא הִכִּיר בָּהּ בַּעֲלָהּ — אֵין יוֹרְשִׁין חַיָּיבִין לִפְדּוֹתָהּ.

**William Davidson Edition - English:**
§ The mishna taught that if **she was taken captive,** her husband **is obligated to redeem her. The Sages taught** in a *baraita*: In the case of a wife who was **taken captive in her husband’s lifetime and afterward her husband died** before he could redeem her, if **her husband was aware of her** captivity, the **heirs are obligated to redeem her,** but **if her husband was not aware of her** captivity, his **heirs are not obligated to redeem her.**


###### Ketubot 52a:15
[Ketubot 52a:15](https://torahapp.org/share/book/Ketubot/r/52a:15)

לֵוִי סָבַר לְמִיעְבַּד עוֹבָדָא כִּי הָא מַתְנִיתָא. אֲמַר לֵיהּ רַב, הָכִי אָמַר חַבִּיבִי: לֵית הִלְכְתָא כִּי הָא מַתְנִיתָא, אֶלָּא כִּי הָא דְּתַנְיָא: נִשְׁבֵּית לְאַחַר מִיתַת בַּעְלָהּ — אֵין הַיְּתוֹמִין חַיָּיבִין לִפְדּוֹתָהּ. וְלֹא עוֹד, אֶלָּא אֲפִילּוּ נִשְׁבֵּית בְּחַיֵּי בַּעְלָהּ, וְאַחַר כָּךְ מֵת בַּעְלָהּ — אֵין הַיְּתוֹמִין חַיָּיבִין לִפְדּוֹתָהּ. שֶׁאֵין אֲנִי קוֹרֵא בָּהּ ״וְאוֹתְבִינִּךְ לְאִינְתּוּ״.

**William Davidson Edition - English:**
The Gemara relates: **Levi thought to act in accordance with this *baraita*. Rav said to him: My uncle** [***ḥavivi***], Rabbi Ḥiyya, **said as follows: The *halakha* is not in accordance with this *baraita*. Rather,** it is **in accordance with that which is taught** in a different *baraita*: If she was **taken captive after the death of her husband, the orphans are not obligated to redeem her. And moreover, even** if she **was taken captive in her husband’s lifetime** and he heard about it, **and afterward her husband died, the orphans are not obligated to redeem her, as I cannot apply to her** the clause in the marriage contract: **And I will restore you to me as a wife.** Since this stipulation cannot be fulfilled, the obligation to redeem her does not apply.


###### Ketubot 52a:16
[Ketubot 52a:16](https://torahapp.org/share/book/Ketubot/r/52a:16)

תָּנוּ רַבָּנַן: נִשְׁבֵּית, וְהָיוּ מְבַקְּשִׁין מִמֶּנּוּ עַד עֲשָׂרָה בְּדָמֶיהָ, פַּעַם רִאשׁוֹנָה — פּוֹדָהּ. מִכָּאן וְאֵילָךְ: רָצָה פּוֹדָהּ, רָצָה אֵינוֹ פּוֹדָהּ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר:

**William Davidson Edition - English:**
§ **The Sages taught:** If she was **taken captive and they were seeking** ransom **from** her husband of **up to ten times her value,** i.e., far more than the usual ransom for a captive of this kind, on the **first occasion** she is taken captive he must **redeem** her. **From this** point **forward,** i.e., if she was taken captive a second time, if he **wants** to, **he redeems** her, but if he does not **want** to redeem her, **he does not** have to **redeem** her, as the Sages obligated him to redeem her only once. **Rabban Shimon ben Gamliel says:**