## Mishnah Ketubot Chapter 11

###### Mishnah Ketubot 11:1
[Mishnah Ketubot 11:1](https://torahapp.org/share/book/Mishnah%20Ketubot/r/11:1)

אַלְמָנָה נִזּוֹנֶת מִנִּכְסֵי יְתוֹמִים, מַעֲשֵׂה יָדֶיהָ שֶׁלָּהֶן, וְאֵין חַיָּבִין בִּקְבוּרָתָהּ. יוֹרְשֶׁיהָ, יוֹרְשֵׁי כְתֻבָּתָהּ, חַיָּבִין בִּקְבוּרָתָהּ:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
A widow is fed from the property of the orphans [from both land and chattel, this being a condition of the kethubah, viz.: "And you shall sit in my house and be fed from my property"]; her handiwork belongs to them, and they are not obliged to bury her. Her heirs, the inheritors of her kethubah, are obliged to bury her. [For her husband is obliged to bury her in lieu of her inheritance, and now that her heirs (i.e., her children, who are not his) collect her kethubah from the husband's heirs, they bury her. And we incidentally infer that if she died and had not sworn (that she had not collected) her kethubah, in which instance her heirs do not collect her kethubah, the husband's heirs are obliged to bury her.]


###### Mishnah Ketubot 11:2
[Mishnah Ketubot 11:2](https://torahapp.org/share/book/Mishnah%20Ketubot/r/11:2)

אַלְמָנָה, בֵּין מִן הָאֵרוּסִין בֵּין מִן הַנִּשּׂוּאִין, מוֹכֶרֶת שֶׁלֹּא בְּבֵית דִּין. רַבִּי שִׁמְעוֹן אוֹמֵר, מִן הַנִּשּׂוּאִין, מוֹכֶרֶת שֶׁלֹּא בְּבֵית דִּין. מִן הָאֵרוּסִין, לֹא תִמְכֹּר אֶלָּא בְּבֵית דִּין, מִפְּנֵי שֶׁאֵין לָהּ מְזוֹנוֹת, וְכָל שֶׁאֵין לָהּ מְזוֹנוֹת, לֹא תִמְכֹּר אֶלָּא בְּבֵית דִּין:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
A widow, both from betrothal [in which instance she is not fed (from the property of the inheritance) and she sells her kethubah], both from marriage [in which instance she sells (from the property of the inheritance) for food], sells not before beth-din. [That is, not before a beth-din of experts. But in any event, she must sell before three who are expert in the assessment of land.] R. Shimon says: From marriage, [in which instance she sells (property) for food], she sells not before beth-din, [for she cannot sit and suffer until she finds a beth-din, but] from betrothal [where her sale is only for (collection of) the kethubah], she sells only before beth-din. [The halachah is not in accordance with R. Shimon.]


###### Mishnah Ketubot 11:3
[Mishnah Ketubot 11:3](https://torahapp.org/share/book/Mishnah%20Ketubot/r/11:3)

מָכְרָה כְתֻבָּתָהּ אוֹ מִקְצָתָהּ, מִשְׁכְּנָה כְתֻבָּתָהּ אוֹ מִקְצָתָהּ, נָתְנָה כְתֻבָּתָהּ לְאַחֵר אוֹ מִקְצָתָהּ, לֹא תִמְכֹּר אֶת הַשְּׁאָר אֶלָּא בְּבֵית דִּין. וַחֲכָמִים אוֹמְרִים, מוֹכֶרֶת הִיא אֲפִלּוּ אַרְבָּעָה וַחֲמִשָּׁה פְעָמִים, וּמוֹכֶרֶת לִמְזוֹנוֹת שֶׁלֹּא בְּבֵית דִּין, וְכוֹתֶבֶת, לִמְזוֹנוֹת מָכָרְתִּי. וּגְרוּשָׁה לֹא תִמְכֹּר אֶלָּא בְּבֵית דִּין:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If she sold her kethubah [a manah, or two manah] or a part of it; if she gave her kethubah or part of it as a pledge; if she gave her kethubah or part of it to another as a gift, she may sell the rest [the addition] only in beth-din. [Our Mishnah is in accordance with R. Shimon, who says that she may not sell it outside of beth-din except for food. And this one, since she collected part of her kethubah receives no food (from the remaining property).] And the sages say: She can sell (her kethubah) even four or five times [i.e., in installments, in spite of which she can sell (her kethubah) even four or five times [i.e., in installments, in spite of which she can sell (property) in the intervals for food, not having lost her obligation to be fed though she has collected part of her kethubah. ] And she sells (property) for food not before beth-din, and writes [in the bill of sale]: "I sold it for food." And a divorcée may sell (her kethubah) only before beth-din. [For the reason the rabbis said that a widow both from betrothal and from marriage sells her kethubah not before beth-din is that a man does not wish his wife to be demeaned in beth-din. But since this woman is a divorcée, he is not apprehensive in that regard. The halachah is in accordance with the sages, that a woman sells both (to collect) her kethubah and for food, not before a beth-din of experts. And even if part of her kethubah were received, she can sell (property) for food, until she receives (the amount of) all of her kethubah. And when she sells, either for kethubah or for food, she requires an oath, but not proclamation (of the sale).]


###### Mishnah Ketubot 11:4
[Mishnah Ketubot 11:4](https://torahapp.org/share/book/Mishnah%20Ketubot/r/11:4)

אַלְמָנָה שֶׁהָיְתָה כְתֻבָּתָהּ מָאתַיִם וּמָכְרָה שָׁוֶה מָנֶה בְמָאתַיִם אוֹ שָׁוֶה מָאתַיִם בְּמָנֶה, נִתְקַבְּלָה כְתֻבָּתָהּ. הָיְתָה כְתֻבָּתָהּ מָנֶה וּמָכְרָה שָׁוֶה מָנֶה וְדִינָר בְּמָנֶה, מִכְרָהּ בָּטֵל. אֲפִלּוּ הִיא אוֹמֶרֶת אַחֲזִיר אֶת הַדִּינָר לַיּוֹרְשִׁין, מִכְרָהּ בָּטֵל. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, לְעוֹלָם מִכְרָהּ קַיָּם עַד שֶׁתְּהֵא שָׁם כְּדֵי שֶׁתְּשַׁיֵּר בְּשָׂדֶה בַּת תִּשְׁעָה קַבִּים, וּבְגִנָּה בַּת חֲצִי קַב, וּכְדִבְרֵי רַבִּי עֲקִיבָא בֵּית רֹבַע. הָיְתָה כְתֻבָּתָהּ אַרְבַּע מֵאוֹת זוּז, וּמָכְרָה לָזֶה בְמָנֶה וְלָזֶה בְמָנֶה וְלָאַחֲרוֹן יָפֶה מָנֶה וְדִינָר בְּמָנֶה, שֶׁל אַחֲרוֹן בָּטֵל וְשֶׁל כֻּלָּן מִכְרָן קַיָּם:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If the kethubah of a widow were for two manah, and she sold (property from the inheritance) worth one manah for two manah; or the value of two manah for one manah, she has received her inheritance. [For we say to her: "It is your loss." And with the value of one manah for two manah, even though she has gained, she cannot say: "It is my gain," for if one sends his messenger to the marketplace to trade, and he purchases something cheap, everything belongs to him who gave the money. We learn from here only about something which has no fixed price, such as land, which is wont to be sold by estimate; sometimes more, sometimes less. But if something has a fixed price and the messenger bought it for less, the ruling is not clear from (what we learn) here. I have found the rabbis to differ on this, and it would seem to me that (in such an instance) the messenger and the sender divide.] If her kethubah were a manah, and she sold the value of a manah and a dinar for a manah, her sale is void. [For she was not permitted to sell that dinar, so that the entire sale is "in error," the whole sale having taken place at one time.] Even if she says: I shall return a dinar to the heirs, her sale is void. R. Shimon b. Gamliel says: Her sale is always valid [and she returns the dinar to the heirs. For what did she make them lose?] — unless there is [such a great overcharge] that there would remain [in the absence of that overcharge] in a field, nine kavs [the size of a field], and in a garden, a half kav [the size of a garden.] And, according to R. Akiva, a quarter of a kav. [The halachah is not in accordance with R. Shimon b. Gamliel.] If her kethubah were four hundred zuz, and she sold to each one (of three buyers the value of a manah) for a manah; and to the last, the value of a manah and a dinar for a manah — the last (sale) is void, and all the others, valid.


###### Mishnah Ketubot 11:5
[Mishnah Ketubot 11:5](https://torahapp.org/share/book/Mishnah%20Ketubot/r/11:5)

שׁוּם הַדַּיָּנִין שֶׁפִּחֲתוּ שְׁתוּת אוֹ הוֹסִיפוּ שְׁתוּת, מִכְרָן בָּטֵל. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, מִכְרָן קַיָּם. אִם כֵּן מַה כֹּחַ בֵּית דִּין יָפֶה. אֲבָל אִם עָשׂוּ אִגֶּרֶת בִּקֹּרֶת, אֲפִלּוּ מָכְרוּ שָׁוֶה מָנֶה בְּמָאתַיִם, אוֹ שָׁוֶה מָאתַיִם בְּמָנֶה, מִכְרָן קַיָּם:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
The (property) assessment of the judges — if they diminished a sixth (of its value) or added a sixth, their sale is void. R. Shimon b. Gamliel says: Their sale is valid, (for) if so (i.e., if it is void), how is the "strength" of beth-din superior (to that of all men)? But if they issued a "writ of visitation," [a proclamation (of sale), hearing which, men come to "visit" (beth-din) (here, the first tanna concurs with R. Shimon b. Gamliel and the halachah is in accordance with the first tanna)], even if they sold (property) the value of one manah for two manah, or the value of two manah for one manah, their sale is valid.


###### Mishnah Ketubot 11:6
[Mishnah Ketubot 11:6](https://torahapp.org/share/book/Mishnah%20Ketubot/r/11:6)

הַמְמָאֶנֶת, הַשְּׁנִיָּה, וְהָאַיְלוֹנִית, אֵין לָהֶם כְּתֻבָּה וְלֹא פֵרוֹת, וְלֹא מְזוֹנוֹת, וְלֹא בְלָאוֹת. וְאִם מִתְּחִלָּה נְשָׂאָהּ לְשֵׁם אַיְלוֹנִית, יֶשׁ לָהּ כְּתֻבָּה. אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְנָתִין וּלְמַמְזֵר, יֶשׁ לָהֶן כְּתֻבָּה:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
A mema'eneth (one who "refuses" her marriage when she comes of age), a sh'niyah (one of the "secondary" illicit relations, interdicted by the scribes), and an eilonith (one who cannot bear) have neither kethubah [(a mema'eneth, since she leaves of her own accord; a sh'niyah — penalized by the rabbis for inducing him to marry her. For she loses nothing through the marriage, not being rendered unfit thereby and her child being kasher; eilonith — a "mistaken purchase")], nor fruits [He is not made to pay for the fruits eaten by him], nor food [If she borrowed and ate when yet with him, and then "refused," the husband is not required to pay; but he is required to feed her when she is yet with him. But he is not required to feed the sh'niyah and the eilonith when they are yet with him, and, it goes without saying, that if they borrowed and ate, the husband is not required to pay.], nor belaoth (worn-out garments) [which were lost or entirely worn, whether from nichsei melog or from nichsei tzon-barzel. The mema'eneth cannot claim these from her husband. But her existing belaoth, she always takes — whether she be a mema'eneth, a sh'niyah, or an eilonith. And even if she were adulterous, she does not lose her existing belaoth. A sh'niyah has no belaoth of nichsei melog, but she does have belaoth of nichsei tzon-barzel.] And if he wed her in the beginning, knowing she was an eilonith, she does have a kethubah. A widow (married) to a high-priest, a divorcée and a chalutzah to a regular priest, a mamzereth and a Nethinah to an Israelite, and the daughter of an Israelite to a Nathin and a mamzer do have a kethubah.