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Kesubos 102b

כתובות ק״ב ע״ב

Ketubot 102b

Learn Kesubos 102b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Binding marriage promises made by words alone, whether they may be written, and where a daughter lives

Overview

This amud opens by finishing an argument between רבי יוחנן and ריש לקיש. Both follow רבי ישמעאל, but ריש לקיש limits his rule to cases where a Torah-level debt already exists. The גמרא then quotes רב: when two families state what each will give their child, and the couple do קידושין, those promises bind through words alone. רבא first limits this to the father of a נערה, then swears that it applies even to a בוגרת. His reason is that the joy of the families joining is what makes them commit. רבינא and רב אשי discuss whether such spoken promises may be written down. רב אשי says no and defends this against three proofs from משניות. The last proof leads to a long discussion of why the wife's daughter can collect from sold property but the husbands' own daughters cannot. Finally, רב חסדא learns from the משנה that a daughter lives with her mother. The גמרא challenges this with a ברייתא about a child kept from his heirs for safety, and the defense of רב חסדא continues on the next amud.

Opening lines

כִּי פְּלִיגִי אַלִּיבָּא דְּרַבִּי יִשְׁמָעֵאל.

When they argue, it is according to רבי ישמעאל.

רַבִּי יוֹחָנָן כְּרַבִּי יִשְׁמָעֵאל,

רבי יוחנן holds like רבי ישמעאל (plainly),

וְרֵישׁ לָקִישׁ —

And ריש לקיש says:

עַד כָּאן לָא קָאָמַר רַבִּי יִשְׁמָעֵאל הָתָם

רבי ישמעאל only said his rule there

The steps (30)

  1. ResolutionBoth sides follow רבי ישמעאל, and רבי יוחנן applies him plainly
  2. Resolutionריש לקיש limits רבי ישמעאל to a Torah-level debt
  3. Statementרב: wedding-gift promises become binding through words
  4. Statementרבא limits רב's rule to a daughter who is a נערה
  5. Rejectionרבא swears that רב meant even a בוגרת
  6. ProofProof: the groom's father gets no money either
  7. ConclusionThe real reason: the joy of the families marrying each other
  8. QuestionMay these spoken promises be written down?
  9. ResponseThey may not be written
  10. ChallengeChallenge: the smart ones would write
  11. Resolution'Write' here means 'say'
  12. ChallengeCan saying be called writing?
  13. ResolutionYes, as רבי חייא taught
  14. ChallengeChallenge from documents of betrothal and marriage
  15. RejectionThe משנה means real betrothal documents
  16. StatementDispute over a betrothal document written without her consent
  17. ChallengeThe wife's daughter collects like a creditor
  18. RejectionThere was a formal act of acquisition
  19. ChallengeThen their own daughters should also collect
  20. ResolutionThe קנין was made only for the wife's daughter
  21. QuestionWhy is the case so clear-cut?
  22. ResponseOnly the wife's daughter was alive at the time of the קנין
  23. ChallengeThe husbands' daughters could also have been alive at the time
  24. ResolutionThe husbands' daughters are already covered by the court's rule
  25. ChallengeShould being covered by the court make them worse off?
  26. ResolutionWe suspect the father already gave his daughters money
  27. StatementA daughter lives with her mother
  28. ChallengeMaybe the משנה only means a young girl, for her safety
  29. ProofThe ברייתא about the boy killed by his heirs
  30. ResolutionThe משנה's wording points to the mother