Kesubos 105a
כתובות ק״ה ע״א
Ketubot 105a
Learn Kesubos 105a step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Kesubos 105a in Gemara Clarity
Topic
The end of the משנה on the wife's oath; the Jerusalem decree-judges; and how judges may and may not take money from the people in a case
Overview
The amud opens with the end of the משנה. חנן says a wife whose husband went overseas swears only at the end, when she collects her כתובה. The בני כהנים גדולים, joined by רבי דוסא בן הרכינס, say she swears at the beginning too, and רבן יוחנן בן זכאי sides with חנן. The גמרא then asks about the Jerusalem judges. Some sources list them differently, and one calls them judges of 'thefts' instead of 'decrees.' The גמרא answers that they made decrees about theft cases, and that ירושלים had hundreds of courts but only a few decree-makers, who were paid from Temple funds. Next comes the judge קרנא, who took a small coin from both sides. Step by step, the גמרא shows this was neither שוחד nor pay for judging. It was pay for obvious lost work time, like רב הונא asking for a worker to replace him. The amud ends with teachings on how bribes blind judges, even great sages, and that explanation continues on the next amud.
Opening lines
תִּשָּׁבַע בַּסּוֹף,
She takes an oath at the end,
וְלֹא תִּשָּׁבַע בַּתְּחִלָּה.
and she does not take an oath at the beginning.
נֶחְלְקוּ עָלָיו בְּנֵי כֹּהֲנִים גְּדוֹלִים,
The sons of the High Priests disagreed with him,
וְאָמְרוּ: תִּשָּׁבַע בַּתְּחִלָּה וּבַסּוֹף.
and said: She takes an oath at the beginning and at the end.
The steps (30)
- Statementחנן: the wife swears only at the end
- StatementThe sons of the High Priests: she swears at both times
- Conclusionרבן יוחנן בן זכאי sides with חנן
- ChallengeA ברייתא contradicts the משנה about the Jerusalem judges
- ResolutionThe number is not a problem, but the title still is
- Resolutionרב נחמן בר יצחק: they made decrees about thefts
- ProofExample: fixed payments for a damaged young plant
- ChallengeAnother ברייתא lists נחום as a third decree-judge
- ResolutionListing נחום follows רבי נתן's minority view
- ChallengeWeren't there hundreds of courts in ירושלים?
- ResolutionMany judges, but only a few decree-makers
- StatementHow the decree-makers were paid
- ChallengeWere these judges greedy?
- ResolutionIf it was not enough, they added even against the judges' wishes
- Statementקרנא took a coin from each side
- ChallengeIsn't that taking a bribe?
- ResolutionMaybe taking from both sides is allowed
- ChallengeBribes are forbidden even when the judge rules correctly
- Resolutionקרנא took it as a salary, not a bribe
- ChallengeA judge who is paid to judge has void rulings
- Resolutionקרנא took pay only for lost work time
- ChallengeA ברייתא calls a paid judge ugly
- QuestionThe ברייתא cannot mean pay for judging
- ResponseSo even pay for lost time is called ugly
- Resolutionקרנא's lost work time was obvious
- Proofרב הונא asked for a worker in his place
- StatementBribe-takers blind their own eyes
- StatementA קל וחומר from the פסוק about bribes
- ChallengeFools and wicked people are not judges anyway
- ResolutionA wise judge who takes bribes will lose his mind