Gemara Clarity

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)

  1. Statementחנן: the wife swears only at the end
  2. StatementThe sons of the High Priests: she swears at both times
  3. Conclusionרבן יוחנן בן זכאי sides with חנן
  4. ChallengeA ברייתא contradicts the משנה about the Jerusalem judges
  5. ResolutionThe number is not a problem, but the title still is
  6. Resolutionרב נחמן בר יצחק: they made decrees about thefts
  7. ProofExample: fixed payments for a damaged young plant
  8. ChallengeAnother ברייתא lists נחום as a third decree-judge
  9. ResolutionListing נחום follows רבי נתן's minority view
  10. ChallengeWeren't there hundreds of courts in ירושלים?
  11. ResolutionMany judges, but only a few decree-makers
  12. StatementHow the decree-makers were paid
  13. ChallengeWere these judges greedy?
  14. ResolutionIf it was not enough, they added even against the judges' wishes
  15. Statementקרנא took a coin from each side
  16. ChallengeIsn't that taking a bribe?
  17. ResolutionMaybe taking from both sides is allowed
  18. ChallengeBribes are forbidden even when the judge rules correctly
  19. Resolutionקרנא took it as a salary, not a bribe
  20. ChallengeA judge who is paid to judge has void rulings
  21. Resolutionקרנא took pay only for lost work time
  22. ChallengeA ברייתא calls a paid judge ugly
  23. QuestionThe ברייתא cannot mean pay for judging
  24. ResponseSo even pay for lost time is called ugly
  25. Resolutionקרנא's lost work time was obvious
  26. Proofרב הונא asked for a worker in his place
  27. StatementBribe-takers blind their own eyes
  28. StatementA קל וחומר from the פסוק about bribes
  29. ChallengeFools and wicked people are not judges anyway
  30. ResolutionA wise judge who takes bribes will lose his mind