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Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at


§ 1. [In the case of] him who married two wives, and dies, the first wife has a priority 1 before the second, and the heirs of the first [wife] 2 before the heirs of the second wife. Had he first married one wife, who died, and then married the second, at his own decease the second wife and her heirs have a priority before the heirs of the first wife.

§ 2. [In the case of] him that married two wives, both of whom died before his own decease, and when the orphan children claim the Ketubah of their mothers, [while] there is no more [property] than the [exact amount of the] two Ketuboth, 3 they divide [it between the two sets of orphans, share and share] alike. But if there is [any] surplus [property beyond the exact amount of the two Ketuboth, even though that surplus be but a single] dinar, the orphans

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of each mother receive the amount of her Ketubah. 4 Should the orphans 5 propose: "We will appraise the property of our father one dinar higher [than the real value]," they are not to be listened to, but the Bethdin must cause the property to be appraised.

§ 3. Should there be any property in expectancy, it is not [to be considered] as in [actual] possession. 6 R. Simeon saith, "Even though there be moveable property [beyond the amount of the two Ketuboth], it is not [to be included in the computation], but there must be immoveable property, exceeding [in value the amount of] the two Ketuboth [by at least] a dinar.

§ 4. He who married three wives and dies, the Ketubah of one [wife] being one hundred dinar, of one [wife] two hundred, and of one, three hundred [dinar], while there is only [property left to the value of] one hundred [dinar], they divide [it between them, share and share] alike. 7 If there be [property to the value of] two hundred dinar, she [whose Ketubah amounts] to a maneh, receives fifty dinar, while she of two hundred and she of three hundred dinar receive three gold-pieces [each gold-piece at twenty-five dinar]. Should there be [property to the value of] three hundred dinar, she [whose Ketubah is] of one hundred dinar receives fifty, she of two hundred receives one hundred, and she of three hundred dinar receives one hundred and fifty [dinar]. In like manner, three who join their funds [form a co-partnership], whether they have diminished or increased their capital, the above is [the proportion to be observed] in which they divide.

§ 5. [Of] him who married four wives and dies, the first wife has priority 8 before the second, the second before the third, and the third before the fourth. The first is put upon her oath by the second, the second by the third, the third by the fourth, but the fourth recovers her Ketubah without being sworn. 9 Ben Nanas saith,

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[paragraph continues] "What! because she is the last is she to be favored? She likewise cannot recover without being sworn." Should [the Ketuboth] have all been executed on the same day, whichever [of them] precedes the others even by one hour, enjoys [the priority]. 10 Therefore in Jerusalem they inserted the hour. 11 Should all [the Ketuboth] have been executed in the same hour, and there is no more [property left] than [to the value of] a maneh, they divide [it between them, share and share] alike. 12

§ 6. [Of] him who has married two wives, and sells his land, 13 should the first wife undertake in writing to the purchaser, "Right and claim have I none against thee," 14 the second [wife] may [nevertheless] recover the land from the purchaser. 15 But then the first [wife] recovers it from the second, 16 and the purchaser again recovers it from the first [wife], 17 and thus the title [and possession of the field] keeps shifting [from one to the other] until they come to an arrangement. Such is also the case with a creditor, 18 and if the wife proceeds as a creditor. 19


268:1 The right to receive payment of her Ketubah.

268:2 Should one or both wives die before they have received the amount of her or their Ketubah .

268:3 One of which Ketuboth is of larger amount than the other.

269:4 The larger Ketubah receives the full amount thereof.

269:5 Who hold the larger Ketubah.

269:6 So as to be included in the estimate of actual property, and by that means produce a surplus beyond the amount of the two Ketuboth mentioned in the preceding paragraph.

269:7 In this and the subsequent cases the supposition is, that the Ketuboth are all dated the same day and hour, or that the property to be divided consists of moveables only, which are not subject to the right of priority.

269:8 Of rights and receives her Ketubah first.

269:9 That she has not received any part of her Ketubah from her husband during his life time.

270:10 The right to be paid first, whether there be enough for others or not.

270:11 In dating the Ketubah they not only set forth the day, but also the hour of the day. This form has been generally adopted.

270:12 Vide § 4 of this chapter.

270:13 On which both Ketuboth are secured.

270:14 To dispossess thee of thy purchase by virtue of my Ketubah.

270:15 As she has not renounced the lien her Ketubah gives her on the land; a lien which without her especial consent no subsequent sale of the land can nullify.

270:16 By virtue of her right of priority, which she has not renounced.

270:17 By virtue of the undertaking which she gave him.

270:18 Should A hold a mortgage on B's land, consisting of two plots of ground, one of which B sells to C, and subsequently he sells the second plot to D. Should A renounce his mortgage rights in favor of D, he may nevertheless come upon C, who, as the first purchaser, has a right to come upon D, who, by virtue of the renunciation, has a right to come upon A, who again comes upon C, and so on, till some arrangement is made.

270:19 Should the land on which her Ketubah is secured consist of two plots, sold at different times to different persons, and she has renounced her right in favor of the second purchaser.

Next: Chapter XI