Mesechtas Ketubot

Masechet Ketubot has 13 chapters and 111 pages. This tractate deals with marriage laws, the ketubah (marriage contract), and its collection. This tractate is one of the Gemara tractates studied in Chabad yeshivas.

Selected Topics

Unmarried Woman Who Says "I Was Intimate With a Kosher Man"

On page 15 of the tractate, there is a dispute between Rabban Gamliel and other Tannaim regarding whether a woman is believed when she says, "I was intimate with a kosher man," and according to Rabbi Gamliel, she is believed. The commentators have struggled with the reason for this credibility. Some say it is because a definitive claim is stronger in a place of doubt, while others say it is based on the principle that a single witness is believed in matters of prohibition.

The Tzemach Tzedek explains that although in matters that have a presumption of prohibition, a single witness is only believed if it is in his control, and majority and presumption—majority is preferable, and if so, seemingly there would be no reason to believe the woman when there is a majority of invalid men contradicting her claim "I was intimate with a kosher man," nevertheless regarding the credibility of a woman not to forbid herself to her husband, she is believed even against the majority, because in such a matter where she has already been intimate, it is considered after the fact.

The Tzemach Tzedek is uncertain whether this credibility applies specifically to the wife of an Israelite, who has two presumptions: 1) presumption of fitness, 2) presumption of her own credibility, and together there are two presumptions to be lenient, but for the wife of a Kohen where the presumption of fitness does not resolve the doubt, since even in a case where it was by force and she did not sin at all—she is forbidden to her husband. But he brings that from the innovations of the Rashba and Ritva it seems that even the wife of a Kohen is believed that it was not even by force, and this appears difficult, because she is only believed in a doubtful prohibition, such as when a woman counts seven clean days for herself, which is because the days of counting come automatically and it is like a piece that is doubtfully fat or doubtfully forbidden fat, or in a matter that is in her control, such as one who was established as a niddah is believed to say "I immersed," but in a case where prohibition is established and it is not in her control, a woman is not believed, and majority and presumption—majority is preferable.

The Tzemach Tzedek resolves that according to the opinion of those Rishonim, a majority based on will and a majority of invalid men is not considered a majority at all, since this majority depends on action (meaning it is not a fixed reality in the world but a reality that is renewed through choice), and therefore in such a case there is no majority at all contradicting the presumption of the woman's credibility.

Laws of Charity

Several laws of charity are discussed in the tractate. In the Jerusalem Talmud 6:5, there is a dispute whether the treasurer needs to borrow money to give to a poor person when there is no money in the charity fund. The Rebbe says in the name of Rabbi Yosef Rozin of Rogatchov that the reason of the one who holds that one does not need to borrow money for this purpose is because he holds that it is improper, since in a case where the mitzvah has already been fulfilled before giving the charity, such as in this case where at the time of giving the charity from the giver's perspective the poor person has already received his money, in such a case the mitzvah is not fulfilled, according to the established law "One who says he will bring a sacrifice at a certain time, if he brought it before that time, he has not fulfilled his obligation."

The Rebbe's Explanations

• 12a. Dispute between Beit Shammai and Beit Hillel on how to dance before the bride. Sichot Kodesh 5731 Vol. 2.
• 67b. One who gives should not give more than a fifth. Likutei Sichot Vol. 1 p. 170 (p. 184)
• 110b. Anyone who goes up from Babylon to the Land of Israel transgresses a positive commandment. Likutei Sichot Vol. 18 p. 399 (p. 408)
• 111a. Tosafot beginning with "to Babylon," one could say that even in the second exile, the verse is particular. Likutei Sichot Vol. 18 p. 401 (p. 410)

Tzemach Tzedek's Explanations

• First Chapter
• Second Chapter
• Third Chapter
• Fifth Chapter
• Sixth Chapter
• Ninth Chapter

External Links

Masechet Ketubot