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Kesuvos Chapter 11, Mishnah 1: Widow's Maintenance and Burial

Chavrusa Learning
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Chapter 11, Mishnah 1. The Mishnah opens with the law of a widow: "Almanah nizones minichsei yesomim" - a widow is supported from the property of the orphans, and since they provide for her, whatever she earns belongs to them. That is her side of the arrangement between them.

Two versions of the text of the Mishnah:

The Mishnah goes on to define the scope of this obligation, and at this point there are two versions of the text, and the law changes depending on which one we follow:

  1. "Nizones minichsei hayesomim" - she is supported from the property of the orphans. This is the version in our Mishnah, and it indicates that the matter does not depend on the orphans at all: as long as she has not collected her kesubah she is supported from the estate, whether the orphans wish it or not. True, once her kesubah has been paid she is no longer entitled to support, since the support continues only until the kesubah is paid; but the orphans cannot pay off her kesubah in order to free themselves of her support, and since they are supporting her, her earnings belong to them.

  2. "Nizones min hayesomim" - she is supported by the orphans. According to this version the matter does depend on the orphans: sometimes they will want to support her and sometimes they will not, and it is entirely up to them whether to pay off her kesubah or not. It does not depend on her, but on them.

The Gemara explains that the two versions reflect two different customs that were practiced in Israel: our Mishnah, which holds that the matter does not depend on the orphans, follows the custom of the people of Jerusalem and the Galil; while the second version, which leaves the matter to the will of the orphans, is the custom of the people of Judea.

The obligation of burial:

The Mishnah continues and rules that the orphans are not obligated to pay for her burial out of the estate; rather, those who inherit her kesubah are the ones obligated to bury her.

Ordinarily a husband is obligated to bury his wife, because he inherits from her. Here, however, we are dealing with a case where the husband died first and the widow died afterward, so that the orphans are not the heirs of her kesubah, and therefore they are not obligated to bury her. Rather, those heirs who actually inherit from her are the ones who will have to pay for her burial.

In summary: In this Mishnah we learned that a widow is supported from the property of the orphans and that her earnings belong to them; we examined the two versions of the text of the Mishnah - whether the support depends on her or on the will of the orphans, and how they reflect the custom of the people of Jerusalem and the Galil as opposed to the custom of the people of Judea; and finally we learned that the obligation of burial falls upon the heirs of her kesubah and not upon the orphans.