Рут 4:7 Ссылки в Талмуде: Jerusalem Talmud Ketubot & Jerusalem Talmud Kiddushin

What is a wife and what is a concubine⁵²Since the institution of pilegeš does not exist in rabbinic practice, the question is of purely theoretical character, an inquiry into the essence of the biblical institution of legal concubine.? Rebbi Meïr says, a wife has a ketubah, a concubine has no ketubah⁵³Since R. Meïr in the Mishnah forbids any marriage without a full ketubah, he must hold that a concubine is not married. This is the position of the Babli, Sanhedrin 21a, articulated by Rav. (For rabbinic practice in Medieval Spain, cf. Menaḥem ben Aaron ben Zeraḥ, צדה לדרך Part 3, Chapter 2.). Rebbi Jehudah says, both have a ketubah. A wife has a ketubah and the ketubah stipulations; a concubine has a ketubah but no ketubah stipulations⁵⁴Since he permits any modification of the financial aspects of marriage by written mutual consent, he also admits a situation in which a female of lower social rank signs away her rights.. Rav⁵⁵The context requires this translation. Jehudah in the name of Rav: These are the opinions of Rebbi Meïr and Rebbi Jehudah. But the words of the Sages⁵⁶Tosephta 4:7.: “A man may marry a woman and stipulate with her not to feed her and not to provide for her⁵⁷This Tosephta has two aspects. It implies that the institution of concubines has no place in rabbinic law but that the parties are free to decide on the material aspects of their marriage (while retaining the formal requirement of a ketubah of 200/100 zuz). It also recognizes that a woman of higher social standing can buy herself a husband on her terms. Cf. Tosefta ki-Fshutah, part 6, p. 244.. Not only that, but that she should feed and provide for him and teach him Torah⁵⁸This may mean that she pays for him so he can go and study full time. However, R. Petaḥya of Regensburg reports that a daughter of the Gaon of Baghdad was a lecturer in his Academy, and the Yerushalmi looks approvingly on women’s Torah study; cf. Berakhot 3:3, Note 137.. It happened that Rebbi Joshua, son of Rebbi Aqiba, married a woman and stipulated with her not to feed her and not to provide for her. Not only that, but that she should feed and provide for him and teach him Torah. But when years of famine came and they distributed the properties among themselves⁵⁹It is not clear what this means; it could be that her family’s property was distributed among the heirs and her part was no longer sufficient., she started complaining about him to the Sages of Israel. He⁶⁰R. Aqiba’s son said to the Sages. said to them, for me she is trustworthy more than anybody. She told them, it is true that thus I stipulated with him. [They said to her]⁶¹Inserted from the Tosephta, not in the Yerushalmi text., nothing comes after acquisition⁶²Since there are contracts written for the future, such as the ketubah, the execution of the contract alone does not make it valid or irrevocable. For this it needs an act of acquisition, exemplified by Ruth 4:7, where the acquirer (Boaz) takes his sandal and lets the seller (the redeemer) move it in front of witnesses. {In the Tosephta, the expression is קיצה “contract”.} After acquisition, a contract can only be modified by a written rider agreed to by the parties..”

HALAKHAH: “Guaranteed properties,” etc. In earlier times, transfer of possession was effected by taking off a shoe. That is what is written⁴⁷⁵Ruth 4:7.: “This was earlier in Israel about redemption and exchange, a person would take off his shoe.” Who took it off? There, they say Rav and Levi⁴⁷⁶In the Babli, Baba meṣia‘ 47a, the first opinion is attributed to Rav, the second to Levi. In the Babli, the transaction is not considered as archaic but as current practice, meaning that claims can be validly transferred following Rav when the transferrer moves some of the acquirer’s movable property., one said the acquirer, and one said the transferer. It turns out that this disagreement parallels the following disagreement which was stated: Boaz was giving to the redeemer; Rebbi Jehudah said that the redeemer gave to Boaz.