אמר רב יוסף אמר איש פלוני בני בכורי הוא נוטל פי שנים איש פלוני בכור הוא אינו נוטל פי שנים דלמא בוכרא דאמא קאמר
<b><i>GEMARA</i></b>. [Must] it be said [that] our Mishnah<span class="x" onmousemove="('comment',' Which forbids any stipulation that is contrary to a law of the Torah.
');"><sup>24</sup></span> is not in accordance with R. Judah? For, if [it be suggested that it is in accordance with] R. Judah. surely he said, [it may be asked]. [that] in money matters one's stipulation is valid'.<span class="x" onmousemove="('comment',' Even if it is contrary to a law of the Torah Since our Mishnah deals with money matters and yet it is stated that one's stipulation that is contrary to the Torah, is invalid, it obviously cannot agree with R. Judah's view.
');"><sup>25</sup></span> For it was taught: If a man said to a woman, 'Behold thou art consecrated unto me<span class="x" onmousemove="('comment',' The formula of marriage used by the bridegroom is, 'Behold, thou art consecrated unto me by this ring according to the law of Moses and Israel'.
');"><sup>26</sup></span>
Tosefta Kiddushin
"[Be betrothed to me] with the understanding that if I die you will not bound to a levir"—she is betrothed but his stipulation is invalid, for he stipulated against what was written in the Torah, and anyone who stipulates against what is written in the Torah, his stipulation is invalid. "With the understanding that I will have no responsibility for you for clothing or sex"—she is betrothed but his stipulation is invalid. This is the pneumonic: Anyone who stipulates against what is written in the Torah regarding a monetary matter—his stipulation stands; with a non-monetary matter—his stipulation is invalid.
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Tosefta Ketubot
Rabbi Yehudah says: [The husband] can always eat the fruits' fruit [i.e. the interest's interest, even if he said in the ketubah that he gives up access to the fruit from her property]. How so? He can sell the fruit and buy with [that money] land, and he can eat the fruit. Rabban Shimon ben Gamliel and Rabbi Yohanan ben Berokah say: If she dies, he inherits it [the fruit, even if he said he wouldn't have access to it in the ketubah], for she made a stipulation against what was written in the Torah and anyone who stipulates against what is written in the Torah, his stipulation is null and void.
