Daf Yomi - Kesuvos 71 - Highlights

Rabbi Yehudah’s Opinion

The Mishna had stated (regarding one who had made a vow prohibiting his wife from deriving any pleasure from him until thirty days): Rabbi Yehudah said: If he is a Yisroel, he can keep her as a wife and she is required to be supported through a steward; if he is a Kohen, he can keep her as a wife even if the term of the vow was until two months (we are more lenient because after she is divorced, he cannot remarry her later).

The Gemora asks: Aren’t the Tanna Kamma and Rabbi Yehudah stating the same opinion?

Abaye answers: Rabbi Yehudah is teaching us the halacha regarding the wife of a Kohen.

Rava answers: The difference between them is concerning a full month or a deficient month (the Tanna Kamma maintains that the appointed steward supports her for thirty days, whereas Rabbi Yehudah holds that he should sustain her for only twenty-nine days). (71a)

Unspecified Amount

Rav said: The halacha that the husband may support his wife through an appointed steward is only applicable when the husband specified a term for his vow (less than thirty days); however, if he did not specify any amount, he must divorce her immediately and give her the kesuvah. Shmuel said: Even in this case, he is not required to divorce her immediately, for perhaps, he will find an opening for his vow (and a Chacham will thereby, release him from his vow).

The Gemora asks: Didn’t Rav and Shmuel have this exact dispute a different time (why do they argue twice regarding the same issue)? For we learned in a Mishna: If one vowed, prohibiting his wife to have conjugal relations with him, Beis Shamai say: Two weeks (if the vow is for longer than this period, it is the duty of the husband either to have his vow disallowed or to release his wife by divorce). Beis Hillel say: One week. And Rav said: The argument is only applicable when the husband specified a term for his vow (one or two weeks); however, if he did not specify any amount, he must divorce her immediately and give her the kesuvah. Shmuel said: Even in this case, he is not required to divorce her immediately, for perhaps, he will find an opening for his vow (and a Chacham will thereby, release him from his vow).

The Gemora answers: It was necessary for them to argue in both instances. For if they would have argued only by the case of the marital relations, that is where Rav would say that he must divorce her immediately because the option of an appointed steward is not available; however, by the case of the vow prohibiting benefit, where it is possible to sustain her through a steward, perhaps Rav would agree to Shmuel. And if they would have argued only in the case of the vow prohibiting benefit, perhaps that is where Shmuel would say that he is not required to divorce her immediately, it is possible to sustain her through a steward; however, by the case of the marital relations, where the option of an appointed steward is not available, perhaps Shmuel would agree to Rav. Therefore, the Gemora concludes that both arguments were necessary. (71a)

Put her Finger Between Her Teeth

The Gemora asks on Shmuel from our Mishna: One who vows that his wife not eat from a certain type of fruit is required to divorce his wife and give her a kesuvah. Now, according to Rav, we can explain this part of the Mishna to be referring to a case where the term of vow was unspecified and therefore, he is required to divorce her immediately. The first part of the Mishna is dealing with a case where he specified a certain period of time. However, according to Shmuel, why, in this latter case, is he required to divorce her immediately?

The Gemora answers: The case we are dealing with is where the wife pronounced the vow and the husband upheld it (there is no reason to wait and see if the wife will go to a Chacham to release her from the vow). And Rabbi Meir maintains that it is “he who put her finger between her teeth” (i.e. it is the husband’s fault because he could have annulled her vow), and therefore, she may demand to be divorced.

The Gemora asks: Does Rabbi Meir actually hold that it is “he who put her finger between her teeth”? But we learned in the following braisa: If a woman made a vow of a nazirus (which would forbid her from drinking wine or eating anything which has grapes as an ingredient) and her husband heard of it and did not annul it, Rabbi Meir and Rabbi Yehudah said: It is “she who has thereby put her own finger between her teeth.” Therefore, if the husband wishes to annul her vow, he may do so. But if he said: I do not want a wife who is accustomed to taking vows, she may be divorced without receiving her kesuvah. Rabbi Yosi and Rabbi Elozar said: It is “he who has put his finger between her teeth.” Therefore, if the husband wishes to annul her vow, he may do so. But if he said: I do not want a wife who is accustomed to taking vows, she may be divorced, but she does receive her kesuvah. (Thus we see that Rabbi Meir maintains that the wife is the one who “put her finger between her teeth”?)

The Gemora answers: Reverse their opinions: Rabbi Meir and Rabbi Yehudah said: “He has put” and Rabbi Yosi and Rabbi Elozar said: “She has put.”

The Gemora asks: But does Rabbi Yosi actually hold that it is “she who put her finger between her teeth”? But we learned in our Mishna: Rabbi Yosi said: If she was a poor woman, he is required to divorce her only if the vow was uttered without specifying a time limit. (This is referring to a case where she pronounced the vow and her husband upheld it, and if she did specify a time limit, she may demand a divorce. Thus, we see that Rabbi Yosi maintains that it is “he who put her finger between her teeth”?)

The Gemora answers: We are compelled to emend the opinions once again, and the following is what the braisa should have said: Rabbi Meir and Rabbi Yosi said: “He has put” and Rabbi Yehudah and Rabbi Elozar said: “She has put.”

The Gemora asks: But does Rabbi Yehudah actually hold that it is “she who put her finger between her teeth”? But we learned in our Mishna: Rabbi Yehudah said: If he is a Yisroel and the vow was only for one day, he can keep her as a wife (however, if it was for two days or more, he divorces her and gives her the kesuvah; once again, according to Shmuel, this is a case where she pronounced the vow and he upheld it; it emerges that Rabbi Yehudah also holds that it is “he who has put her finger between her teeth”)?

The Gemora emends the braisa to read as follows: Rabbi Meir, Rabbi Yehudah and Rabbi Yosi said: “He has put” and Rabbi Elozar said: “She has put.”

Alternatively, if you insist that the braisa taught the opinions in pairs, you can say that Rabbi Meir and Rabbi Elozar said: “She has put” and Rabbi Yehudah and Rabbi Yosi said: “He has put,” and our anonymous Mishna will not be in accordance with Rabbi Meir (although the reverse is usually the case). (71a)

The Gemora asks: (According to Shmuel, the Mishna is referring to a case where she pronounced the vow and he upheld it) Rabbi Yosi holds that a poor woman, where a time limit was not specified (she pronounced a vow against using perfume; the husband is required to divorce her), evidently, the husband should have annulled the vow (and by refraining from doing so, it is his responsibility). The following braisa would seemingly contradict this: These are the vows which a husband may annul: Vows which involve personal affliction. For instance, if a woman said, “If I bathe,” or “If I do not bathe; “If I use adornments,” or “If I do not use adornments.” Rabbi Yosi said: These are not regarded as vows involving personal affliction. Rather, the following are vows that involve personal affliction: “I shall not eat meat,” or “I shall not drink wine,” or “I shall not adorn myself with colored clothing.” (It emerges that a vow regarding perfumes is not considered a personal affliction and the husband cannot annul such a vow!?)

The Gemora answers: Our Mishna is discussing adornments that are between him and her (a powder, for instance, for the removal of pubic hair; a woman’s abstention from the use of such kinds of cosmetics or adornments are regarded as things affecting their intimate relations and such vows are regarded as a personal affliction and may be annulled by a husband).

The Gemora asks: This is understandable according to the opinion who maintains that a husband may annul a vow which concerns matters that are between him and her; however, what is there to say according to the opinion who holds that a husband may not annul a vow which concerns matters that are between him and her? For we learned as follows: Concerning matters that are between him and her, Rav Huna said: A husband may annul such a vow and Rav Adda bar Ahavah said: He cannot, for we never found that a fox died in his own foxhole (a proverb meaning that one is not injured by an element to which one is accustomed; the husband being accustomed to his wife’s intimate parts, will not damage himself by her excess pubic hair; since the intimate relations of husband and wife are not affected by such a vow, the husband has no right to invalidate them; how, then, can he be penalized in the case of the adornments spoken of in our Mishna)?

The Gemora answers: We are dealing with a case where she made her cohabitation dependent upon her use of adornments, by saying: The enjoyment of cohabitation with you shall be forbidden to me should I ever make use of any adornment. (This vow, obviously, may be annulled by the husband since it effects their marital relations.)

This vow takes effect according to Rav Kahana, for Rav Kahana said: If a wife pronounces the following vow: The enjoyment of cohabitation with me shall be forbidden to you, we force her to cohabit with him (since the husband has a legal right to have pleasure in his marital relations, and such a vow has no validity). However, if she pronounces: The enjoyment of cohabitation with you shall be forbidden to me, he may annul the vow (since the vow was directed towards her pleasure, it takes effect; and we cannot force her to have relations with him) since we may not feed a person something that is forbidden to him (in our case, it would be forbidden to her).

The Gemora asks: But in our case (where she made her cohabitation dependent upon her use of adornments, by saying: The enjoyment of cohabitation with you shall be forbidden to me should I ever make use of any adornment), let her not adorn herself and she will not become forbidden to have relations with him (and therefore, it should not be regarded as a vow that involves matters that are between him and her, and consequently, the husband should not be allowed to annul such a vow)?

The Gemora answers: If so (that she will not adorn herself), she will be referred to as a repulsive woman (and since she eventually will adorn herself, it is regarded as a vow that involves matters that are between him and her).

The Gemora asks: Let her adorn herself and become forbidden to partake in relations with him, and according to Beis Shamai, this should be for two weeks and according to Beis Hillel, it should be for one week (why is he required to divorce her immediately)?

The Gemora answers: The dispute between Beis Shamai and Beis Hillel applies only to a case where the husband has forbidden her by a vow because in such circumstances she thinks: He may have been angry with me, but he will eventually calm down. Here, however, since she has made the vow and he remained silent, she comes to the following conclusion: Since he remained silent, he must indeed hate me (and therefore, he divorces her immediately). (71a – 71b)

Time Limit

The Mishna had stated: Rabbi Yosi said: If she was a poor woman, he is required to divorce her only if the vow was uttered without specifying a time limit.

The Gemora asks: How long of a time is considered as if there was a term limit specified (and within that time, he would not be required to divorce her)?

Rav Yehudah said in the name of Shmuel: It is twelve months.

Rabbah bar bar Chanah said in the name of Rabbi Yochanan: It is ten years.

Rav Chisda said: It is until the festival, but not including the festival since it is common for a Jewish girl to adorn herself during the festival. (71b)

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