Daf Yomi - Kesuvos 72 - Highlights

Mishna

The Mishna states: One who restricts his wife by a vow that she should not go to her father’s house, this is the halacha: When her father is with her in the city, if the term was for less than a month, he keeps her, but if the vow was for two months (more than one month), he is required to divorce her and give her the kesuvah (since it is customary for the wife to visit him frequently). When her father is in another city, if the term was for one festival, he keeps her, but if the vow was for three festivals, he is required to divorce her and give her the kesuvah.

One who restricts his wife by a vow that she should not go to a mourner’s house or a wedding, he is required to divorce her and give her the kesuvah, because he is in essence “locking the door in front of her.” If the husband claims that he made this vow because of “something else” (the Gemora will define this term), he is permitted to do so (and she may not demand a divorce).

If the husband tells her: On the condition that you tell So-and-So what you told me, or (he said) what I told you, or that you fill up or pour into the garbage, he is required to divorce her and give her the kesuvah. (71b)

Two Festivals

The Gemora asks: The Mishna had stated that if the term was for one festival, he may keep her. We can infer from here that if the term was for two festivals, he would be required to divorce her. Then, the Mishna rules that if the term was for three festivals, he is required to divorce her. We can infer from here that if the term was for two festivals, he may keep her as a wife. These implicit rulings are contradictory!

Abaye answers: The second ruling is dealing with the wife of a Kohen, and it is following the opinion of Rabbi Yehudah (who allots extra time for the term of the vow before he would be required to divorce her).

Rabbah bar Ula answers: The first ruling of the Mishna is referring to a woman who is anxious to go to her father’s house, whereas the second ruling of the Mishna is referring to a woman who is not so anxious (and therefore, even a vow with the term of two festivals would not be grounds for divorce). (71b)

Mourning for Others
The Mishna had stated: One who restricts his wife by a vow that she should not go to a mourner’s house or a wedding, he is required to divorce her and give her the kesuvah, because he is in essence “locking the door in front of her.”

The Gemora asks: We can understand why it is regarded as “locking the door in front of her,” when he forbids her to attend a wedding. But why are we so concerned by the fact that she cannot go to a mourner’s house?

The Gemora answers: If she does not participate in the mourning of others, they will not come to eulogize her, or they will not come to bury her.

The Gemora cites a related braisa: Rabbi Meir used to say: It is written [Koheles 7:2]: It is better to go to the house of mourning than to go to a house of feasting, for that is the end of all man, and the living should take it to heart. What does the last part of the verse mean? The living should take to heart matters connected with death.

The Gemora explains the reward for those who eulogize the dead: One who eulogizes over the dead, others will eulogize over him. One who buries the dead, others will bury him. One who cries for the dead, others will cry for him. One who accompanies the dead, others will accompany him. One who carries the dead, others will carry him. (71b – 72a)
Dissolute People at the Wedding
The Mishna had stated: If the husband claims that he made this vow because of “something else,” he is permitted to do so (and she may not demand a divorce).

The Gemora asks: What does the Mishna mean when it says “something else”?

Rav Yehudah said in the name of Shmuel: He claimed that there were promiscuous people there, and that is why he did not want her to attend.

Rav Ashi says: His claim is only legitimate if it has been substantiated that these people were there, but otherwise, we would not believe him. (72a)
Fill Up and Pour into the Garbage
The Mishna had stated: If the husband tells her: On the condition that you tell So-and-So what you told me, or (he said) what I told you, or that you fill up or pour into the garbage, he is required to divorce her and give her the kesuvah.

The Gemora asks: Why don’t we tell her to fill up or pour into the garbage?

Rav Yehudah said in the name of Shmuel: The Mishna is not to be taken literally. Rather, it is a euphemism for filling herself with his seed and then pouring it out (vigorous exercise after cohabitation in order to prevent conception).

The Gemora cites a braisa: The meaning of the vow is that she should fill ten pitchers of water and spill them into the garbage.

The Gemora asks: Why is he required to divorce her and give her the kesuvah; let her do it!?

Rabbah bar bar Chana answers in the name of Rabbi Yochanan: By doing so, she will appear foolish. (72b)
Bad Reputation
Rav Kahana said: If a man restricts his wife with a vow that she shall neither borrow nor lend a fine or a coarse sieve, a mill or an oven, he is required to divorce her and give her the kesuvah, because if she would she fulfill the vow, it would give her a bad reputation among her neighbors.

The Gemora cites a braisa which supports Rav Kahana: If a man restricts his wife with a vow that she shall neither borrow nor lend a fine or a coarse sieve, a mill or an oven, he is required to divorce her and give her the kesuvah, because if she would she fulfill the vow, it would give her a bad reputation among her neighbors. Similarly, if she vowed that she shall neither borrow nor lend a fine or a coarse sieve, a mill or an oven, or that she shall not weave beautiful garments for his children, she may be divorced without receiving her kesuvah, because she gives him a bad name among his neighbors (since they will say that he is stingy). (72a)
Mishna
The Mishna states: And these are divorced without receiving a kesuvah: She who transgresses the laws of Moshe or the Jewish customs. And what are the laws of Moshe? She serves him untithed food, or cohabits with him while she is a niddah, or if she does not separate challah from bread, or if she makes vows and does not fulfill them. And what are the Jewish customs? She goes out with her hair uncovered, or spins in the street, or talks to every man. Abba Shaul says: Also if she curses his parents in his presence. Rabbi Tarfon says: Also one who screams. And who is regarded as a screamer? One who speaks inside her house and her neighbors hear her voice. (72a)
Explaining the Mishna
The Mishna had stated: If she serves him untithed food, she may be divorced without receiving her kesuvah.

The Gemora asks: How are we to understand this? If the husband knows the fact, let him abstain? And if he does not know, how did he discover it?

The Gemora answers: The Mishna is discussing a case where she told him, “'So-and-So, the Rabbi has ruled that the blood was tahor for me,” and he went and asked him and her statement was discovered to be untrue.

Alternatively, the Gemora answers that it can be in accordance with Rav Yehudah who says that a woman, who was established by her neighbors to be a niddah (based upon the clothing that she was wearing), her husband will receive lashes if he cohabits with her.

The Mishna had stated: If she cohabits with him while she is a niddah, she may be divorced without receiving her kesuvah.

The Gemora asks: How are we to understand this? If the husband knows the fact, let him abstain? And if he does not know, let us now rely on her statement that she was not a niddah at that time?

The Gemora cites a Scriptural source which indicates that a woman is believed in this regard.

The Gemora answers: The Mishna is discussing a case where she told him, “'So-and-So, the Kohen has tithed the pile of grain for me,” and he went and asked him and her statement was discovered to be untrue.

The Mishna had stated: If she does not separate challah from bread, she may be divorced without receiving her kesuvah.

The Gemora asks: How are we to understand this? If the husband knows the fact, let him separate the challah himself? And if he does not know, how did he discover it?

The Gemora answers: The Mishna is discussing a case where she told him, “'So-and-So, a kneader separated the challah for me,” and he went and asked him and her statement was discovered to be untrue.

The Mishna had stated: If she makes vows and does not fulfill them, she may be divorced without receiving her kesuvah.

This transgression effects her marriage as the master said: One’s children will die young for the sin of not fulfilling one’s vows. As the verse states: Do not let your mouth cause your flesh to sin, and do not say before the angel that it was unintentional; why should Hashem be angry at your voice, and He will destroy your handiwork? A person’s handiwork is his children, and if he does not fulfill his vows, Hashem will take his children from him. (72a)
Violating Her Vows
The Gemora cites a braisa: Rabbi Meir said: Any man who knows that his wife makes vows and does not fulfill them should impose (the same) vows upon her again.

The Gemora asks: You say that he should impose the same vows upon her again? How will this be a remedy?

The Gemora answers: Rather, say that he should provoke her again in order that she should make her vows in his presence and he would thus be able to annul them.

They, however, said to him: No one can live with a serpent in the same basket (she will eventually pronounce a vow without him annulling it and she will then proceed to violate it).

The Gemora cites a related braisa: Rabbi Yehudah said: Any husband, who knows that his wife does not properly separate challah from the dough that she bakes, should separate it himself again after her.

They, however, said to him: No one can live with a serpent in the same basket.

The Gemora notes: He who taught it (that the husband can protect the marriage) in connection with this case (the challah) would certainly apply it with even greater force to the other case (the wife who violates her vows). He, however, who taught it in connection with the other case applies it to that case only, but not to this one (the challah), because it might sometimes happen that he would eat from bread that has not been separated (since she bakes all the time). (72a)
Uncovered Head
The Mishna had stated: And what are the Jewish customs? She goes out with her hair uncovered.

The Gemora asks: Isn’t going out with her hair uncovered a Biblical prohibition?

The Gemora answers: Biblically, it would have been sufficient if she had covered her head with a head-basket (where some of her hair would have shown through the spaces; the Jewish custom would require a complete covering).

Rabbi Assi said in the name of Rabbi Yochanan: A woman, who goes out wearing a head-basket, is not violating the prohibition of going out with one’s head uncovered.

Rabbi Zeira asked: Where is she going? If she is going into the public street, the Jewish custom is that her head must be completely covered? Rather, we are obviously talking about a courtyard. But, if so (that you are ruling that she must be wearing some type of head-covering), you will not leave our father Avraham a single daughter who could remain with her husband (since it was common for all married women go about in their court-yards with uncovered heads)!

Abaye said, and other say: Rav Kahana said: She was going from one courtyard to another courtyard through an alley (since fewer people frequent an alley, it would not have been included in the restrictions of a public street, yet it is not considered sufficiently private to allow the woman to go about there with her head completely uncovered). (72a – 72b)
Spinning in the Street
The Mishna had stated: And what are the Jewish customs? She goes out with her hair uncovered or she spins in the street.

Rav Yehudah said in the name of Shmuel: She uncovers her arms to the men as she spins.

Rav Chisda said in the name of Avimi: As she is spinning the thread, the thread extends to her thigh area (calling intention to her private parts). (72b)
Talks to Every Man
The Mishna had stated: And what are the Jewish customs? She goes out with her hair uncovered, or spins in the street, or talks to every man.

Rav Yehudah said in the name of Shmuel: Talking to men is referring to a woman who is flirting with young men.

The Gemora records an incident: Rabbah bar bar Chanah said: I was once walking behind Rav Ukva when I observed an Arab woman who was sitting, casting her spindle and spinning, and she extended the thread to her thighs. When she saw us, she detached the spindle from the thread, threw it down and said to me, “Young man, hand me my spindle.” Rav Ukva made a statement concerning her behavior. What was that statement? Ravina replied: He spoke of her as a woman who spins in the street. The Rabbis said: He spoke of her as one who talks to every man. (72b)

Cursing his Parents
The Mishna had stated: Abba Shaul says: Also if she curses his parents in his presence.

Rav Yehudah said in the name of Shmuel: This includes also one who curses her husband’s parents in the presence of his offspring; and your mnemonic (that grandsons are like sons) sign is: Ephraim and Menasheh shall be to me as Reuven and Shimon.

Rabbah explained: For instance, when she said in the presence of her husband’s son, “May a lion devour your grandfather.” (72b)
A Screamer
The Mishna had stated: Rabbi Tarfon says: Also one who screams.

The Gemora asks: And who is regarded as a screamer?

Rav Yehudah said in the name of Shmuel: She raises her voice concerning marital relations.

It was taught in a braisa: A screaming woman is one, who while engaging in marital relations with her husband in one courtyard, can be heard (screaming due to the pain) in another courtyard.

The Gemora asks: If so, this case should be included in the Mishna that deals with blemishes?

Rather, it is clear that the explanation is in the manner that we initially answered. (72b)

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