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Week 64 - Monday - 12 February 2001

KETUBOT: CHAPTER 7: MISHNAH 6

And these are divorced without a ketubah: she who transgresses the Law of Moses, and Jewish. And what is the Law of Moses? She serves him untithed food, or cohabits with him while menstruant, and does not separate hallah, or vows and does not fulfill. And which is Jewish custom? She goes out with her hair uncovered, or spins in the street, or talks to any man. Abba Shaul says, Also if she curses his parents in his presence. Rabbi Tarfon says, Also a screamer. And who is a screamer? One who speaks inside her house and her neighbors hear her voice.

Kehati

In the preceding mishnayot we learned that "one who restricts his wife by vow" must divorce her and give her her ketubah, i.e., she can demand a get without forfeiting her ketubah. Our mishnah deals with the case of a woman whose husband divorces her without having to pay her ketubah.

And these -- women, for the reasons listed below, are divorced without a ketubah -- the husband may divorce them, and he is exempt from paying them their ketubah:

She who transgresses the Law of Moses -- the Torah, as will be explained below in the mishnah: i.e., she causes him to transgress Torah prohibitions, so that he cannot rely on her in matters in which a man customarily relies upon his wife, and -- similarly, a woman who transgresses Jewish -- custom, i.e., the modest behaviour practiced by Jewish women, which is not written in the Torah.

And what is -- who is considered a woman who transgresses -- the Law of Moses? She serves him -- her husband -- untithed food -- i.e., from which terumot and ma'aserot had not been separated -- the Gemara explains that she says to her husband, "A certain person set aside terumot and ma'aserot from our grain pile and from our fruits," and he believes her, and later he asks that person and learns that she lied to him; or cohabits with him while menstruant -- e.g., she tells her husband that she is ritually clean and he cohabits with her and he subsequently learns from her neighbours that she was in fact a menstruant (Gemara); or she does not separate hallah -- from the dough (see Num. 15:20), and yet serves it to her husband. The Gemara associates this with a case in which she says, "A certain person had rendered the dough fit by taking hallah, and he eats thereof, and he learns that she lied to him; or she vows and does not fulfill -- a sin which causes children to die, as it is written, "Do not permit your mouth to bring your flesh into guilt ... why should God be angry at your voice, and destroy the work of your hands?" (Eccl. 5:5) -- what is meant by the work of a man's hands? his sons and his daughters (Ket. 72a).

And which is -- a woman who transgresses -- Jewish custom? She goes out -- into the street, with her hair uncovered -- the Gemara asks: surely going out with her hair uncovered is a transgression of Torah law, as is written regarding the sotah (see Num. 5:12ff.), "He uncovers the woman's head" (Num. 5:18), and a Tanna of the school of Rabbi Yishmael taught: this warns the daughters of Israel not to go out with uncovered hair. The Gemara answers that our mishnah indeed refers to a woman who covers her hair in a way that satisfies the Torah law, but by prevalent standards is insufficient for going into the street, and thus conflicts with the Jewish norm; or she spins in the marketplace -- and behaves immodestly while she labours; or she talks to every man -- the Gemara (Ket. 72b) explains that she jests with young men. Some say that this does not imply actual jesting, but rather sharing the company of young men and indulging in idle conversation (Ritva).

Abba Shaul says, Also if she curses his parents -- lit. those who begot him -- in his presence. Rabbi Tarfon says, Also a screamer -- is included among those transgressing Jewish custom, and is divorced without the paying of her ketubah. And who is a screamer? One who speaks inside her house and her neighbours hear her voice -- the Gemara explains that she raises her voice concerning marital relations, i.e, she quarrels with him about her conjugal rights which embarrasses him (Rashi).

KETUBOT: CHAPTER 7: MISHNAH 7

If one betroths a woman on condition that she is not bound by vows, and it is found that she is bound by vows -- she is not betrothed. If he wed her without specifying, and it is found that she is bound by vows -- she is divorced without a ketubah. On condition that she has no defects, and defects were found in her -- she is not betrothed. If he wed her without specifying, and defects were found in her -- she is divorced without a ketubah. All defects that disqualify kohanim, disqualify women.

Kehati

This mishnah, found in Tractate Kiddushin (2:5), appears in our Tractate in continuation of the preceding mishnah, which teaches the laws of women who are divorced and forfeit their ketubah. Our mishnah teaches that if a woman is married and her husband learns that she is bound by vows or that she possesses bodily defects, she loses her ketubah.

If one betroths a woman on condition that she is not bound by vows, and it is found that she is bound by vows -- the Gemara explains: "To what kind of vows does the mishnah refer? That she will not eat meat; and that she will not drink wine; and that she will not adorn herself in coloured clothing," to which the husband usually objects -- she is not betrothed -- the kiddushin does not take effect since his condition was not fulfilled.

If he wed her without specifying, and it is found that she is bound by vows -- of the kind mentioned above, about which a husband is particular, she is divorced without a ketubah -- the Gemara explains that even if he betrothed her on condition that she is not bound by vows, and later wed her without stipulating any conditions, she requires a get from him; since having wed her, we say that a person does not turn marital relations into a wanton act, so that he no doubt waived his condition, and cohabited with her in order to effect kiddushin, even if she happens to be bound by vows; hence, she may not remarry without a get. Nevertheless, she loses her ketubah, since the husband may declare that he did not waive his financial condition, and the burden of proof lies on the claimant. Similarly, if he betrothed her without specifying, and it is later found that she is bound by vows, she is divorced and forfeits her ketubah, since the husband may declare, "I do not want a wife who habitually takes vows, and hence mine was an erroneous acquisition"; Nevertheless, because of her doubtful status, she requires a get. So, too, if a person betroths a woman on condition that she has no -- bodily -- defects, and defects -- which disqualify women, as will be explained below, were found in her -- she is not betrothed -- her kiddushin does not take effect, since his condition was not fulfilled.

If he wed her without specifying, and defects were found in her -- and the husband claims his acquisition to be erroneous, she is divorced without a ketubah -- even if he betrothed her without specifying and he wed her without specifying, or he betrothed her on condition that she has no defects and wed her without specifying. However, because of her doubtful status she requires a get and he need not pay her the ketubah, as explained above regarding vows.

All defects that disqualify kohanim -- those listed in Tractate Bekhorot, (Chap. 7) since kohanim who have these defects are rendered unfit to serve in the Temple, as it is written, (Lev. 21:17), "Whoever he be of your seed throughout their generations that has a blemish, let him not approach" -- disqualify women -- i.e., if they are found in a woman whose husband wed her without specifying, she is divorced without receiving her ketubah; but if she was betrothed on condition that she has no defects, and has not yet wed, or she wed and the husband reiterated his vow at the time of the marriage, she does not even require a get, since her betrothal was erroneous.

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