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Week 64 - Sunday - 11 February 2001

KETUBOT: CHAPTER 7: MISHNAH 4

One who restricts his wife by vow that she not go to her father's house: when he is with her in the city -- one month he keeps, two -- he must divorce her and give her her ketubah; but when he is in another city -- one Festival he keeps, three -- he must divorce her and give her her ketubah.

Kehati

Our mishnah continues to discuss (according to some commentators) vows taken by a woman and confirmed by her husband, as outlined in the previous two mishnayot. This mishnah, however, deals with a case in which a woman confines her vow to a set period.

One who restricts his wife by vow that she not go to her father's house: -- a woman took a vow that she would not go to her father's house, e.g., by saying to her husband, "May the pleasure of sexual intercourse with you be prohibited to me if I go to my father's house," in which case the husband may annul her vow, but did not do so, when he is with her in the city -- if her father lives in the same town, and she is accustomed to visit him frequently -- if she vowed not to visit him for up to one month, he the husband -- keeps -- her, and need not divorce her, two -- months, i.e., if her vow is for more than one month, he must divorce her and give her her ketubah -- immediately. The same applies to a woman who takes an unspecified vow (according to the opinion of Shemuel in the Gemara, as cited above, [7:1]), but when he -- her father, is -- living -- in another city -- and she is accustomed to visit him only on the Festivals, if she vows not to go to her father's house one Festival, he -- her husband, keeps -- her, and does not divorce her; but if she vows not to go for three -- Festivals, he must divorce her and give her her ketubah -- the Gemara explains that the last section of the mishnah refers to the wife of a kohen, and is according to Rabbi Yehudah, who distinguishes between the wife of an Israelite and the wife of a kohen (as explained above, 7:1). The mishnah should read as follows: "one Festival he keeps, two -- he must divorce and give a ketubah; and in the case of the wife of a kohen -- two he keeps, three -- he must divorce and give her her ketubah."

Some commentators interpret this mishnah literally, i.e., the husband restricted his wife by vow from going to her father's house, e.g., by saying to his wife, "May the pleasure of sexual intercourse with you be prohibited to me if you will go to your father's house," in which case the vow takes effect. This mishnah can be interpreted literally both according to Rav and according to Shemuel (cited above, mishnah 1); according to Rav, however, our mishnah implies a case where he specifies for what period of time he limited her by vow, since in the case of an unspecified vow, (according to Rav) he must divorce her immediately and pay her her ketubah. We then read the mishnah thus: "when he is with her in the city -- one month" -- if he restricts her by vow for one month, he keeps her; "two" -- i.e., he restricts her by vow for more than one month, "he must divorce her and give her her ketubah" -- immediately. "And when he is in another city -- one Festival" -- if he restricted her by vow for one Festival, "he keeps" her, but if he restricted her by vow for two Festivals, he must divorce her and pay the ketubah. According to Shemuel, the mishnah may refer to a case where he did not specify the duration of the vow, and the mishnah reads as follows: "when he is with her in the city," up to "one month he keeps" her, "two" -- i.e., when the second month began, and his vow is still in effect, "he must divorce her and pay the ketubah"; and similarly, in the last section of the mishnah (Hameiri; Tosafot Rid; Shitah Mekubetzet).

KETUBOT: CHAPTER 7: MISHNAH 5

One who restricts his wife by vow that she not go to the house of mourning, or to the house of feasting -- must divorce her and give her her ketubah, because he closes before her. But if he claimed, "Because of another matter" -- he is permitted. If he said to her, "On condition that you shall say to so-and-so what you said to me, or what I said to you"; or, "that you fill, and pour it out on the garbage" -- he must divorce her and give her her ketubah.

Kehati

Our mishnah lists further instances (according to Shmuel) of a woman whose vows are confirmed by her husband; it deals with vows which cause a woman to become isolated from society or to appear foolish.

One who restricts his wife by vow -- by confirming her vow, that she not go to the house of mourning -- to console the bereaved, or to the house of feasting -- e.g., to a wedding celebration must divorce her and give her her ketubah -- immediately, because he closes before her -- the "doors" of consolation and rejoicing, since if she does not share the mourning and rejoicing of others, they will not participate in her's.

But if he -- her husband, claimed -- that he confirmed her vow, "Because of another matter" -- e.g., because dissolute people are known to visit these places, he is permitted -- to either confirm or annul her vow, and he need not divorce her.

If he -- the husband, said to her -- his wife: "I annul your vow, on condition that you shall say to so-and-so what you said to me, or what I said to you" -- and these entail degradation (Gemara); or -- if he said to her, "On condition that you fill -- a container with water, and pour it out on the garbage -- which makes her appear foolish; according to another opinion in the Gemara, this refers to the destruction of the sperm after engaging in intercourse so as to prevent conception, he must divorce her, and give her -- pay her the sum of -- her ketubah.

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