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Week 63 - Friday - 9 February 2001

KETUBOT: CHAPTER 6: MISHNAH 7

One who deposits money for his daughter, and she says, "I trust my husband" -- the trustee does what he was assigned to do; So Rabbi Meir. Rabbi Yose says, But if it is only a field, and she wishes to sell it -- then it is sold from now! To what does this refer? To a woman who is of age. But a minor -- the act of a minor is meaningless.

Kehati

The previous mishnah having taught the law of an orphan given in marriage by the heirs, our mishnah deals with an orphan whose father had deposited money with a trustee for the purchase of property or for a dowry to cover his daughter's marriage requirements. The Tannaim disagree as to whether such a trustee is permitted to transmit this sum to the husband, in accordance with the daughter's wishes, or whether he must execute the deceased father's instructions.

One who deposits -- transmits to a trustee money for -- the needs of -- his daughter -- for the purchase of property to provide a dowry for her wedding, and the father died, and -- after betrothal (tosefot) -- she says -- to the trustee -- "I trust my husband" -- i.e., my bridegroom (arus) to execute my father's orders, and therefore deliver the money to him; Rambam, however, explains: grant the money to my husband, and let him act as he pleases -- the trustee does what he was assigned to do -- by the bride's father, and he must not deliver the money to her husband; So Rabbi Meir -- According to the Gemara Rabbi Meir believes that it is imperative to fulfill the deceased's instructions, even when uttered while he was healthy (the words of a critically ill person being as though they were "written and transmitted."

Rabbi Yose says, But if it is only a field -- if he had used the money to buy her a field and gave her the field, and she wishes to sell it -- and deliver the money to her husband, then it is sold from now -- i.e., she may sell it immediately so that the purchase of the field by the trustee achieved nothing; we therefore accept her request and transmit the money to her husband (Tosefot Yom Tov). Melekhet Shelomo interprets it thus: if the field purchased by the trustee with the money were before us, and she wished to sell it, could she not do so? "Then it is sold from now" -- we consider the field as instantly sold, and the money in her possession; we listen to her, and the trustee may give the money to her husband.

To what does this -- the disagreement between Rabbi Yose and Rabbi Meir, refer? To a woman who is of age -- during the betrothal. After she marries, however, Rabbi Meir agrees that we listen to her because we say that the father only intended to deposit the money with the trustee until the time of marriage, after which the husband is entitled to enjoy the fruits of her property (Gemara, Ket. 69a, and Rashi, ad loc.); but a minor -- even after she has been wed, the act of a minor is meaningless -- and even if the field was already purchased, she may not sell it; therefore, even according to Rabbi Yose we do not listen to her; rather the trustee must honor her father's instructions. The halakhah follows Rabbi Meir (Gemara; Rambam, Hil. Ishut 20:14).

We have followed Bartenura's interpretation of this mishnah; however, the Gemara explains that according to Rabbi Yose the mishnah need not teach us that only an adult woman is listened to, but not a minor, since it is clear from Rabbi Yose's statement in the first part of the mishnah ("But if it is only a field, and she wishes to sell it -- then it is sold from now!") that he refers to an adult woman who is entitled to sell, but not to a minor, so that the latter section ("To what does this refer? To a woman who is of age....") represents the opinion of Rabbi Meir alone, and a sentence is missing from the mishnah: "To what does this refer (the trustee's obligation to honour his original assignment, according to Rabbi Meir)? To after the erusin, but after the nisu'in the decision is hers)? To an adult woman; but where a minor is concerned -- the act of a minor is meaningless." Accordingly, in the case of a minor, whether after the erusin or after nisu'in, both Tannaim agree that she is not heeded; as to an adult woman, after the nisu'in, both Tannaim agree that she is heeded; Rabbi Meir and Rabbi Yose disagree only regarding an adult woman after the erusin: according to Rabbi Meir, she is not heeded, and according to Rabbi Yose she is. As mentioned above, the halakhah follows Rabbi Meir.

KETUBOT: CHAPTER 7: MISHNAH 1

One who placed his wife under a vow not to derive any benefit from him -- until thirty days, he appoints a guardian; longer than this -- he must divorce her and give her her ketubah. Rabbi Yehudah says, In the case of an Israelite -- one month he maintains; but two -- he must divorce her and give her her ketubah; regarding a kohen's wife -- two he maintains, but three -- he must divorce her and give her her ketubah.

Kehati

We learned previously the law of one who excludes his wife by vow from cohabitation (5:6, above). such a vow takes effect only when the husband excludes himself from the pleasure of sexual relations; however, if he says to his wife, "You are excluded from the pleasure of intercourse with me," the vow does not take effect, since he is obligated to fulfill her conjugal rights. Similarly, a husband may not exclude his wife by vow form receiving her due maintenance, because he cannot evade this obligation by a vow. The Gemara teaches, however, that if the husband says to his wife, "Keep your handiwork for your maintenance," i.e., support yourself thereby, and she remains silent -- if her handiwork covers her maintenance, though not the petty pleasures which she enjoyed in her father's house, nevertheless, if the husband excludes her by vow from benefiting from his property, the vow takes effect (Ket. 70a-b).

One who placed his wife under a vow not to derive any benefit from him -- from his property; the Gemara associates this with a case in which the husband asks her to keep her handiwork for her support, even though it does not cover the extras she received in her father's house; such a vow is legitimate as explained in the introduction to the mishnah, until thirty days, he -- the husband -- appoints a guardian -- to provide her with that which her handiwork does not cover. The Gemara explains that the husband may not appoint his agent to support her, because of the principle that a person's agent is like himself; rather let him say, "Anyone who provides her will not lose";

Long than this -- after thirty days, if his vow is still in effect, and she does not agree to the guardian's continued support of her, he -- the husband, must divorce her and give her -- the money of -- her ketubah -- for after thirty days it becomes public knowledge and she is embarrassed. There is a disagreement in the Gemara regarding this case: Rav says that he appoints a guardian only if he limited his vow, e.g., to thirty days, but if he did not specify a definite period, he divorces her immediately and must give her her ketubah. Shemuel says, Even if it was indefinite, he does not divorce her until after thirty days, since perhaps he might consult a sage and annul his vow. The halakhah follows Shemuel, so that even in the case of an unspecified vow, she waits thirty days: if the period of his vow ends, or his vow is voided, the issue has been resolved; if not, he divorces her and pays her the sum of her ketubah. Hence, our explanation of this mishnah reflects the opinion of Shemuel.

Rabbi Yehudah says, In the case of an Israelite -- if the husband is an ordinary Israelite who is allowed to remarry his divorcee if he annuls his vow, one month he maintains -- his wife, and appoints a guardian if he excluded her by vow from deriving any benefit from him; but two -- once the first day of the following month passes (Hameiri; Tiferet Yisrael), he must divorce her and give her her ketubah -- according to one opinion in the Gemara, Rabbi Yehudah's specification of "one month" does not distinguish between a full (30 day) month or a deficient (29 day) month, while according to the First Tanna, this refers specifically to thirty days;

And regarding a kohen's wife -- if her husband excluded her by vow from deriving benefit from him, two -- months -- he maintains -- her, but three -- months, i.e., in the third month, he must divorce her and give her her ketubah -- because a kohen may not remarry his divorced wife (Lev. 21:7), and is therefore accorded additional time to find a solution for his vow so as not to divorce her.

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