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Week 63 - Shabbat - 10 February 2001

KETUBOT: CHAPTER 7: MISHNAH 2

One who prohibits his wife by vow from tasting a certain fruit, he must divorce her and give her her ketubah. Rabbi Yehudah says, In the case of an Israelite -- one day he maintains; and two -- he must divorce her and give her her ketubah; and in the case of a kohen's wife -- two he maintains, three -- he must divorce her and give her her ketubah.

Kehati

According to the Torah, if a woman utters a vow that entails suffering or affects marital relations, her husband may either annul it on the day that he hears it, or confirm the vow; and if he remains silent on the day on which he hears her vows, the vows are valid (Num. 30:11-15). According to the conclusion of the Gemara, our mishnah and the following mishnah deal with a woman who takes vows, and whose husband confirms her vows. The law is different from that of the preceding mishnah, in which it is the husband who restricted his wife with his vow, in which case he is given a time period of thirty days. If, however, the woman vows and her husband confirmed it, the Sages did not grant him time, for the reason which is explained in the mishnah, so that if the wife demands a get her husband must divorce her and give her her ketubah (Rabbeinu Nissim). According to Rambam, however, he need not divorce her, for since it is her vow, he can say, "I am not concerned with her vow, and who will force me to divorce her"; but if he says, "I do not desire a wife who take vows," he divorces her and pays her her ketubah. Thus, according to Rambam, the mishnah teaches that if he divorces her, he must pay her her ketubah, since he could annul her vow, and he willingly confirmed it (Hil. Ishut 12:24).

One who prohibits his wife by vow -- i.e., the woman takes a vow, and her husband confirms it, from tasting a certain -- type -- of fruit, he must divorce her and give her -- the money of -- her ketubah -- the Sages did not see fit to grant him a waiting period because the woman feels that if her husband confirms her vow, he evidently hates her, and she cannot possibly live with him. However, when the husband restricts his wife by vow (see in the preceding mishnah), she thinks that he vowed in a fit of anger, and might well recant later; we therefore wait for thirty days (Gemara, Ket. 71b; Rabbeinu Nissim).

Rabbi Yehudah says, In the case of an ordinary Israelite -- one day he maintains -- her; and two -- i.e., on the second day, he must divorce her and give her her the money of her ketubah; and in the case of a kohen's wife -- two -- days -- he maintains -- her, three -- on the third day, he must divorce her and give her her ketubah -- the kohen is granted an extended waiting period, because he may not remarry his divorced wife (see previous mishnah). The halakhah does not follow Rabbi Yehudah.

KETUBOT: CHAPTER 7: MISHNAH 3

One who restricts his wife by vow that she not adorn herself with a certain kind, must divorce her and give her her ketubah. Rabbi Yose says, In the case of poor women -- if he did not set a limit. And in the case of rich women -- thirty days.

Kehati

One who restricts his wife by vow -- i.e., the woman takes a vow, and her husband confirms it, that she not adorn herself with a certain kind -- of adornment, i.e., that she avoid a certain type of perfume (Rashi). The Gemara explains that this falls into the category of vows that the husband may annul, since it involves "suffering." Or, it is a case in which she said, "May the joy of cohabitation with you be excluded from me if I use perfume," when it is a vow affecting marital relations; he must divorce her and give her her ketubah -- immediately (see preceding mishnah.)

Rabbi Yose says, In the case of poor women -- needy wives, who do not adorn themselves often, -- if he did not set a limit -- for the duration of her vow, he divorces her immediately and pays her her ketubah. However, if he did set a limit for her vow, she waits until it passes. The Gemara explains that this limit may be up to twelve months.

And in the case of rich women -- wealthy wives wait -- thirty days -- according to the Gemara, distinguished women enjoy the scent of their perfumes (i.e., the scent lasts) for thirty days, so let this one also enjoy the perfume which she applied to herself before her vow for thirty days. After that, however, he divorces her and pays her her ketubah. The halakhah follows Rabbi Yose (Rambam, Hil. Ishut 13:8).

As mentioned before, if a man restricts his wife by vow, the law, which follows Shemuel, requires that whether he did nor did not specify a time limit for the vow, he is given a period of thirty days (see above 7:1). Following the Gemara, we have not interpreted the last two mishnayot literally, that the husband restricted his wife by vow, but rather the wife took a vow and the husband confirmed it. According to Rav, however, that a waiting period is given only to one who sets a time limit to his vow, but in the case of an unspecified vow, he divorces her immediately and pays her her ketubah, our mishnah is to be interpreted literally. Thus, if the husband restricts his wife by vow from tasting a certain kind of fruit or from adorning herself with a certain type of adornment; and it is a case where he said to her, "May the pleasure of sexual intercourse with you be prohibited to me if you will taste from this type of fruit or if you will adorn yourself with this type of adornment," the vow is valid; these mishnayot, however, refer to an unspecified vow, without a time limit, whereupon he must divorce her immediately and pay his wife her ketubah.

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