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Week 63 - Sunday - 4 February 2001

KETUBOT: CHAPTER 5: MISHNAH 6

If one vowed to have no intercourse with his wife -- Bet Shammai say, two weeks; Bet Hillel say, one week. Students go out for Torah study without permission -- thirty days, labourers -- one week. The conjugal rights stated in the Torah: tayalin -- every day; labourers -- twice a week; mule-drivers -- once a week; camel-drivers -- Once in thirty days; sailors -- once in six months; the words of Rabbi Eliezer.

Kehati

Following the preceding mishnah, which dealt with "one who prohibits his wife by vow from doing work," our mishnah teaches the law, of "one who prohibits his wife by vow from sexual intercourse," and proceeds to elaborate on conjugal duties in general.

If one vowed to have no intercourse with his wife -- he prohibits himself by vow from the gratification of sexual intercourse with his wife, e.g., he says, "May the gratification of intercourse with you be forbidden to me"; but if he prohibits his wife from the gratification of sexual intercourse with him, the prohibition is ineffective upon her, for he is obligated to her, as it is written, "her conjugal rights he shall not diminish" (Ex. 21:10); Bet Shammai say, She waits for him two weeks -- whereupon if he persists with his vow, he must divorce her and give her her ketubah;

Bet Hillel says, She waits for him one week -- whereupon he must divorce her (Hameiri). Rashi interprets "Bet Shammai say, Two weeks" as follows: if he prohibits her by vow for two weeks, she waits, but if he prohibits her for a longer period of time, he divorces her and gives her her ketubah. The Gemara explains that Bet Shammai learn this from the two week period of ritual impurity of a woman who gave birth to a daughter, while Bet Hillel learn this from the law of the nidah who by Torah law, is ritually unclean, by Torah law, for one week (Ket. 61b). The married --

Students -- may go out for Torah study -- in another city, without -- their wives' -- permission -- for a period of -- thirty days -- even though in so doing they refrain from marital relations.

Labourers -- may work in another city without their wives' permission for only one week --

The -- frequency of the obligation of -- conjugal rights stated in the Torah -- "and her conjugal rights he shall not diminish" (Ex. 21:10), is as follows: tayalin -- men of leisure, who are healthy and self-indulgent (Rambam), are obligated every day; labourers -- who work in the city where they reside, twice a week; mule-drivers -- who transport merchandise to nearby places, once a week; camel-drivers -- who travel to distant places one in thirty days -- once a full month; sailors -- who are absent for long periods of time, once in six months -- the words of Rabbi Eliezer -- this is Rabbi Eliezer's opinion. The halakhah follows Rabbi Eliezer concerning the frequency of conjugal duty; however, regarding married students who leave home to study Torah without their wives' permission, the halakhah follows the Sages, who disagree with Rabbi Eliezer and allow married students to leave home to study Torah without their wives' permission even for two or three years (Rambam, Hil. Ishut 14:2).

KETUBOT: CHAPTER 5: MISHNAH 7

A woman who rebels against her husband, they decrease her ketubah by seven dinars each week. Rabbi Yehudah says, Seven tropaics. Until when does he decrease? Until corresponding to her ketubah. Rabbi Yose says, He may continue to decrease, for an inheritance may fall to her from another source, and he may collect from it. And similarly, one who rebels against his wife, they increase her ketubah by three dinars each week. Rabbi Yehudah says, Three tropaics.

Kehati

A woman who rebels against her husband -- refusing to cohabit with him, they decrease her ketubah by seven dinars each week -- by deducting this sum from her ketubah, each week of her rebellion,

Rabbi Yehudah says, Seven tropaics -- a tropaic equals half of a dinar. Until when does he -- continue to keep her and -- decrease -- deduct from her ketubah? Until corresponding to her ketubah -- until nothing is left of her ketubah -- when he must divorce her, and she leaves without her ketubah. But he may not continue to keep her in order to deduct from property that she inherited from her father's estate.

Rabbi Yose says, He -- the husband, may continue -- to keep her and not divorce her, and to decrease -- even from her property, as long as she maintains her rebellion, for an inheritance may fall to her from another source -- she may inherit property after she rebelled, and then he may collect from it -- the above-mentioned amount.

And similarly, one who rebels against his wife -- by refusing to cohabit with her -- they -- compel him to -- increase her ketubah by three dinars each week -- as long as he remains rebellious; and if she demands a get, they compel him to divorce her.

Rabbi Yehudah says, They increase her ketubah by three tropaics -- one and one-half dinars each week.

The Gemara explains that since the man feels the deprivation of marital relations more acutely than the woman, her punishment for rebellion is more severe than that of a man who rebels. The Gemara adds: "Our teachers took a second vote, i.e., they reconsidered their ruling and decided that they would proclaim about her conduct on four consecutive weeks, 'This woman rebelled against her husband,' and they would send this warning to her from the Court: 'Know that even if your ketubah is one hundred maneh, you have lost them all' and they give her advance notice about the proclamation, and following it they inform her that the proclamation has been made, and if she persists with her rebellion, she must leave her husband without a ketubah" (Ket. 63b).

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