61b2
If one pronounces a vow prohibiting his wife to have marital relations with him ...
The footnote explaining this phrase says that a husband is obligated to satisfy his wife's conjugal needs, consequently if he were to utter a vow prohibiting his wife to derive conjugal pleasure from him, the vow would not take effect. The Mishnah, therefore , must be speaking of a husband who prohibited himself from deriving conjugal pleasure from her. Since this vow is directed at himself rather than her, it does take effect, although its end result is to forbid ital relations between them.
My question .. Isn't that a case of 'psik reishe vilo yamus'? Please help me to understand how that vow is justified? If you cut the head off the chicken, it will surely die!!
thanx
donna feldman, key west florida usa
Pesik Reisha is a concept that relates to intent . A person cannot say he did not "intend" to kill the chicken; he just wanted to play with its head. He knows that beheading it will kill it.
This concept cannot be applied to the Neder of our Mishnah, since intent has no bearing upon whether or not he is prohibited to her. He may have intended to prohibit himself to her, but that does not prevent the Neder from taking effect. As long as the Neder is prohibiting her to him, and not v.v., it will take effect, since it does not directly violate his Shi'abud. To the contrary, she is obligated to help him honor his vow by not being with him.
-Mordecai