1)

WHEN MUST THE HUSBAND DIVORCE HIS WIFE?

(a)

(Mishnah - R. Yehudah): A Yisrael keeps his wife for one month.

(b)

Question: The first Tana said the same!

(c)

Answer #1 (Abaye): True! R. Yehudah comes merely to teach about a Kohen.

(d)

Answer #2 (Rava): The first Tana says allows a full month of 30 days. R. Yehudah allows only a short month of 29 days.

(e)

(Rav): Our Mishnah discusses when he specified the duration of his vow. If he did not specify, he divorces her immediately.

(f)

(Shmuel): Even if he did not limit the duration, he delays divorcing her. Perhaps he will find a Pesach to annul his vow!

(g)

Question: Rav and Shmuel already argued about this!

1.

(Mishnah - Beis Shamai): If one vowed and forbade Bi'ah with his wife, up to two weeks he may stay married.

2.

Beis Hillel say, up to one week.

3.

(Rav): They argue about a vow of specified duration. All agree about a Stam (unlimited) vow, that he must immediately divorce her and pay a Kesuvah.

4.

(Shmuel): Even regarding a Stam vow he waits (one or two weeks), in case he will find a Pesach.

(h)

Answer: Rav and Shmuel needed to argue in both cases:

1.

Had they argued only there, we would have said that there Rav obligates him to divorce her immediately (regarding a Stam vow) since no one can have Bi'ah with her in his place, but here, he would agree with Shmuel;

2.

Had they argued only here, we would have thought that here Shmuel allows waiting (since a third party can finance her), but there he would agree with Rav.

(i)

Question (Mishnah): If one forbade any type of produce to his wife through a vow, he divorces her and pays her Kesuvah.

1.

This is not difficult for Rav. In the Reisha he specified a time, so he need not divorce her immediately. Here he set no limit, so he divorces her immediately.

2.

But according to Shmuel, why does he divorce her right away?

(j)

Answer: The case is, she vowed and he affirmed the vow. R. Meir holds that it is his fault.

(k)

Question (Beraisa - R. Meir and R. Yehudah): If a woman vowed to be a Nezirah and her husband heard and did not annul it, it is her fault. If he wants, he may annul. If he does not want a wife who vows, he may divorce her without paying her Kesuvah;

1.

R. Yosi and R. Elazar blame him. If he wants, he may annul. If he does not want a wife who vows, he may divorce her but must pay her Kesuvah.

(l)

Answer #1: We switch the opinions. R. Meir and R. Yehudah blame him, and R. Yosi and R. Elazar blame her.

(m)

Objection: R. Yosi does not blame her!

1.

(Mishnah - R. Yosi): He divorces a poor woman if he did not limit the duration of the vow. For a rich woman, the Shi'ur is 30 days.

(n)

Answer #2: Rather, R. Meir and R. Yosi blame him, and R. Yehudah and R. Elazar blame her.

(o)

Objection: R. Yehudah does not blame her!

1.

(Mishnah - R. Yehudah): A Yisrael keeps his wife for one day. (Past this, he must divorce her and pay a Kesuvah.)

(p)

Answer #3: Rather, R. Meir, R. Yehudah and R. Yosi blame him, and R. Elazar blames her.

(q)

Answer #4: Alternatively, we can say that two Tana'im argue against two. R. Meir and R. Elazar blame her, and R. Yehudah and R. Yosi blame him;

1.

Our Stam Mishnah is unlike R. Meir.

2)

VOWS OF AFFLICTION

(a)

(Mishnah - R. Yosi): He divorces a poor woman if he did not limit the duration of the vow.

(b)

Inference: (She vowed, and) he could have annulled the vow (so he is blamed for not doing so).

(c)

Contradiction (Mishnah): The following are vows of affliction that a husband can annul: 'I will (or will not) wash'; 'I will (or will not) use cosmetics';

1.

R. Yosi says, these are not vows of affliction. Vows of affliction are not to eat meat, drink wine, or wear colored clothing.

71b----------------------------------------71b

(d)

Answer #1: We discuss cosmetics that affect Bi'ah (e.g. to remove hair in that area).

(e)

Question: This is like the opinion that a husband can annul such matters. According to the opinion that he cannot annul such matters, how can we answer?

1.

(Rav Huna): A husband can annul matters between him and her;

2.

(Rav Ada bar Ahavah): He cannot annul them. He can had Bi'ah with her, and the lack of these cosmetics will not harm him.

(f)

Answer #2: She vowed 'the pleasure of Bi'ah with you is forbidden to me if I use cosmetics.' This is like Rav Kahana:

1.

(Rav Kahana): If a wife vowed 'the pleasure of Bi'ah with me is forbidden to you', her husband may force her to have Bi'ah (the vow is void);

2.

If she vowed 'the pleasure of Bi'ah with you is forbidden to me' he should annul this, since (it forbids her, and) we do not feed to a person what is forbidden to them.

(g)

Question: (Why must he divorce her?) She will avoid cosmetics, and she will be permitted to him!

(h)

Answer: If she refrains from using cosmetics, people will say that she is repulsive.

(i)

Question: She should use cosmetics, and become forbidden to him for two weeks according to Beis Shamai, or one week according to Beis Hillel! (Why must he divorce her immediately?)

(j)

Answer: We wait a week or two only when he vowed. She reasons that he vowed when he was angry, and now his mind is settled;

1.

When she vowed and he did not annul it, she infers that he hates her.

(k)

(Mishnah - R. Yosi): He divorces a poor woman if he did not limit the duration of the vow.

(l)

Question: (Up to) how much is a limit?

(m)

Answer #1 (Rav Yehudah): It is (up to) 12 months.

(n)

Answer #2 (Rabah bar bar Chanah): It is 10 years.

(o)

Answer #3 (Rav Chisda): It is one festival, because Benos Yisrael use cosmetics on the festivals.

(p)

(Mishnah): Regarding a rich wife, the limit is 30 days.

(q)

Question: What is special about 30 days?

(r)

Answer (Abaye): An important woman enjoys the scent of her cosmetics for 30 days.

3)

ONE WHO FORBADE HIS WIFE FROM GOING PLACES

(a)

(Mishnah): If one vowed to forbid his wife from going to her father's house, if her father is in their city, for one month he keeps her. For two months, he divorces her and pays her Kesuvah;

1.

If her father is in a different city, for one festival he keeps her. For three festivals, he divorces her and pays her Kesuvah;

(b)

If one vowed to forbid her to go to a house of mourning, or a banquet hall, he divorces her and pays her Kesuvah, because he puts a barrier in front of her. He may do so if he claims that this is due of another matter (this will be explained);

(c)

If [she took a vow of affliction or affecting intimacy between them, which he needs to annul, and] he said [I annul] 'on condition that you say to Ploni what you said to me, or what I said to you, or that you fill and pour in the garbage dump' he divorces her and pays her Kesuvah. (SHULCHAN ARUCH EH 76:12.)

(d)

(Gemara) Question: The Mishnah contradicts itself!

1.

It permits keeping her for one month. This implies that for two months he must divorce her and pay her Kesuvah;

2.

It says that for three months he must divorce her and pay her Kesuvah. This implies that he may keep her for two months!

(e)

Answer #1 (Abaye): The Seifa refers to a Kohen's wife, according to R. Yehudah.

(f)

Answer #2 (Rabah bar Ula): If she constantly runs to her father's house, he keeps her for one month. If she does not constantly run there, he keeps her two months.

1.

(R. Yochanan): "I was in his eyes like one who finds Shalom" - this is like a Kalah who is found Sheleimah (perfect) in her father-in-law's house, and is constantly running to tell her praise in her father's house.

(g)

(R. Yochanan): "... Hash-m says, you will call Me Ishi (my husband after Nisu'in), and you will not call Me Ba'ali (my Arus) any more", like a Kalah in her father-in-law's house, not like a Kalah in her father's house.

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