NEDARIM 91 (8 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.

1)

(a)Rava was picking the brains of his Talmidim (among them, Rav Papa). He asked them whether the wife of a Kohen who has been raped is still entitled to her Kesuvah. She might have lost it, because the Torah gives an Anusah who is the wife of a Kohen the same Din as the wife of a Yisrael who committed adultery. Why might she nevertheless still be entitled to it?

(b)How did his Talmidim resolve the She'eilah from our Mishnah?

1)

(a)Rava was picking the brains of his Talmidim (among them, Rav Papa). He asked them whether the wife of a Kohen who has been raped is still entitled to her Kesuvah. She might have lost it, because the Torah gives an Anusah who is the wife of a Kohen the same Din as the wife of a Yisrael who committed adultery. She might nevertheless be entitled to it - because, as we explained in our Mishnah, she is not to blame for what happened, and it is his Mazal that he is a Kohen, not hers.

(b)His Talmidim resolve the She'eilah from our Mishnah - 'ha'Omeres, Teme'ah Ani Lecha, Yesh Lah Kesuvah', which can only be speaking about the wife of a Kohen who was raped (as we explained in our Mishnah) ... yet she receives her Kesuvah.

2)

(a)What She'eilah did the Bnei Yeshiva ask concerning a woman who claims in front of her husband that he divorced her?

(b)Rav Hamnuna maintains that she is believed. How does he reconcile his ruling with the Mishnah Acharonah, which does not believe a woman who says to her husband 'Teme'ah Ani Lecha'?

(c)And how does Rava, who holds that she is not believed, reconcile this with the Mishnah Rishonah, which believes a woman who says 'Teme'ah Ani Lecha'?

(d)How will ...

1. ... Rava reconcile his opinion with 'ha'Shamayim Beini l'Veinecha', according to the Mishnah Rishonah (where her statement is not embarrassing ... yet she is believed)?

2. ... Rav Hamnuna reconciles his opinion with 'ha'Shamayim Beini l'Veinecha' according to the Mishnah Acharonah, where she is not believed, even though she knows that her husband knows, too?

2)

(a)The Bnei Yeshiva asked - whether a woman who claims in front of her husband that he divorced her is believed or not.

(b)Rav Hamnuna maintains that she is believed - and the reason that the Mishnah Acharonah does not believe a woman who says to her husband 'Teme'ah Ani Lecha' is - because there, the woman knows that her husband does not know whether she was raped or not, so Rav Hamnuna's reasoning does not apply there.

(c)Rava, on the other hand, who holds that the woman is not believed - ascribes the Mishnah Rishonah believing a woman who says 'Teme'ah Ani Lecha' to the fact that she would not cause herself embarrassment by making such a claim if it was not true.

(d)In the opinion of ...

1. ... Rava, the Mishnah Rishonah believes 'ha'Shamayim Beini l'Veinecha' despite the fact that her statement is not embarrassing - because, although the statement itself may not be embarrassing, its connotations (which she will be forced to present) is.

2. ... Rav Hamnuna, the Mishnah Acharonah does not believe 'ha'Shamayim Beini l'Veinecha' - because even though her husband knows about the Bi'ah, only she knows whether or not, his Zera shoots like an arrow, and not him.

3)

(a)Like whom is the Halachah, like Rav Hamnuna or like Rava?

(b)We know that she also receives her Kesuvah, because the Sugya compares this case to our Mishnah, where she goes out and receives her Kesuvah. Why else is it obvious that she does?

(c)Which part of the Kesuvah does she not receive?

3)

(a)The Halachah is like Rav Hamnuna - that a woman who claims in the presence of her husband that he divorced her, is believed.

(b)We know that she also receives her Kesuvah, because we compare this case to our Mishnah, where she goes out and receives her Kesuvah - and also because it is written in the Shtar Kesuvah that as soon as she remarries, she will receive her Kesuvah.

(c)She only receives the main part of the Kesuvah (the part that Chazal fixed for her) - but not the Tosefes (which her husband promised her of his own volition).

4)

(a)What does Rav Hamnuna say, according to the Mishnah Acharonah, with regard to a woman who claims that her husband is not intimate with her at all? What is his reason?

(b)What distinction does the Ri make as to whether she claims a divorce or whether she claims her Kesuvah?

4)

(a)In the opinion of Rav Hamnuna, a woman who claims that her husband is not intimate with her at all - is believed too, even according to the Mishnah Acharonah, seeing as she knows that her husband knows whether it is true or not.

(b)According to the Ri - we only believe the woman if she claims a divorce, but not if she claims her Kesuvah.

5)

(a)We just learned that, according to Rav Hamnuna, the woman is believed more when she knows that her husband knows too, than when she knows that he does not. What does Rebbi Ami in 'ha'Ba al Yevimto' say regarding a case where the husband places the blame for their childlessness after ten years on his wife, whilst she places it on him?

(b)Why is that?

(c)How do we reconcile Rav Hamnuna with Rebbi Ami?

5)

(a)We just learned that, according to Rav Hamnuna, the woman is believed more when she knows that her husband knows too, than when she knows that he does not. Rebbi Ami in Yevamos rules, in a case where the husband places the blame for their childlessness after ten years on his wife, whilst she places it on him - that she is believed...

(b)... precisely because she knows ... and he does not.

(c)Rav Hamnuna will agree with Rebbi Ami - because there, where her husband is coming to divorce her (as opposed to here, where it is she who is demanding the divorce), she will certainly not hesitate to resist his attempts (in spite of the Chutzpah). Therefore there is no reason to believe her; whereas if she were to know and he not, it would be unfair to permit him to divorce her without a Kesuvah without clear proof.

6)

(a)What did the man comment when his wife, who would always bring her husband water the morning after Tashmish, brought him water to wash one morning?

(b)And what did Rav Nachman rule when she retorted that it must then have been one of the Nochri spice-merchants currently in town?

(c)Why must her husband have been a Kohen?

6)

(a)When the man's wife, who would always bring him water the morning after Tashmish, brought him water to wash one morning - he commented that they had not been intimate that night.

(b)And when she retorted that it must then have been one of the Nochri spice-merchants currently in town - Rav Nachman ruled that she was not believed, and that she probably fancied another man.

(c)Her husband must have been a Kohen - because otherwise seeing as, even according to her own words, she thought that it was her husband, she was a genuine Ones, and an Ones is permitted to her husband anyway, in which case, Rav Nachman's ruling would have been unnecessary.

91b----------------------------------------91b

7)

(a)What did that woman reply when her husband asked her why she seemed less jovial than usual?

(b)What did she reply when he told her that she must have made a mistake, since there had been no Tashmish?

(c)What did Rav Nachman rule in that case?

7)

(a)When her husband asked her why she seemed less jovial than usual - that woman replied that Tashmish that night had been more painful than usual.

(b)When he told her that she must have made a mistake, since there had been no Tashmish - she replied that it must then have been one of the Nochri paraffin-merchants currently in town.

(c)Rav Nachman ruled there - like he did in the previous case.

8)

(a)What did that would-be adulterer do when the woman's husband arrived home unexpectedly?

(b)On what grounds did Rava then permit the woman to her husband?

(c)What did another would-be adulterer shout out to the woman's husband, who was about to eat some dates that were lying there?

(d)On what grounds did Rava then permit the woman to her husband?

8)

(a)When a woman's husband arrived home unexpectedly, that would-be adulterer - broke down a partition and escaped.

(b)Rava permitted the woman to her husband on the grounds that - had the man been guilty, he would have hidden and waited for an opportunity to sneak out of the house undetected.

(c)When another would-be adulterer saw the woman's husband about to eat some dates that were lying there - he shouted out to him to stop, because a snake had tasted them, and they were poisoned.

(d)Rava nevertheless permitted the woman to her husband - on the grounds that, had he committed adultery, he would have allowed the man to die, rather than divulge his presence.

9)

(a)If not for Rava's ruling in the previous case, what would we otherwise have ruled?

(b)Can we imply that, if not for Rava's lenient rulings, the women would have become forbidden to their husbands?

(c)Then what would we have ruled were it not for Rava?

9)

(a)If not for Rava's ruling in the previous case, we would otherwise have ruled - that, on the contrary; really he was guilty of adultery, and the reason that he saved the husband from death, was because of the Pasuk in Mishlei "Mayim Genuvim Yimtaku" implying that a person would prefer the challenge of living with a married woman than with one who is free.

(b)We cannot imply that, if not for Rava's lenient rulings, the women would have become forbidden to their husbands - because according to the Halachah, a woman is not forbidden to her husband without her husband's prior warning and then being alone with the man of whom her husband warned her in the presence of witnesses.

(c)If not for Rava however - it would have been correct for a husband with Yir'as Shamayim to divorce his wife under such circumstances (and that is what Rava's lenient rulings prevented).

HADRAN ALACH 'VE'EILU NEDARIM', U'SELIKA LAH MASECHES NEDARIM

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