1)

ONE WHO LEFT MONEY FOR HIS CHILDREN (cont.)

(a)

(Rav Chisda): The Halachah is, whether or not he said 'only', we give them all they need.

(b)

Question: The Halachah follows R. Meir, who says that it is a Mitzvah to fulfill the words of the deceased!

(c)

Answer: That is in other cases. Here, the deceased wants his children to have their full needs. He said to give to them only a Shekel, merely so that they will be frugal.

(d)

(Mishnah): If Pa'utos (mature children) buy or sell Metaltelim, it is valid.

(e)

(Rafram): If they have an overseer, the sale is invalid. We learn this from the Seifa of our Mishnah, 'the actions of a minor are void'.

(f)

Question: Perhaps this is only when there is a third party (who was told what to do with the property)!!

(g)

Answer: If so, the Mishnah would have said 'but regarding a minor, David does like he was instructed;'

1.

'The actions of a minor are void' teaches that they are always void (when there is an overseer).

PEREK HA'MADIR
2)

ONE WHO FORBIDS HIS WIFE THROUGH A VOW

(a)

(Mishnah): If one vowed that his wife may not benefit from him, up to 30 days, he gets someone to finance her. Beyond this, he must divorce her and pay her Kesuvah.

(b)

R. Yehudah says, a Yisrael who vows thusly may keep his wife for one month, but (if he vowed) for two months he must divorce her and pay her Kesuvah;

1.

A Kohen (who cannot remarry her if he divorces her) keeps her two months, but for three months, he must divorce her and pay her Kesuvah.

(c)

If one forbade any type of produce to his wife through a vow, he divorces her and pays her Kesuvah;

(d)

R. Yehudah says, a Yisrael may keep her for one day, but for two days, he must divorce her and pay her Kesuvah. A Kohen keeps her two days, but for three days, he must divorce her and pay her Kesuvah.

(e)

If one forbade any type of cosmetics on his wife through a vow, he divorces her and pays her Kesuvah;

(f)

R. Yosi says, 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.

(g)

(Gemara) Question: He is obligated to her! How can he uproot his obligation through a vow?!

1.

(Mishnah): If a wife says 'What I produce is Konam to your mouth', her husband does not need to annul this.

2.

Since she is obligated to him, she cannot uproot her obligation. Also here, he cannot uproot his obligation to feed her!

(h)

Answer #1: Since he can say 'use your earnings to feed yourself', it is as if he said this.

70b----------------------------------------70b

(i)

Objection: Rav Huna taught that a wife can tell her husband 'do not feed me and I will keep my earnings.'

1.

According to Rav Huna, when she says 'What I produce is Konam to your mouth', why doesn't he need to annul this? It should be as if she says 'do not feed me and I will keep my earnings!'

(j)

Answer #2: Rather, he explicitly said 'use your earnings to feed yourself.'

1.

Question: If so, why does he need someone to feed her?

2.

Answer: Her earnings do not suffice to feed her.

3.

Objection: If her earnings do not suffice, the question returns! (He must supply the deficit, so his vow should not take effect!)

4.

Answer (Rav Ashi): Her earnings suffice for big things, but not for small things.

5.

Question: What kind of small things are these?

i.

If she is used to them, he must supply them!

ii.

If she is not used to them, why must he have someone supply them to her?

6.

Answer: She was used to them in her father's house, but not with her husband.

i.

She tells him 'Until now, with you, I could manage without them. Now that you vowed, I need them.'

7.

Question: Why does someone else supply these things only for 30 days?

8.

Answer: Until 30 days people do not know she is being supplied, so there is no disgrace. After 30 days people hear that she is being supplied, and she is disgraced.

(k)

Answer #3: He vowed during Eirusin (before he was obligated to feed her).

(l)

Question: If so, why must he have someone supply her needs? He has no obligation!

(m)

Answer: The designated time for Chupah came, and he did not do Nisu'in.

1.

(Mishnah): If the time came and they did not have Nisu'in, she eats his food, and (if he is a Kohen) she eats Terumah.

2.

Question: Why does this apply only until 30 days?

3.

Answer: A Shali'ach fulfills his mission for 30 days, but no longer.

(n)

Answer #4 He vowed during Eirusin, and then had Nisu'in.

(o)

Objection: If she knew about the vow and did Nisu'in anyway, she accepted the vow! (Why must he divorce her and pay a Kesuvah?)

(p)

Answer: She says 'I thought that I could endure it. Now I see that I cannot.'

(q)

Objection: We say so only regarding Mumim. Would we say it regarding food?!

(r)

Conclusion: Rather, we must answer like Answer #2 or Answer #3.

3)

FEEDING ONE WHO MAY NOT GET BENEFIT

(a)

(Mishnah): Until 30 days, he has someone feed her.

(b)

Question: This person is like the husband's Shali'ach (agent! It should be forbidden, as if the husband himself is feeding her!)

(c)

Answer (Rav Huna): He said 'whoever feeds her will not lose.'

(d)

Question: Also this is like Shelichus!

1.

(Mishnah): If someone cried from a pit 'whoever hears my voice should write a Get to my wife' people who hear this may write and give a Get.

(e)

Answer: There is different, for he instructed (whoever hears him) to write. Here, he did not instruct to feed, he just said that whoever feeds will not lose.

(f)

Question: R. Ami taught that regarding a fire (on Shabbos), one may say 'Whoever extinguishes will not lose.'

1.

Suggestion: It is permitted regarding a fire, but not in our case!

(g)

Answer: No, it is permitted regarding a fire, but not regarding other Isurim of Shabbos.

(h)

Question (Rabah - Mishnah): If Reuven is Mudar Hana'ah (forbidden by a vow from benefiting) from Shimon, and lacks food, Shimon may tell a grocer he frequents 'Reuven cannot get benefit from me. I don't know what to do for him'!

1.

The grocer gives to Reuven, and collects the money from Shimon.

2.

Suggestion: This is allowed, but not saying "Anyone who feeds..."!

(i)

Answer: No, also this is allowed. The Mishnah teaches a greater Chidush;

1.

Not only "whoever feeds..." is allowed, in which he does not address a particular person. In the Mishnah he is frequent by the grocer, and he tells him his plight- It is as if he tells him to feed him, and still, it is allowed!

(j)

(Mishnah): If Reuven is Mudar Hana'ah from Shimon and lacks food, Shimon may tell a grocer he frequents 'Reuven cannot get benefit from me. I don't know what to do for him'!

1.

The grocer gives to Reuven, and collects the money from Shimon.

(k)

If Reuven needed to build his house or a fence, or harvest his field, Shimon tells workers 'Reuven cannot get benefit from me. I don't know what to do for him'.

1.

The workers work for Reuven, and collect their wages from Shimon.

(l)

If they were walking on the road and Reuven lacks food, Shimon gives a gift to David, and Reuven may take from David;

1.

If no one else is there, Shimon puts the food on a rock or fence and says "It is Hefker for whoever would like it." Reuven may take it and eat it;

2.

R. Yosi forbids.

(m)

(Rava): R. Yosi forbids due to a gift like the case in Beis Choron (someone gave a 'gift' to evade the Isur of a Mudar Hana'ah, but he did not truly intend that it is a gift).

OTHER D.A.F. RESOURCES
ON THIS DAF