1)

WHAT A HUSBAND MAY IMPOSE ON HIS WIFE

(a)

(Mishnah): If one vowed...

(b)

Question: Granted, forbidding her to go to banquet halls is a barrier in front of her (Simchah);

1.

Why is forbidding her to go to a house of mourning a barrier?

(c)

Answer (Beraisa) Version #1: When she will die, no one will come to eulogize her.

(d)

Version #2: When she will die, no one will come to bury her.

(e)

(Beraisa - R. Meir): "It is better to go to the house of Aveilus than to the banquet hall, since it is the end of every man, and the living will put to his heart" - this refers to matters of death;

1.

One who eulogizes will be eulogized. One who buries will be buried. One who wails will be wailed over. One who accompanies a Mes will be accompanied. One who carries a Mes will be carried.

(f)

(Mishnah): He may do so if he claims that this is due of another matter.

(g)

Question: What is this other matter?

(h)

Answer (Rav Yehudah): Licentious people are found there.

1.

(Rav Ashi): This is only if they are known to be there. If not, he cannot forbid her.

(i)

(Mishnah): If he says, [I annul] on condition that you tell...

(j)

Question: (Why must he divorce her and pay a Kesuvah?) She can tell!

(k)

Answer (Rav Yehudah): He asked her to tell shameful things.

(l)

(Mishnah): Or, you must fill...

(m)

Question: (Why must he divorce her and pay a Kesuvah?) She can do this!

(n)

Answer #1 (Rav Yehudah): He asked her to remove his semen after Bi'ah to prevent pregnancy.

(o)

Answer #2 (Beraisa): He asked her to fill 10 jugs of water and spill them at the dumping site.

(p)

Question: According to Rav Yehudah, we understand why he must divorce her and pay her Kesuvah;

1.

But according to the Beraisa, what difference does it make to her? She can do what he says!

(q)

Answer (Rabah bar bar Chanah): It would make her appear like a lunatic.

(r)

(Rav Kahana): If one vowed that his wife may not borrow nor lend a sifter, mill or oven he must divorce her and pay her Kesuvah, since this gives her a bad reputation among her neighbors.

(s)

Support (Beraisa): If one vowed that his wife may not borrow nor lend a sifter, mill or oven he must divorce her and pay her Kesuvah, since this gives her a bad reputation among her neighbors;

1.

Similarly, if she vowed that she will not borrow nor lend a sifter, mill or oven, and will not weave nice clothes for his children, he may divorce her without paying her Kesuvah, since this gives him a bad reputation among his neighbors.

2)

WOMEN WHO FORFEIT THEIR KESUVOS

(a)

(Mishnah): The following are divorced and do not receive a Kesuvah: one who transgresses Das Moshe (Torah law) or Das Yehudis (the ways of Benos Yisrael);

1.

Transgressing Das Moshe is feeding him untithed food, having Bi'ah with him when she is Nidah, not separating Chalah, or vowing and transgressing her vows;

2.

Transgressing Das Yehudis is going out with her head uncovered, spinning in the market, or talking with every man.

3.

Aba Sha'ul says, it is even one who curses his ancestors in front of him;

4.

R. Tarfon says, it is even a loud-voiced woman.

i.

This is one who can be heard by neighbors when she speaks in her house.

(b)

(Gemara) Question: What is the case of feeding him untithed food?

1.

If he knows that it is untithed, he should not eat it!

2.

If he does not know that it is untithed, how does he know that she fed him untithed food?

(c)

Answer: She said that Ploni separated the tithes. He asked Ploni, and found that she lied.

(d)

(Mishnah): She has Bi'ah with him when she is Nidah.

(e)

Question: What is the case?

1.

If he knows that she is Nidah, he should refrain!

2.

If he does not know that she is Nidah, he should believe her that she was not a Nidah!

i.

(Rav Chinena bar Kahana): "She will count seven days" teaches that she counts to herself (and is believed).

(f)

Answer #1: She said that Ploni declared that the blood she saw does not make her Nidah. He asked Ploni, and found that she lied.

(g)

Answer #2: It is like Rav Yehudah taught:

1.

(Rav Yehudah): If a woman was established to be a Nidah among her neighbors, her husband is lashed for having Bi'ah with her.

(h)

(Mishnah): She does not separate Chalah.

(i)

Question: What is the case?

1.

If he knows that it was not separated, he should not eat!

2.

If he does not know that it was not separated, how does he know that she did not separate?

(j)

Answer: She said that Ploni the kneader separated the Chalah; he asked Ploni, and found that she lied.

(k)

(Mishnah): She vows and transgresses her vows.

(l)

This is grounds to divorce her and not pay her Kesuvah, since children die due to vows of the parents.

1.

"Don't let your mouth diminish your flesh...(and destroy your handiwork)" - the handiwork of man is his children.

2.

(Rav Nachman): "In vain I struck your children" - for matters of vain (oaths).

(m)

(Beraisa - R. Meir): One who knows that his wife vows and transgresses her vows should impose vows on her.

(n)

Objection: This will not help!

(o)

Correction: Rather, he should anger her so she will vow in front of him and he can annul the vows;

(p)

Chachamim say, a man cannot live with a snake in a basket (he divorces her and does not pay a Kesuvah).

(q)

(Beraisa - R. Yehudah): One who knows that his wife does not separate Chalah should separate it himself;

(r)

Chachamim say, a man cannot live with a snake in a basket.

(s)

R. Yehudah counsels to stay married to a wife who does not separate Chalah. All the more so, he counsels to keep a wife who transgresses her vows (like R. Meir, above);

1.

R. Meir counsels to keep a wife who transgresses her vows, but he would counsel divorcing one who doesn't separate Chalah, lest he forget and eat.

3)

THE WAYS OF BENOS YISRAEL

(a)

(Mishnah): Das Yehudis... she goes out with her hair uncovered...

(b)

Question: Uncovered hair is mid'Oraisa!

1.

(Tana d'Vei R. Yishmael): "He will uncover her hair" warns (married) Benos Yisrael that they should not go out with uncovered hair.

72b----------------------------------------72b

(c)

Answer: Mid'Oraisa, it suffices to have a basket on her head. This does not fulfill Das Yehudis.

(d)

(R. Asi): A basket on the head is considered covered (even for Das Yehudis).

(e)

Question (R. Zeira): Where is it sufficient?

1.

In the market this does not fulfill Das Yehudis!

2.

Suggestion: It is considered covered in the courtyard.

3.

Rejection: If she must cover her hair in the courtyard, no married Bas Yisrael can fulfill this!

(f)

Answer (Abaye): It suffices in the alleyway between courtyards.

(g)

(Mishnah): She spins in the market.

(h)

Opinion #1 (Rav Yehudah): The case is, she reveals her arms to men.

(i)

Opinion #2 (Rav Chisda): She spins with a thread dangling by her (Ervah, i.e. lower) 'face'.

(j)

(Mishnah): She speaks with all men.

(k)

(Rav Yehudah): She jokes with young men.

1.

(Rabah bar bar Chanah): Rav Ukva saw an Araviya spinning, with a thread by her face. She threw her stick, and asked Rav Ukva to retrieve it. Rav Ukva made a remark.

2.

Ravina: He said that this is spinning in the market.

3.

Rabanan: He said that this is speaking with all men.

(l)

(Mishnah - Aba Sha'ul): Even if she curses his ancestors in front of him...

(m)

(Rav Yehudah): This is (even) if she curses his ancestors in front of his children.

1.

The Siman to remember this is "Efrayim and Menasheh will be like Reuven and Shimon to me." (Many explain that the Siman is from the continuation "U'Moladtecha Asher Holadta Achareihem Lecha Yiheyu..." Ritva - this shows that one's children are like himself. Gra (EH 115:13) - the verse shows that 'Moldav' refers to children, and Yoldav' refers to parents.)

2.

(Rabah): In front of his son she says to him 'A lion should eat your father'.

(n)

(Mishnah): R. Tarfon says, even a loud-voiced woman.

(o)

Question: What is a loud-voiced woman?

(p)

Answer #1 (Rav Yehudah): It is one who audibly asks for Bi'ah.

(q)

Answer #2 (Beraisa): When she has Bi'ah in this courtyard, she can be heard in another courtyard.

(r)

Objection: If so, this should be listed among Mumim (in the Mishnah 75a)!

(s)

Answer: Rather, we must rely on the first answer.

4)

MARRIAGE ON CONDITION

(a)

(Mishnah): If a man was Mekadesh a woman on condition that she has no vows and she was found to have, she is not Mekudeshes;

(b)

If he did Nisu'in Stam (without specifying) and she was found to have vows, she leaves without a Kesuvah;

(c)

If he was Mekadesh on condition that she has no Mumim and she was found to have Mumim, she is not Mekudeshes;

(d)

If he did Nisu'in Stam and she is found to have Mumim, she leaves without a Kesuvah;

(e)

All Mumim that disqualify Kohanim are considered Mumim in a woman.

(f)

(Gemara) Question: Why was this Mishnah repeated in Kidushin (20a)?

(g)

Answer: It was taught here for the law of Kesuvos, and the law of Kidushin was added on. It was taught there for the law of Kidushin, and the law of Kesuvos was added on.

(h)

(R. Yochanan): Our Mishnah discusses vows not eat meat, drink wine, or wear colored clothing.

(i)

Support (Beraisa): The law applies to vows of affliction, i.e. not to eat meat, drink wine, or wear colored clothing.

(j)

Question (Rav Papa): To which part of the Mishnah does this apply?

1.

Suggestion: It applies to the Reisha (Kidushin on condition that she has no vows).

2.

Rejection: If so, any vow invalidates the Kidushin!

(k)

Answer #1 (Rav Papa): It applies to the Seifa (he (was Mekadesh and) did Nisu'in Stam. If she has one of these vows, she leaves without a Kesuvah.)

(l)

Answer #2 (Rav Ashi): Really, it applies to the Reisha. His insistence (that she have no vows) applies only to things that people care about.

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