1)

IF THE VOW WAS UNDONE

(a)

Question: What is R. Yehudah's source (that a vow made in public cannot be annulled)?

(b)

Answer: "Bnei Yisrael did not kill them (the Giv'onim) because the leaders of the congregation had sworn to them."

(c)

Question: What is considered (in front of) many?

(d)

Answer #1 (Rav Nachman bar Yitzchak): It is three, like we expound regarding Zivah;

1.

"(If a woman sees blood) many days" - "days" teaches two; "many" teaches a third.

(e)

Answer #2 (R. Yitzchak): It is 10. It says "Edah" (like it says regarding the 10 evil Meraglim).

(f)

(Mishnah - R. Meir) If the vow can be annulled only by a Chacham, he may not remarry her. If the husband can annul it, he may remarry her;

(g)

R. Elazar says, we forbade him to remarry her when a Chacham is needed only due to the case when a Chacham is not needed.

(h)

Question: What is the source of their dispute?

(i)

Answer: R. Meir holds that a man does not mind if his wife is shamed by going to Beis Din. (Perhaps he will say that had he known that a Chacham can permit her vow he would not have divorced her, so the Get is invalid. We decree that he can never remarry her, so he will not divorce before investigating all possibilities. There is no concern for a vow he could have annulled by himself. Surely he knew this, and decided to divorce her anyway);

1.

R. Elazar holds that a man does not want his wife to be shamed by going to Beis Din. (Even had he known that a Chacham can permit her, he would have divorced her. The only concern for an invalid Get is if he did not know that he could have annulled it himself. We decree about a vow that needs a Chacham due to the case of a vow he could have permitted.)

(j)

Answer #2 (to 3:d, 74B - Rava): Beraisa #2 (which says that she is not Mekudeshes if a Chacham permitted her vow) discusses a woman from an important family.

1.

The husband does not want the Kidushin to take effect, lest he be forced to give to her a Get and become forbidden to her relatives (perhaps he would have wanted to marry one of them).

(k)

Question (Seifa): If he went to a Chacham and annulled his vow or to a doctor and he removed his Mum, she is Mekudeshes.

1.

The Seifa should similarly discuss a man from an important family and say that she is not Mekudeshes!

(l)

Answer: A woman wants to be married in any case;

1.

(Reish Lakish): A woman says, 'It is better to live as two (i.e. married) than to live (alone) like a widow.'

2.

(Abaye): Even a woman married to an ant (a midget) puts her chair among the important women.

3.

(Rav Papa): Even if her husband cleans wool (a scorned profession), she goes out on the porch to greet him (she is not ashamed).

4.

(Rav Ashi): Even if he is from a bad family, she will not even request lentils (a simple accompaniment for her bread, for it suffices for her that she is married).

5.

(Beraisa): All women married to such men have Znus, and attribute the child to their husbands.

2)

MUMIM THAT INVALIDATE KIDUSHIN

(a)

(Mishnah): All Mumim that disqualify (a Kohen)...

(b)

(Beraisa): They added the following Mumim: sweat, a wart, and bad breath.

(c)

Question: These also disqualify a Kohen!

1.

(Mishnah): An animal that is old, Mezuham (sweaty) or sick (is a Ba'al Mum).

2.

(Mishnah): These disqualify a Kohen, whether they are permanent or temporary.

(d)

Answer #1 (R. Yosi bar Chanina): Sweat disqualifies a Kohen only if it cannot be washed away.

(e)

Answer #2 (Rav Ashi): Mezuham (odorous) is different that sweat.

1.

Sweat can be washed away with wine vinegar, so it does not disqualify a Kohen.

2.

Also bad breath is not a Mum. He can put a pepper in his mouth and serve!

i.

These remedies do not suffice for a wife.

(f)

Question: What is the case of the wart?

1.

If it has hair, it disqualifies also a Kohen!

2.

If it does not have hair but it is big, it disqualifies also a Kohen!

3.

If it does not have hair and is small, it does not disqualify a Kohen or a wife!

i.

(Beraisa): A wart with hair is a Mum. If it has no hair, it is a Mum only if it is big.

ii.

Question: What is considered big?

iii.

Answer (R. Shimon ben Gamliel): The size of an Italian Isar (a coin) is big.

(g)

Answer (R. Yosi bar Chanina): The wart (is small and has no hair, but it) is on her forehead.

(h)

Objection: If so, he saw it and accepted it!

(i)

Answer (Rav Papa): It is under her kerchief. Sometimes it is seen, and sometimes not.

(j)

(Rav Chisda): If a dog bit her and a scar remains, this is a Mum.

(k)

(Rav Chisda): A deep voice is a Mum - "Your voice is pleasant and your form is beautiful".

(l)

(Beraisa - R. Nasan Birah): A handbreadth between the breasts.

(m)

(Rav Acha brei d'Rava): This is an ideal amount.

(n)

(Rav Ashi): No, the Beraisa teaches that this is a Mum.

1.

Question: What is the proper amount?

2.

Answer (Abaye): It is three fingers.

(o)

(Beraisa - R. Nasan): If her breasts are bigger than other women's, this is a Mum.

(p)

Question: How much bigger is a Mum?

(q)

Answer (R. Maisha bar brei d'R. Yehoshua ben Levi): A handbreadth.

1.

Question: Is this ever the case?

2.

Answer: Yes! Rabah bar bar Chanah saw an Arab woman bend her breasts in back of her and nurse her child.

(r)

(R. Maisha): "It will be said, Ish v'Ish were born in Tziyon" - this applies equally to one born there, and one who anticipates seeing it.

(s)

(Abaye): One person born there is like two of us.

1.

(Rava): One of us who goes there is like two of them;

i.

In Bavel, R. Yirmiyah did not understand the Rabanan. After going to Eretz Yisrael, he calls us 'foolish Babylonians'.

3)

WHEN IN DOUBT WHEN THE MUMIM AROSE

(a)

(Mishnah - R. Meir): If she had Mumim in her father's house, the father must prove (to collect a Kesuvah) that they came after Kidushin, and the husband's field (wife) got spoiled;

(b)

If she entered the husband's Reshus and Mumim were found, the husband must prove (to be exempt from paying a Kesuvah) that they came before Kidushin, and the Kidushin was invalid;

(c)

Chachamim say that this applies only to Mumim in covered places. The husband has no claim about Mumim in exposed places.

75b----------------------------------------75b

(d)

If there is a bathhouse in the city, he has no claim even about Mumim in hidden places, since he checks her through his female relatives.

(e)

(Gemara): (In the Reisha) if the father does not bring proof, the husband is believed. This is like R. Yehoshua, who says that a woman is not believed (to say that she was a Besulah at the time of Kidushin, and was raped later - 12b);.

(f)

Question: In the Seifa, if the husband does not bring proof, the father is believed. This is like R. Gamliel, who says that she is believed (about this)!

(g)

Answer #1 (R. Elazar): We are forced to say that different Tana'im said these two clauses.

1.

(Rava): Don't say that R. Yehoshua never follows Chazakah of the body. This is only when Chazakah of money opposes it. If not, he follows it!

2.

(Beraisa): If the bright patch (Tzara'as) appeared and later a white hair developed inside, this makes him Muchlat (absolutely Tamei). If the white hair came first, he is not Muchlat. If we are in doubt, which came first, he is Muchlat;

3.

R. Yehoshua says, Kehah.

4.

Question: What does this mean?

5.

Answer (Rabah): (It is as if) it became weaker; he is Tahor (not Muchlat).

(h)

Answer #2 (Rava): One Tana taught the entire Mishnah. In the Reisha the Mumim were found by the father, so we assume that they were there from the beginning. In the Seifa the Mumim were found by the husband, so we assume they came when she was already married to him.

(i)

Question (Abaye - Mishnah): If she entered the husband's Reshus, he must prove that the Mumim arose before Kidushin, invalidating the Kidushin.

1.

It does not suffice to prove that the Mumim were there after Kidushin in her father's house. According to Rava, if they were found by the father, we assume that they were there from the beginning!

(j)

Answer (Rava): If he proves that the Mumim were there during Eirusin, we have a Chazakah, a man does not drink a cup (marry a woman) before he checks it! Certainly, he saw the Mum and accepted it!

(k)

Question: If so, the same applies even if the Mum preceded the Kidushin!

(l)

Answer: We have a Chazakah, a man does not accept Mumim.

(m)

Question: If so, the same applies when the Mum was seen after Kidushin in her father's house!

(n)

Answer: When the Mum was seen after Kidushin, two Chazakos oppose the husband: of her body (she was born without Mumim), and a man does not drink a cup before he checks it, and he accepted the Mum.

(o)

Question: We should say that that a man does not accept Mumim!

(p)

Rejection: That is one Chazakah. It does not override two Chazakos.

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