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16) ONE WHO LEAVES MONEY FOR HIS CHILDREN

(a) (Rav Chisda): The law is, whether or not he said 'only', we give them all they need.
(b) Question: But we hold, the law is as R. Meir, who says 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 only said what he did so they should be frugal.
(d) (Mishnah): Pa'utos (mature children) - their purchase and sale are valid in Metaltelim.
(e) (Rafram): But if they have a guardian, their purchase and sale are invalid.

1. The end of our Mishnah teaches this - 'the actions of a minor are void'.
2. Question: Perhaps this is only when the property was entrusted to a 3rd party!
3. Answer: If so, the Mishnah should have said, but by a minor, the 3rd party does as he was instructed.

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

1) ONE WHO PROHIBITS HIS WIFE THROUGH A VOW

(f) (Mishnah): One who vows that his wife should not get benefit from him - up to 30 days, he arranges that someone else feed her; beyond this, he divorces her and pays her Kesuvah;
(g) R. Yehudah says, a Yisrael that vows thusly may keep his wife for 1 month; 2 months, he must divorce her and give her Kesuvah; by a Kohen, he keeps her 2 months; 3 months, he must divorce her and give her Kesuvah.
(h) One who prohibits any type of fruit on his wife through a vow - he divorces her and pays her Kesuvah; R. Yehudah says, a Yisrael may keep her for 1 day; 2 days, he must divorce her and give her Kesuvah; by a Kohen, he keeps her 2 days; 3 days, he must divorce her and give her Kesuvah.
(i) One who prohibits any type of cosmetics on his wife through a vow - he divorces her and pays her Kesuvah; R. Yehudah says, a poor woman, if he gave no limit to the duration of the vow; by a rich woman, 30 days.
(j) (Gemara) Question: Since he is obligated to her - how can he prohibit her through a vow to uproot his obligation?!

1. A wife that says 'Konam (should be forbidden as a sacrifice) what I produce to your mouth' - the husband does not need to annul this.

i. Since she is obligated to him, she cannot uproot her obligation!

2. Here too, he cannot uproot his obligation to feed her!

(k) Answer #1: Since he can say, 'Use your earnings to feed yourself' - it is as if he said this.

1. Rav Huna taught: A wife can tell her husband, do not feed me and I will keep my earnings.
2. Question: According to Rav Huna, when she says, 'What I produce is Konam to your mouth' - why doesn't the husband need to annul this?

i. We should say, it is as if she says, do not feed me and I will keep my earnings!

(l) Answer #2: Rather, the case is, 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 is obligated to supply the shortcoming - 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. Suggestion #1: If she is used to them - he must supply them!
ii. Suggestion #2: 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 can someone else supply these things only until 30 days?
8. Answer: Until 30 days, people do not know she is being supplied, there is no disgrace. After 30 days, people hear that she is being supplied, she is disgraced.

(m) Answer #4: He vowed when she was engaged (before he was obligated to feed her).

1. Question: If so, why must he have someone supply her needs - he has no obligation!
2. Answer: The planned time of Chupah came, and he did not marry her.

i. (Mishnah): If the time came and they were not married, she eats his food, and she eats Trumah.

3. Question: Why does this only apply until 30 days?
4. Answer: A messenger will fulfill his mission for 30 days and no longer.

(n) Answer #5 He vowed when she was engaged, and then married her.

1. Objection: If they were married - she knew about the vow, and accepted to marry him anyway (why must he divorce her and pay a Kesuvah)!
2. Answer: She says, 'I thought that I could endure it; now I see that I cannot.'
3. Objection: We only say that regarding blemishes - would we say it regarding food?

i. Rather, we must answer as one of the above answers.

(a) (Mishnah): Until 30 days, he has someone feed her.
(b) Question: Isn't this person acting as the husband's messenger (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: Is this not considered as acting as the husband's messenger?

1. (Mishnah): Someone who is in a pit and cries, whoever hears my voice should write a Get to my wife - people that hear this may write and give a Get.

(e) Answer: That is different - there, he instructed (whoever hears his voice) to write - here, he did not instruct to feed, he just said, whoever feeds will not lose!
(f) Question: R. Ami taught, regarding a fire (on Shabbos), a person may say, 'Whoever extinguishes will not lose.'

1. Suggestion: By a fire, it is allowed - but not in our case!
2. Rejection: No, by a fire, it is allowed - but not by other prohibitions of Shabbos.

(g) Question (Rabah - Mishnah): Reuven is forbidden by a vow from getting benefit from Shimon, and lacks food. Shimon may go to a grocer he often buys from, and say, '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 that feeds..."!
3. Rejection: No, this is also allowed - the Mishnah teaches a greater Chidush!

i. Not only "Anyone that feeds" is allowed, since he is speaking in general - but in the Mishnah, he is frequent by the grocer, and he tells him - it is as if he tells him to feed him - still, it is allowed!

(h) (Mishnah): Reuven is forbidden by a vow from getting benefit from Shimon, and lacks food. Shimon may go to a grocer he often buys from, and say, '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.

(i) Reuven had to build his house, or a fence, or harvest his field. Shimon goes to workers, and says, 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.

(j) They were walking on the road, and Reuven lacks food. Shimon gives to a 3rd party as a gift, and Reuven may take from him.

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

(k) (Rava): R. Yosi forbids this on account of a gift as Beis Choron (a case in which a totally insincere gift was given to evade a vow not to derive benefit).