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1) WHEN MUST THE HUSBAND DIVORCE HIS WIFE?

(a) (Mishnah): R. Yehudah says, a Yisrael keeps his wife for 1 month.
(b) Question: The first Tana said the same!
(c) Answer #1 (Abaye): True! R. Yehudah just comes to give the law of a Kohen.
(d) Answer #2 (Rava): The 1st Tana says, a full month of 30 days; R. Yehudah says, a short month of 29 days.
(e) (Rav): The law of our Mishnah only applies when he specified the duration of his vow; if he did not specify, he divorces her immediately.
(f) (Shmuel): Even if he did not specify the duration, he delays divorcing her - perhaps he will find an opening to annul his vow.
(g) Question: Rav and Shmuel already argued on this!

1. (Mishnah): One who takes a vow forbidding his wife to have relations - Beis Shamai says, he waits 2 weeks before divorcing her; Beis Hillel say, 1 week.

i. (Rav): This only applies when he specified the duration of his vow; if he did not specify, he divorces her immediately.
ii. (Shmuel): Even if he did not specify the duration, he delays divorcing her - perhaps he will find an opening to annul his vow.

(h) Answer: It is necessary for them to argue on both Mishnayos.

1. If they only argued on that Mishnah - one would think, Rav only said not to wait because no one can substitute for the husband regarding relations; here, regarding food, the husband can find one to feed her in his stead, and Rav would admit to Shmuel!
2. If they only argued on our Mishnah - one would think, Shmuel only said to wait because he can have someone feed her - but regarding relations, this is not possible, and Shmuel would admit to Rav!

(i) (Mishnah): One who vows that his wife should not taste a type of fruit - he divorces her and pays a Kesuvah.

1. This fits well according to Rav - in the beginning of the Mishnah, he specified a time, therefore, he need not divorce her immediately; here, he set no limit, so he divorces her immediately.
2. Question: According to Shmuel, why does he divorce her right away?
3. Answer: The case is, she vowed, and he affirmed the vow; R. Meir holds, he is considered at fault.
4. Question (Beraisa - R. Meir and R. Yehudah): A woman that vowed to be a Nazirah, and her husband heard and did not annul it - she is blamed; if he wants, he may annul; if he does not want a wife that vows, he may divorce her without paying her Kesuvah;

i. R. Yosi and R. Elazar say, he is blamed - if he wants, he may annul; if he does not want a wife that vows, he may divorce and must pay her Kesuvah.

5. Answer #1: Switch the opinions - R. Meir and R. Yehudah say that he is blamed, R. Yosi and R. Elazar say that she is blamed.

i. Question: Does R. Yosi really say that she is blamed?
ii. (Mishnah): R. Yosi says, by a poor wife - if the vow was unlimited (he divorces her immediately and pays a Kesuvah).

6. Answer #2: Rather, R. Meir and R. Yosi say that he is blamed, R. Yehudah and R. Elazar say that she is blamed.

i. Question: Does. R. Yehudah really say that she is blamed?
ii. (Mishnah): R. Yehudah says, a Yisrael keeps his wife for 1 month.

7. Answer #3: Rather, R. Meir, R. Yehudah and R. Yosi say that he is blamed, R. Elazar says that she is blamed.
8. Answer #4: Alternatively, you can say that 2 Tana'im argue on each side - R. Meir and R. Elazar say that she is blamed, R. Yehudah and R. Yosi say that he is blamed.

i. Our unauthored Mishnah is unlike R. Meir.

(a) (Mishnah): R. Yosi says, by a poor wife - if the vow was unlimited (he divorces her immediately and pays a Kesuvah - apparently, he could have annulled the vow, and is blamed for not having done so).
(b) Contradiction (Mishnah): A husband may annul the following: matters of affliction - If I will wash, if I will not wash; if I will use cosmetics, if I will not use cosmetics;

1. R. Yosi says, these are not vows of affliction, rather the following: I will not eat meat, I will not drink wine, I will not wear colored clothing.

(c) Answer #1: We are dealing with cosmetics which affect relations.

1. This answer fits the opinion that says that a husband can annul such matters.
2. Question: According to the opinion that a husband cannot annul such matters, what can we answer?

i. (Rav Huna): A husband can annul matters between him and her; Rav Ada Bar Ahavah says, he cannot - we never found a fox dead in its hole (the lack of these cosmetics will not harm the husband).

(d) Answer #2: She prohibited relations if she will use cosmetics - 'The pleasure of relations with you is forbidden to me if I use cosmetics.'

1. This is as Rav Kahana.
2. (Rav Kahana): A wife that vows, 'The pleasure of relations with me is forbidden to you' - her husband may force her to have relations (the vow is void);

i. 'The pleasure of relations with you is forbidden to me' - he should annul this, since we do not feed a person what is forbidden to them.

(e) Question: (Why must he divorce her) - she should not use cosmetics, and she will not be forbidden to him!
(f) Answer: If she refrains from using cosmetics, people will say she is repulsive.
(g) Question: She should use cosmetics, and become forbidden to her husband for 2 weeks according to Beis Shamai, or 1 week according to Beis Hillel (why must he divorce her immediately?)
(h) Answer: Waiting a week or 2 only applies when he vowed - she reasons, he vowed when he was angry, and now his mind is settled;

1. When she vowed, and he did not annul it, she feels that this shows that he hates her.

(i) (Mishnah): R. Yosi says, by poor wives, if no limit was set.
(j) Question: How much is a limit?
(k) Answer #1 (Rav Yehudah): 12 months.
(l) Answer #2 (Rabah Bar Bar Chanah): 10 years.
(m) Answer #3 (Rav Chisda): One festival, because Bnos Yisrael use cosmetics on the festivals.
(n) (Mishnah): By a rich wife, 30 days.
(o) Question: What is special about 30 days?
(p) Answer (Abaye): An important woman enjoys the scent of her cosmetics for 30 days.

(a) (Mishnah): One who vows that his wife should not go to her father's house - if her father is in their city, for 1 month he keeps her, 2 months, he divorces her and pays her Kesuvah; if her father is in a different city, for 1 festival he keeps her, 3 festivals, he divorces her and pays her Kesuvah;
(b) One who vows that his wife should not go to a house of mourning, or a banquet hall, he divorces her and pays her Kesuvah, because he puts a barrier in front of her; if he claims because of another matter, he may make such a vow;
(c) If he said to her, on condition that you say to Ploni what you said to me, or what I said to you; or, that you fill and pour in the garbage dump - he divorces her and pays her Kesuvah.
(d) (Gemara) Question: The Mishnah contradicts itself!

1. It says, he keeps her for 1 month - implying, 2 months he must divorce her and pay her Kesuvah; then it says, 3 months he must divorce her and pay her Kesuvah - implying, 2 months he may keep her!

(e) Answer #1(Abaye): The end of the Mishnah refers to a Kohen's wife, according to R. Yehudah.
(f) Answer #2 (Rabah Bar Ula): Regarding a woman that is constantly running to her father's house, he keeps her 1 month; if she is not constantly running to her father's house, he keeps her 2 months.
(g) (R. Yochanan): "Then I was in his eyes as one that finds Shalom" - As a Kalah that is found Shleimah (perfect) in her father-in-law's house, and is constantly running to tell her praise in her father's house.
(h) (R. Yochanan): "... says Hash-m, you will call me Ishi (my husband), and you will not call me Ba'ali (my betrothed) any more." - as a Kalah in her father-in-law's house, and not as a Kalah in her father's house.
(i) (Mishnah): One who vows that his wife ...