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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 72
4) WHAT A HUSBAND MAY IMPOSE ON HIS WIFE
(i) We understand, if he prohibits her to go to banquet
halls, this is a barrier in front of her.
(ii) Question: If he forbids her to go to a house of mourning -
how is this a barrier in front of her?
(iii) Answer (Beraisa): Version #1: When she will die, no one
will come to eulogize her.
1. Version #2: When she will die, no one will come to
bury her.
(b) (Beraisa - R. Meir): "It is better to go to the hose of
mourning than to the banquet hall, since it is the end of
every man, and the living will put to his heart" -
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 deceased, will be
accompanied; one who carries a deceased, will be
carried.
(c) (Mishnah): If he claimed for another matter, he is
allowed.
(d) Question: What is this other matter?
(e) Answer (Rav Yehudah): Licentious people that are found
there.
1. (Rav Ashi): This only applies if they are known to
be there - otherwise, he cannot prohibit his wife.
(f) (Mishnah): If he says, on condition that you tell ...
(g) Question: (Why must he divorce her and pay a Kesuvah) -
let her tell!
(h) Answer (Rav Yehudah): He asked her to tell shameful
things.
(i) (Mishnah): Or, you must fill ...
(j) Question: (Why must he divorce her and pay a Kesuvah) -
let her do this!
(k) Answer #1(Rav Yehudah): He asked her to spill his seed.
(l) Answer #2 (Beraisa): He asked her to fill 10 jugs of
water and spill them at the dumping site.
1. We understand, according to Rav Yehudah, why he must
divorce her and pay her Kesuvah.
2. Question: According to the Beraisa, what difference
does it make to her - let her do what he says!
3. Answer (Rabah Bar Bar Chanah): Because she appears
as a lunatic.
(m) (Rav Kahana): One who vows that his wife may not borrow
nor lend a sifter, mill or oven must divorce her and pay
her Kesuvah, since this gives her a bad reputation among
her neighbors.
(n) Support (Beraisa): One who vows that his wife may not
borrow nor lend a sifter, mill or oven 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.
5) WOMEN THAT FORFEIT THEIR KESUVOS
(a) (Mishnah): These are divorced and do not receive a
Kesuvah: one who transgresses Torah law, or the ways of
Bnos Yisrael;
1. Transgressing Torah law - this is feeding him food
which was not tithed, having relations with him when
she is Nidah, not separating Chalah, vowing and
transgressing her vows.
2. The ways of Bnos Yisrael - this is going out with
her head uncovered, weaving in the market, talking
with every man.
3. Aba Shaul says, even one who curses his ancestors in
front of him;
4. R. Tarfon says, even a loud-voiced woman.
i. A loud-voiced woman 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. Suggestion #1: If he knows that it is untithed - he
should not eat it!
2. Suggestion #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) (Gemara) Question: What is the case of having relations
with him when she is Nidah?
1. Suggestion #1: If he knows that she is Nidah - he
should refrain from relations!
2. Suggestion #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): "And she will count 7
days" - this teaches that she counts to herself
(and is believed).
(e) 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.
(f) Answer #2: As Rav Yehudah.
1. (Rav Yehudah): A woman that is established as a
Nidah among her neighbors, her husband is lashed for
having relations with her.
(g) (Gemara) Question: What is the case of not separating
Chalah?
1. Suggestion #1: If he knows that it was not separated
- he should not eat!
2. Suggestion #2: If he does not know that it was not
separated - how does he know that she did not
separate?
(h) Answer: She said that Ploni the kneader separated the
Chalah; he asked Ploni, and found that she lied.
(i) (Mishnah): She vows and transgresses her vows.
(j) This is grounds to divorce her and not pay her Kesuvah,
since children die on account of vows.
1. "Don't let your mouth cause a lack in your flesh..."
- the handiwork of man is his children.
2. (Rav Nachman): "In vain I struck your children" - on
matters of vain (oaths).
(k) (Beraisa - R. Meir): One who knows that his wife vows and
transgresses her vows should impose vows on her.
1. Question: How will this help?!
(l) Correction: He should anger her, so she will vow in front
of him, and he can annul the vows;
(m) Chachamim: A man cannot live with a snake in a basket (he
divorces her and does not pay a Kesuvah).
(n) (Beraisa - R. Yehudah): One who knows that his wife does
not separate Chalah should himself separate;
(o) Chachamim: A man cannot live with a snake in a basket (he
divorces her and does not pay a Kesuvah).
1. The version that learns that R. Yehudah counsels to
stay married by a wife that does not separate Chalah
- all the more so, the counsel helps for a wife that
transgresses her vows.
2. The version that learns that the counsel to stay
married was given regarding a wife that transgresses
her vows - but for a wife that doesn't separate
Chalah, one should divorce her - sometimes he will
forget, and will eat.
6) THE WAYS OF BNOS YISRAEL
(a) (Mishnah): Transgressing the ways of Bnos Yisrael - she
goes out with her hair uncovered ...
(b) Question: Uncovered hair is mi'Dioraisa!
1. (Beraisa - Tana d'Vei R. Yishmael): "He will uncover
her hair" - this warns Bnos Yisrael that they should
not go out with uncovered hair.
72b---------------------------------------72b
(c) Answer: mi'Dioraisa, it suffices to have a basket on her
head; the way of Bnos Yisrael forbids this.
(d) (R. Asi): A basket on the head is not considered
uncovered.
(e) Question (R. Zeira): Where is it sufficient?
1. Suggestion #1: If in the market - the way of Bnos
Yisrael says this is not enough!
2. Suggestion #2: If in the courtyard (she must cover
her hair) - no Bas Yisrael can stay married!
(f) Answer (Abaye): From courtyard to courtyard, through the
alleyway.
(g) (Mishnah): She weaves in the market.
(h) Opinion #1 (Rav Yehudah): The case is, she reveals her
arms to men.
(i) Opinion #2 (Rav Chisda): She weaves, with a thread
dangling by her 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, this is a case of weaving in the
market.
3. Chachamim: He said, this is a case of speaking with
all men.
(l) (Mishnah): Aba Sha'ul says, even if she curses his
ancestors in front of him.
(m) (Rav Yehudah): If she curses his ancestors in front of
his children.
1. The way to remember this is "Efraim and Menasheh
will be as Reuven and Shimon to me."
2. (Rabah): She says to him, in front of his son, '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): One who audibly asks for
relations.
(q) Answer #2 (Beraisa): When she has relations in this
courtyard, she can be heard in another courtyard.
1. Question: If so, this should be listed among
blemishes (in the Mishnah 75A)!
2. Answer: Rather, the 1st answer is correct.
7) MARRIAGE ON CONDITION
(a) (Mishnah): A man engages a woman on condition that she
has no vows, and it is found that she has vows - she is
not engaged;
(b) If he did Nisu'in without specifying, and she is found to
have vows - she leaves without a Kesuvah;
(c) 'On condition that she has no blemishes, and she is found
to have blemishes - she is not engaged;
(d) If he did Nisu'in without specifying, and she is found to
have blemishes - she leaves without a Kesuvah;
(e) All blemishes which disqualify Kohanim are considered
blemishes by a woman.
(f) (Gemara) Question: This Mishnah was also taught in
Kedushin!
(g) Answer: Here it was needed to teach the law of Kesuvos,
the law of engagement was added on; there it was needed
to teach the law of engagement, the law of Kesuvos was
added on.
(h) (R. Yochanan): The Mishnah speaks of these vows: she will
not eat meat, she will not drink wine, she will not wear
colored clothing.
(i) Support (Beraisa): The law applies to vows of affliction:
she will not eat meat, she will not drink wine, she will
not wear colored clothing.
(j) Question (Rav Papa): On which part of the Mishnah does
this apply?
1. Suggestion: If on the first part - since he does not
tolerate vows, any vow invalidates the engagement!
(k) Answer (Rav Papa): Rather, it applies to the end of the
Mishnah.
(l) Rejection (Rav Ashi): Really, one can say it applies to
the beginning of the Mishnah - things which people are
insistent about, his insistence is acknowledged; things
which people are not insistent about, his insistence is
ignored.
(m) A man engaged a girl on condition, and married her
without mentioning the condition.
1. (Rav): She needs a Get from him (before she can
marry someone else).
2. (Shmuel): She does not need a Get.
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