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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 72



(a) We learned earlier that a husband who forbids his wife to visit Aveilim or to attend weddings, must divorce her immediately and pay her Kesuvah. A woman cares about not going to visit an Aveil, either because 'Ein Adam Sofdah', or because 'Ein Adam Sofnah'. 'Ein Adam ...
1. ... Sofdah' means - that nobody will eulogize her.
2. ... 'Ein Adam Sofnah' - that nobody will (consider her important enough to) assist in her burial.
(b) Rebbi Meir in a Beraisa learns from the Pasuk "Tov Laleches el Beis Aveil ... *ve'ha'Chai Yiten el Libo"* - that the living should take to heart that, what they would like done to them when they die, they should do to others whilst they are still alive.

(c) Those who bury others will be buried, and those who eulogize will be eulogized, he says. In addition - those who raise their voices in lamentation (causing others to weep), who accompany the coffin or the stretcher from the house to the burial-ground or who carry it, will receive the same treatment from others when their turn arrives.

(d) A husband is entitled to forbid his wife to visit an Aveil or to attend a wedding - if he knows for sure that there are indecent people there (and he is afraid of the consequences).

(a) When the Tana of our Mishnah rules that if a man agrees to nullify his wife's Neder on condition that she ...
1. ... tells so-and-so what they spoke between them, he is obligated to divorce her immediately and pay her Kesuvah - he is referring to the small talk that husband and wife indulge in during Tashmish.
2. ... fills and pours into the trash-bin - he is referring (according to Rav Yehudah Amar Shmuel) to making her run immediately after Tashmish, in order to prevent her from becoming pregnant.
(b) The Beraisa interprets the Mishnah to mean 'on condition that she fills ten jars with water and then pours them out' - causing her to appear a fool in the eyes of others.

(c) Rav Kahana says that a husband who stipulates that he will nullify his wife's Neder only on condition that she refuses to borrow regular household articles from her neighbors or lend hers to them - must divorce her immediately and pay her Kesuvah, because such behavior gives her a bad name among her neighbors.

(d) The Tana in a Beraisa corroborates this, adding - that in the event of a woman making similar Nedarim (incorporating a Neder that she will not weave clothes for his children), her husband may divorce her immediately without a Kesuvah.

(a) Both a woman who transgresses 'Das Moshe' and 'Das Yehudis' goes out without a Kesuvah. 'Das Moshe' - refers to what is Asur min ha'Torah; 'Das Yehudis' - to what is only Asur mi'de'Rabbanan.

(b) A woman who serves her husband food that is not Ma'asered or bread from which Chalah was not separated, or one who does not observe the laws of Taharas ha'Mishpachah, falls under the category of 'Das Moshe'. A woman who ...

1. ... fails to keep the Nedarim that she makes - also belongs there.
2. ... goes in the street with her head uncovered - belongs in the second category (Das Yisrael).
3. ... spins in the street or talks with any man - belongs in the category of Das Yisrael (this will be explained later).
(c) Aba Shaul adds a woman who curses her husband's parents (this will be explained later). Rebbi Tarfon adds a Kolanis - a woman who talks so loudly that the neighbors hear her when she speaks (this too, will be explained later).
(a) We learned in our Mishnah that if a woman serves her husband un'Ma'asered food or bread from which Chalah was not taken, she goes out without a Kesuvah. The Tana cannot be speaking when he knows that she places in front of him is not Ma'asered or that Chalah was not taken - because then, he should simply separate them himself (and there are not sufficient grounds for her to lose her Kesuvah).

(b) Her husband discovered that what he ate was not Ma'asered or was Tevel (for Chalah) - after she named the person who separated Ma'asros or took Chalah on her behalf, but when he went to check this out, he discovered that it was not true.

(c) And in the case where she does not observe the laws of Taharas ha'Mishpachah, he subsequently discovers that she was a Nidah ...

1. ... according to the first explanation - after she named the Chacham who declared her Tahor, and he went to check to out.
2. ... according to the explanation based on Rav Yehudah's principle - by hearing it from the neighbors, because Rav Yehudah said that if the neighbors testify that they saw her wearing the clothes that she usually wears when she is a Nidah, the husband will receive Malkos, should he ignore them.
(d) We learn from the Pasuk "ve'Safrah Lah Shiv'as Yamim" - that a Nidah is believed to count her days of Tum'ah and declare herself Tahor
5) One Pasuk writes "Al Titen es Picha Lachti es Besarcha ... ve'Chaval es Ma'aseh Yadecha", and another Pasuk writes "la'Shav Hikeisi es Beneichem". We know that ...
1. ... the first Pasuk is referring to the death of one's children - because *they* are the 'Ma'aseh Yadayim' of a person.
2. ... the second Pasuk is referring to Nedarim that were not fulfilled - because Rav Nachman bar Yitzchak Darshens "la'Shav" to mean Nedarim that were not kept ('vain words').
(a) When Rebbi Meir says that a man whose wife is prone to making Nedarim and not keeping them should forbid her with a Neder whilst she is in his presence - he really means that he should vex her from time to time, thereby inducing her to make any Neder that she has on her mind, and then immediately nullify it.

(b) The Rabbanan say - that a man cannot live with a snake in one basket (meaning that the situation is impossible to handle, because she may make a Neder when he is not aware of it and cause him to sin [by feeding him things that are forbidden to him due to her Neder]). Consequently, he should divorce her immediately without a Kesuvah.

(c) In another Beraisa, the Rabbanan say the same thing regarding a woman who serves her husband bread from which Chalah has not been taken. Rebbi Yehudah says there - that a man who knows that his wife tends to do that should make a point of always separating Chalah from whatever she serves him.

(d) Rebbi Meir (in the previous case - Nedarim) might concede to the Chachamim in this one (Chalah) that one cannot live with a snake in one basket - because Chalah is far more common than Nedarim.

(a) We query the Mishnah, which refers to a woman going in the street with her hair uncovered as having contravened 'Das Yehudis' - from the Pasuk in Naso "u'Fara es Rosh ha'Ishah", which teaches us that a woman is Chayav min ha'Torah to keep her hair covered.

(b) We answer that our Mishnah is speaking about Kalsah - a wickerwork basket which is hollow on one side, so that it fits on to her head, and has a receptacle on the other side, to hold her spinning accessories. In any event, it is considered a breach of Das Yehudis to wear a Kalsah in public, because it contains gaps through which some of her hair can be seen.

(c) When Rebbi Asi Amar Rebbi Yochanan said that a Kalsah is not considered uncovered, he could not have been referring to a Chatzer - because there, not even a Kalsah is required (otherwise, most women of that time [who tended to go with uncovered hair in the Chatzer] would have contravened 'Das Yisrael').

(d) He must therefore be speaking when she goes (briefly) from one Chatzer to another via a Mavoy.




(a) Rav Yehudah Amar Shmuel explains that 'Spins in the market' is included in Das Yehudis, because she inevitably uncovers her arms in the process. According to ...
1. ... Rav Chisda Amar Avimi - it is Das Yehudis because she spins in such a way that the yarn hangs down on to her lap attracting attention to that spot.
2. ... Rav Yehudah Amar Shmuel explains - 'She talks to everyone' to mean that she jokes with the young men.
(b) That Arab woman was spinning (in precisely the way that we just described as a contravention of Das Yehudis) when she saw Rabah bar bar Chanah walking behind Rav Ukva.

(c) When she saw him ...

1. ... she stopped spinning and threw down the yarn ...
2. ... and then asked him to pick it up for her.
(d) Rav Ukva said something at that point. According to Ravina, he said 'Toveh ba'Shuk' - according to the Rabbanan, he said 'Medaberes im Kol Adam'.
(a) Rav Yehudah Amar Shmuel interprets 'Yoledes Yoladav be'Fanav' - to incorporate where she curses her husband's father in front of his children (and not only in front of him).

(b) He bases this on the Pasuk "Efrayim u'Menasheh ki'Reuven ve'Shimon Yihyu Li" - from which we learn that in certain respects, grandsons are like sons (as is the case here).

(c) Rabah or Rava give an example to explain 'Yoledes Yoladav bi'Fnei Molidav' - of when a woman expresses her wish in front of her sons, that a lion should eat her husband's father.

(a) According to Rav Yehudah Amar Shmuel - 'a Kolanis' is a woman who raises her voice whilst arguing about Tashmish, despite the fact that the neighbors can hear all that is being said.

(b) We refute the Beraisa's explanation (which we cited in the Mishnah), that her voice carries to all the neighbors - on the grounds that, in that case, this ought to have appeared in the Mishnah of blemishes later in this Perek, rather than here.

(a) If a man betroths a woman on condition that she has no Nedarim and he later discovers that she has - the Kidushin is not valid.

(b) In a case when he marries her S'tam and then discovers that she has Nedarim - the Tana in our Mishnah says she goes out without a Kesuvah.

(c) In the equivalent cases ...

1. ... if a man betroths a woman on condition that she has no blemishes, and he then discovers that she did - the Kidushin is invalid.
2. ... if he married her S'tam and then discovers that she has blemishes - she goes out without a Kesuvah (exactly like by Nedarim).
(d) The same kind of blemishes that invalidate a Kohen from serving on the Mizbei'ach (as listed in Parshas Amor) - will invalidate the Kidushin or the marriage.
12) Rebbi found it necessary to insert this Mishnah here - because of the Din of Kesuvah that it contains (and the Dinim of Kidushin are only subsidiary). And he inserted it in Kidushin - because of the Din of Kidushin that it contains (and the Din of Kesuvah is subsidiary).


(a) Rebbi Yochanan Amar Rebbi Shimon ben Yehotzadak lists three Nedarim which our Mishnah incorporates - that she will not eat meat, drink wine or wear nice clothes, because all of these are Nidrei Inuy Nefesh, which cause her to lose her good looks and to look ugly in his eyes.

(b) Rav Papa thinks that Rebbi Yochanan cannot be referring to the Reisha of our Mishnah (where he betrothed her on condition that she had no Nedarim) - because then, what would be the difference between those three Nedarim and other Nedarim?

(c) If, as Rav Papa says, he refers to the Seifa (Kansah S'tam) - then we must explain the Seifa as being independent from the Reisha (i.e. when he married her S'tam, even if he had *not* previously made any conditions prior to the betrothal).

(d) Rav Ashi establishes Rebbi Yochanan on the Reisha. He refutes Rav Papa's proof (from the fact that the husband expressly stipulated that she was to have no Nedarim) - on the grounds that the husband was presumably being particular with regard to Nedarim that most people are fussy about, but not with regard to other Nedarim.

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