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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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