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14) IF THE VOW WAS UNDONE

1. Answer: "Bnei Yisrael did not kill them, because the princes of the congregation had sworn to them."

i. What is considered (in front of) many?
ii. Answer #1 (Rav Nachman Bar Yitzchak): 3 - as we learned, "(A woman that will see blood) many days" - "days" teaches 2, "many" - 3.
iii. Answer #2 (R. Yitzchak): 10 - It says "congregation" (which is known to mean 10 from the congregation of spies).

2. (Beraisa above - R. Meir) If the vow can only be annulled by a Chacham, he may not remarry her; if the husband can annul it, he may remarry her;
3. R. Elazar says, we only prohibited him from remarrying her in the case when a Chacham is needed on account of the case when a Chacham is not needed.
4. Question: What is the source of their dispute?
5. Answer: R. Meir says, a man does not mind if his wife is shamed by having to go to Beis Din; R. Elazar says, a man does not want his wife to be shamed by going to Beis Din.

(b) Answer #2 (To 3:d, 74B - Rava): The latter Beraisa (which says that she is not engaged if she annuls her vows) is the case of a woman from an important family.

1. The husband does not want the engagement to take effect, lest he be forced to give her a Get and become forbidden on her relatives.

(c) Question: But the end of the Beraisa says, if he went to a Chacham and annulled his vow, or to a doctor and he removed the blemish, she is engaged!

1. Similarly, the Beraisa should speak of a man from an important family, and the law should be, they are not engaged!

(d) Answer: A woman wants to be engaged to any man.

1. (Reish Lakish): A woman says, 'It is better to live as 2 (i.e. married) than to live as a widow.'
2. (Abaye): A woman married to an ant (i.e. even a midget) puts her chair among the important women.
3. (Rav Papa): Even if her husband cleans wool (a scorned profession), she goes out on the porch to greet him (and is not ashamed).
4. (Rav Ashi): Even if he is from a bad family, she will not even request lentils (it suffices to her that she is married).
5. (Beraisa): All women married to such men have extramarital relations, and attribute the child to their husbands.

(a) (Mishnah): All blemishes that disqualify (a Kohen) ...
(b) (Beraisa): They added: sweat, a wart, and bad breath.
(c) Question: Do these not disqualify a Kohen?!

1. (Mishnah): An old, sick or Mezuham sweaty (animal).
2. (Mishnah): These disqualify a Kohen, whether they are fixed or passing.

(d) Answer #1 (R. Yosi Bar Chanina): Sweat which can be washed away does not disqualify a Kohen; if it cannot be washed away, it disqualifies him.
(e) Answer #2 (Rav Ashi): Sweat and Mezuham (odorous) are different.

1. (Any) sweat can be washed away, with wine vinegar, and does not disqualify a Kohen.
2. Bad breath also - he can put a pepper in his mouth, and serve!

i. These remedies do not suffice for a wife.

(f) Question: What is the case of the wart?

1. Suggestion #1: If it has hair - it also disqualifies a Kohen!
2. Suggestion #2: If it does not have hair - if it is big, it also disqualifies a Kohen!
3. Suggestion #3: If it does not have hair and is not big, it does not disqualify a Kohen nor a wife!

i. (Beraisa): A wart which has hair is a blemish; if it has no hair - if it is big, it is a blemish; if it is small, it is not a blemish.

4. Question: What is considered big?
5. Answer (R. Shimon Ben Gamliel): The size of an Italian Isar (a coin).

(g) Answer #1 (R. Yosi Bar Chanina): The wart is (small and without hair, but it is) on her forehead.

1. Objection: If so, he saw it and accepted it!

(h) Answer #2 (Rav Papa): It is under her kerchief; sometimes it is seen, sometimes not.
(i) (Rav Chisda): If a dog bit her and a scar remains, this is a blemish.
(j) (Rav Chisda): A deep voice is a blemish - "Your voice is pleasant, and your form, beautiful".
(k) (Beraisa - R. Noson Birah): A handbreadth between the breasts.

1. (Rav Acha Brei d'Rava): This is the proper amount.
2. (Rav Ashi): No, the Beraisa lists this as a blemish.
3. Question: What is the proper amount?
4. Answer (Abaye): 3 fingers.

(l) (Beraisa - R. Noson): If her breasts are bigger than other women's, this is a blemish.
(m) Question: How much bigger?
(n) Answer (R. Maisha Bar Brei d'R. Yehoshua Ben Levi): A handbreadth.

1. Question: Is this ever the case?
2. Answer: Yes!

i. Rabah Bar Bar Chanah: I saw an Arab woman that hung her breasts in back of her and nursed her child.

(o) (R. Maisha): "Of Tziyon, it will be said, this man was born there, and He will make it supreme" - this applies equally to one born there, and one who anticipates seeing it.

1. Abaye: 1 person born there is as 2 of us.
2. Rava: 1 of us that goes there is as 2 of them.

i. R. Yirmiyah did not understand the Rabanan when he was here - when he got to Eretz Yisrael, he called us 'foolish Babylonians'.

(a) (Mishnah - R. Meir): If she had blemishes in her father's house - the father must prove (to collect a Kesuvah) that they came after engagement, and the husband's field (wife) got spoiled;
(b) If she entered the husband's domain, and blemishes were found - the husband must prove (to be exempt from paying a Kesuvah) that they came before engagement, and the engagement was invalid;
(c) Chachamim say, this only applies to blemishes in covered places; but blemishes in exposed places, the husband has no claim;

(d) If there is a bathhouse in the city, he has no claim even by blemishes in hidden places, since he checks her through his female relatives.
(e) (Gemara): (In the 1st case) - if the father does not bring proof, the husband is believed - this is as R. Yehoshua, who says that she is not believed.
(f) Question: But in the 2nd case, if the husband does not bring proof, the father is believed - this is as R. Gamliel, who says that she is believed!
(g) Answer #1 (R. Elazar): We are forced to say that different Tana'im said these 2 clauses.

1. (Rava): Don't say, R. Yehoshua doesn't go after Chazakah of the body at all - this is only when Chazakah of money opposes it; if not, he goes after it!
2. (Beraisa): If the bright patch (a plague) appeared before a white hair - he is (absolutely) Tamei; if the hair came first - he is not (absolutely) Tamei; if we are in doubt, which came first - he is Tamei; R. Yehoshua Kehah.
3. Question: What does it mean - Kahah?
4. Answer (Rabah): Not Tamei.

(h) Answer #2 (Rava): In the 1st case, the blemishes were found by the father, we assume they were there from the beginning; in the 2nd case, the blemishes were found by the husband, we assume they developed when she was already engaged to him.

1. Question (Abaye - Mishnah): If she entered the husband's domain, he must prove that the blemishes arose before engagement, invalidating the engagement.

i. It does not suffice to prove that the blemishes were there after engagement (in her father's house) - by Rava's reason, this should be enough - we say, they were found by the father, they were by the father from the beginning!

2. Answer (Rava): If he proves that the blemishes were there during engagement - we have a Chazakah, a man does not drink a cup (marry a woman) before he checks it!

i. Certainly, he saw the blemish and accepted it!

3. Question: If so, even if the blemish preceded the engagement!
4. Answer: We have a Chazakah, a man does not accept blemishes.
5. Question: If so, also when the blemish was seen after engagement, say that a man does not accept blemishes!
6. Answer: Rather, when the blemish was seen after engagement, 2 Chazakos oppose the husband - the Chazakah of her body (she was born without blemishes), and a man does not drink a cup before he checks it, and he accepted the blemish;

i. Suggestion: Let us say, a man does not accept blemishes!