A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Ketuvot 77A - 77B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
April 28, 2006
Duration
64:49

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This is the Beit Midrash Edition, an audio series of the Talmud Bavli. The tractate of Masechet Ketubot has been dedicated by our dear friend Mr. Elliot Shasho. May Hashem protect him and give him life. May the merit of the study of Masechet Ketubot stand for him so that, with God's help, he should have a good and blessed year, happiness, wealth, honor, peace in his home, and success in all his endeavors. And may he continue to be a supporter of Torah and all holy projects. Amen.

Today’s page is Daf Ayin Zayin. We begin today's page on Ayin Vav, Amud Bet, two lines from the bottom starting with the words VeChachamim omrim. We learned in our Mishnah that if a woman has mumin, blemishes, that is a reason for the husband to claim mekach taut (a mistaken acquisition) and seek to annul the marriage. The Mishnah specifies that this applies only to mumin shebasseter (hidden blemishes). If the blemishes are obvious, mumin shebagalui, then the husband has seen them and we can assume he accepted them, thus he cannot later claim mekach taut.

The Gemara states: Amar Rav Nachman, epilepsy is considered a mum shebasseter, which means it is hidden. The Gemara clarifies: this is true only when the epilepsy occurs at set times, allowing the woman to conceal it from her husband. However, if the epilepsy does not have a set time and can occur at any moment, it is considered mumin shebagalui because the husband will inevitably witness it; thus, if he marries her anyway, it indicates that he is mochel (forgiving).

The Gemara continues with the next Mishnah: Ha'ish shenoldu bo mumin. If the husband develops mumin after the marriage, we do not force him to divorce. Earlier, we learned that a woman is generally more tolerant of her husband's mumin than he is of hers. This is based on the principle that a woman is happy to be married and enjoys companionship. Therefore, if he has mumin, we do not compel him to divorce.

Rabban Shimon ben Gamliel states that this applies only to minor mumin. However, if the mumin are major, we do compel him to divorce. The Gemara now analyzes: if we consider the case of noldu (developed after marriage), it makes sense that there is a distinction between major and minor mumin. A woman may tolerate minor blemishes, but major ones are intolerable.

However, if we consider the case of hayu (present before marriage), what difference does it make whether they are major or minor? She accepted them when she married him. The Gemara explains that she may have thought she could tolerate them, but later realizes she cannot. Thus, if the mum gadol (major blemish) was evident at the time of marriage, she can later demand a divorce if it becomes intolerable.

Rabban Shimon ben Gamliel lists examples of major mumin: if one of his eyes becomes blind, if one of his arms is cut off, or if one of his legs is severed. Rabbi Abba bar Yaakov states that the halacha follows Rabban Shimon ben Gamliel, indicating a distinction between major and minor mumin.

The Gemara then discusses cases where the husband must be compelled to divorce. For instance, if he has boils all over his body or suffers from a foul odor due to his profession, the wife can demand a divorce regardless of whether these conditions existed before or developed after marriage. Rabbi Meir asserts that even if a husband made a condition regarding his profession, the wife can later claim she cannot tolerate it, and thus she can demand a divorce.

The Mishnah concludes that there are certain conditions under which one must compel the husband to divorce, such as if he is a muka schin (one afflicted with boils), as the condition is detrimental to the wife. The Gemara explores the implications of these conditions, noting that if the husband has a profession that produces an unbearable odor, the wife can demand a divorce regardless of prior knowledge or acceptance.

As the discussion continues, the Gemara delves into the nature of certain professions and their impact on marital relationships, emphasizing that a woman should not have to endure intolerable conditions that affect her well-being. The conversation leads to the examination of specific cases and the halachic principles governing them.

Thus, we see that the Gemara navigates complex scenarios surrounding marital obligations and the distinctions between various types of blemishes, both physical and situational, underscoring the importance of mutual respect and consideration in marital relationships.