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

Daf Yomi

Ketuvot 59A - 59B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
April 21, 2006
Duration
75:13

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

The Mishnah introduces the concept of Motar, which refers to the surplus earnings a wife generates beyond her fixed wages for her labor (Maasei Yadayim). This Motar is typically given to the husband, as he provides her with a weekly allowance. The Mishnah states that if a husband consecrates this Motar as Hekdesh (sacred property), Rabbi Meir holds that the consecration takes effect. However, Buhanna Sandlar argues that it does not take effect. The Gemara immediately questions the timing: at what point does this Motar become consecrated?

Rav Shmuel posits that the Motar does not become consecrated until after the wife's death. His reasoning implies that during her lifetime, the Motar fundamentally belongs to the wife, and thus the husband has no right to consecrate it. Only upon her death, when he inherits it, does it become his, and only then can the consecration take effect. He is, in essence, consecrating something that will become his in the future. Rabba bar Rav Huna, however, disagrees, asserting that the Motar becomes consecrated immediately, while the wife is still alive.

The Gemara, through Abaye, analyzes the underlying assumptions of these two opinions. The Mishnah's case involves a husband who provides his wife with sustenance (Mezonot) but does not give her the weekly allowance (Ma'a Kesef). If the husband provides both Mezonot and Ma'a Kesef, the Motar would immediately belong to him, and the consecration would take effect without delay. The debate arises when the husband provides Mezonot but not Ma'a Kesef.

The core of the dispute between Rav Shmuel and Rabba bar Rav Huna lies in which spousal obligation is considered to correspond to which spousal right. Rav Shmuel holds that the Mezonot (sustenance) the wife receives corresponds to her Maasei Yadayim (labor), while the Ma'a Kesef (allowance) corresponds to the Motar (surplus earnings). In the Mishnah's scenario, where the husband provides Mezonot but not Ma'a Kesef, the Motar belongs to the wife, as the allowance that would entitle the husband to it is not being paid. Therefore, the husband cannot consecrate it during her lifetime; it only becomes his upon inheritance after her death.

Rabba bar Rav Huna, conversely, maintains that Mezonot (sustenance) corresponds to the Motar (surplus earnings), and Ma'a Kesef (allowance) corresponds to the Maasei Yadayim (labor). Since the Mishnah's case involves the husband providing Mezonot, according to Rabba bar Rav Huna, the Motar immediately belongs to the husband. Consequently, he can consecrate it during her lifetime, and the Hekdesh takes effect immediately.

The Gemara then probes the rationale behind these differing correspondences. Rav Shmuel believes in matching "common things corresponding to common things." Since eating (Mezonot) is a common necessity for every woman, and working (Maasei Yadayim) is a common activity, he pairs Mezonot with Maasei Yadayim. Rabba bar Rav Huna, on the other hand, advocates for matching "set-price items corresponding to set-price items." He argues that Ma'a Kesef (a fixed allowance) should correspond to Maasei Yadayim (a fixed amount of labor, e.g., five Sela'im of yarn), while Mezonot (sustenance) should correspond to the Motar (the variable surplus).

The Gemara raises a challenge to Rav Shmuel's position from a statement that implies Ma'a Kesef is connected to Maasei Yadayim, contradicting his pairing of Mezonot with Maasei Yadayim. It then reinterprets the statement to align with Rav Shmuel's view, suggesting that if the husband does not give Ma'a Kesef, the wife keeps her Maasei Yadayim, and implicitly, her Motar. This implies Ma'a Kesef is for Motar, which is Rav Shmuel's stance. The Gemara clarifies that the discussion about the quantity of Maasei Yadayim (e.g., five Sela'im in Judea) serves to define the baseline labor, beyond which any earnings constitute Motar.

The Gemara then reviews how these two opinions (Rav Shmuel and Rabba bar Rav Huna) interpret the Mishnah. The first part of the Mishnah states that if a husband consecrates his wife's Maasei Yadayim, it is ineffective because it belongs to her. This is understood as a case where the wife explicitly states, "I do not want your Mezonot, and therefore you do not get my Maasei Yadayim." Since her labor belongs to her, his consecration is void. The second part, Rabbi Meir's ruling that consecrating the Motar is effective, is understood by Rav Shmuel as a case where the husband provides Mezonot but not Ma'a Kesef. As Ma'a Kesef corresponds to Motar, the Motar belongs to the wife. Therefore, the consecration can only take effect after her death, when he inherits it. This implies that Rabbi Meir, according to Rav Shmuel, holds that one can consecrate something that has not yet come into existence (Davar Shelo Ba La'olam).

Rabba bar Rav Huna interprets the Mishnah differently. The first part, where consecrating Maasei Yadayim is ineffective, is understood as a case where the husband did not give Ma'a Kesef. Since Ma'a Kesef corresponds to Maasei Yadayim, the labor remains the wife's, and his consecration is void. This also requires the wife to explicitly reject the allowance. The second part, Rabbi Meir's ruling on Motar, is understood as a case where the husband provides Mezonot. Since Mezonot corresponds to Motar, the Motar belongs to the husband, and his consecration takes effect immediately (Mechayim). Rabba bar Rav Huna also agrees that Rabbi Meir holds one can consecrate Davar Shelo Ba La'olam.

The Gemara then briefly revisits Reish Lakish's view from a previous day's lesson. Reish Lakish held that a wife cannot refuse Mezonot in exchange for keeping her Maasei Yadayim, as the Sages' decree (Takanah) mandates that Maasei Yadayim goes to the husband. Therefore, the Mishnah's ruling that consecrating Maasei Yadayim is ineffective must be understood as a case where the husband is not providing Mezonot. In such a situation, the Maasei Yadayim reverts to the wife, making his consecration void. For the Motar case, Reish Lakish rejects the idea that Rabbi Meir would consecrate Davar Shelo Ba La'olam. Instead, he interprets the husband's statement as consecrating the wife's hands themselves, which are already in existence, and the earnings are a derivative.

The discussion shifts to the halachic ruling (Halakha). Shmuel rules that the Halakha follows Buhanna Sandlar, who stated that Motar is not consecrated (Eino Kadosh). This implies that Shmuel subscribes to the principle that one cannot consecrate Davar Shelo Ba La'olam, as the Motar, in the Mishnah's case (where Ma'a Kesef is not given), belongs to the wife and only becomes the husband's upon her death.

The Gemara challenges Shmuel's consistency by citing a Mishnah about Kunam vows. If a woman vows, "What I do for my husband (my services) is forbidden to your mouth (Kunam She'ani Oseh Lefiha)," Rabbi Yohanan ben Nuri states that the husband must annul the vow (Hafarah) immediately. Why? Because if they divorce, her services would then belong to her, and the vow would take effect, preventing him from ever remarrying her due to the prohibition of benefiting from her. This implies that a vow can take effect on something that is not yet fully in the vower's possession or has not yet come into existence (Davar Shelo Ba La'olam), which contradicts Shmuel's ruling in the Motar case. If the vow is effective now, pending a future divorce, then Shmuel's principle of "one cannot consecrate Davar Shelo Ba La'olam" seems to be violated.

The Gemara attempts to reconcile Shmuel's positions. It suggests that perhaps Rabbi Yohanan ben Nuri's ruling applies only to the Motar portion of her labor, which arguably belongs to the wife even during marriage, and thus she has the right to vow concerning it. However, this still leaves the problem of Davar Shelo Ba La'olam, as the Motar has not yet been earned. The Gemara rejects this reconciliation, pointing out that Shmuel should have been more specific in his ruling if this was the case. Furthermore, it questions why Rabbi Yohanan ben Nuri's ruling on Kunam should be followed at all, given the Tanna Kamma's opinion that such a vow is meaningless.

The Gemara offers a fundamental distinction: Kunamot (vows of prohibition) operate under different rules than Hekdesh (consecration). While one cannot consecrate something that belongs to another, or Davar Shelo Ba La'olam, Kunamot are more flexible. Just as a person can forbid their friend's produce upon themselves (e.g., "my friend's apples are forbidden to me"), they can also make a Kunam on something that is not yet fully theirs or in existence. The woman's vow on her Maasei Yadayim is akin to this, as she is forbidding something that will be hers (after a divorce) upon her husband. However, Abaye refutes this analogy, arguing that one cannot forbid another person's produce upon that other person. Similarly, a wife cannot forbid her husband's property (her labor, which belongs to him during marriage) upon him.

The Gemara then suggests that the woman is not forbidding her labor, but her hands themselves, which are physically present. However, this is also rejected, as the "work from her hands" is still subject to the husband's claim (Shi'abud). The Gemara reiterates the problem: if the vow only takes effect after a divorce, it still constitutes forbidding Davar Shelo Ba La'olam, which Shmuel rejects for Hekdesh.

A new approach is proposed: perhaps there are cases where something can be consecrated later, even if not now. An example is given: if a man sells a field and says, "When I buy it back from you, it will be consecrated," it becomes consecrated upon repurchase. However, Abaye distinguishes this: in the field case, the man has the ability to buy it back. In the woman's case, divorce is not solely in her power. A better analogy would be a field sold completely, where the seller has no current connection. The Gemara refines the analogy to a mortgaged field, where the mortgagor retains some connection and can redeem it. Even in this case, the ability to redeem is still within the mortgagor's control, unlike a divorce.

The Gemara finally offers a resolution by introducing the distinction between Kiddushat HaGuf (consecration of the intrinsic essence of an item) and Kiddushat Damim (consecration of an item's monetary value). Kiddushat HaGuf is strict, like an animal consecrated for the altar; it cannot be redeemed. Kiddushat Damim is for items not fit for the altar (like a table); it can be redeemed by transferring its holiness to money. Kunamot are treated with the strictness of Kiddushat HaGuf. When a woman says "Kunam" on her hands or their produce, it is as if she is making them intrinsically forbidden (Asur) to her husband. This powerful Kiddushat HaGuf has the unique ability to nullify a prior claim or lien (Mafkiya mi'Shi'abud).

The Gemara provides three examples where Kiddushat HaGuf overrides a Shi'abud: 1. A debtor's ox pledged as collateral (Mashkon) for a loan: if the debtor consecrates the ox with Kiddushat HaGuf, the creditor loses their lien. 2. Hametz (leavened bread) pledged as collateral to a non-Jew before Passover: once Passover arrives, the Hametz becomes forbidden (like Kiddushat HaGuf), and the non-Jew's lien is broken. 3. An enslaved person (Eved) pledged as collateral: if the owner frees the enslaved person, the creditor's lien is lost.

Therefore, when the woman says "Kunam" on her hands, even though her labor is subject to her husband's Shi'abud, the Kunam, being a form of Kiddushat HaGuf, effectively breaks that Shi'abud. This means the vow should take effect immediately, making her labor forbidden to him. This brings us back to the original challenge: if the Kunam is effective now, why did Rabbi Yohanan ben Nuri say the husband must annul it only "in the event of a divorce"?

The Gemara's final answer is that the Rabbis (Hachamim) instituted a special decree (Takanah) regarding a wife's Maasei Yadayim. While a Kunam normally breaks a Shi'abud, in the case of a wife's labor, the Rabbis strengthened the husband's Shi'abud. They did this to prevent wives from constantly making such vows and disrupting the marital relationship. Thus, her Kunam on her Maasei Yadayim does not take effect immediately while they are married. It only takes effect after a divorce, when the rabbinic decree no longer applies. This means that Shmuel's consistency is preserved: he rules that Motar is not consecrated (Eino Kadosh) because it is Davar Shelo Ba La'olam (something that has not yet come into existence) and it is not her hands (which are present). In the Kunam case, the vow is on her hands, which are present, but its effect is delayed by rabbinic decree until after divorce, at which point it becomes effective.

The Gemara then discusses the wife's obligations to her husband. The Mishnah lists several tasks: grinding wheat, baking, washing clothes, cooking, nursing her child, preparing his bed, and working with wool. If the husband provides one maidservant, the wife is exempt from grinding, baking, and washing. With two maidservants, she is also exempt from cooking and nursing. With three, she is exempt from preparing the bed and wool work. With four, she can sit in a chair and do nothing, not even carrying items between floors. Rabbi Eliezer, however, maintains that even with a hundred maidservants, the husband can force her to do at least one chore, specifically wool work, because idleness can lead to immorality (Zima).

The Beit Shammai school of thought discusses a husband who vows not to benefit from his wife's work. Such a vow, if upheld, would lead to her idleness, which can cause her to "go out of her mind" (She'amum). Therefore, the husband would be forced to divorce her and pay her marriage contract (Ketubah), as the fault lies with him. The Gemara will later distinguish between idleness leading to immorality and idleness leading to mental distress.

The Gemara clarifies the nature of "grinding" (Tohenet). It's not necessarily the actual grinding, which might be done by a mill, but rather the act of pouring kernels into the grinder and collecting the flour. Alternatively, it could refer to grinding with a hand mill. Rabbi Hiyya emphasizes that the primary purpose of a wife is for beauty, child-rearing, and self-adornment, not labor. He suggests that to enhance a wife's beauty, one should provide linen garments, and to whiten a daughter's skin, one should feed her like chickens and give her milk. Rabbi Hiyya's personal example, where he bought gifts for his wife despite her difficult temperament, highlights his view that her value lies in raising children and saving him from sin, not necessarily in performing chores.

The Mishnah's statement that a wife must nurse her child is challenged by a Baraita (external Mishnah-like teaching) that states if a woman vows not to nurse her child, Beit Shammai rules that she must stop nursing, as the vow is binding. This implies that nursing is not an obligation to the husband, otherwise she could not make a vow against it. This contradicts our Mishnah, which lists nursing as an obligation. The Gemara suggests that our Mishnah does not follow Beit Shammai. The Baraita further states that after divorce, a husband cannot force his ex-wife to nurse, unless the child recognizes her and is in danger, in which case the father must pay her to nurse. This again suggests that nursing is not an absolute obligation.

The Gemara then attempts to reconcile the Mishnah with Beit Shammai by proposing that the Baraita's case of the vow assumes the husband validated it. If he validated her vow not to nurse, it's his fault, and she is released from the obligation. Beit Hillel, however, would say the vow is not binding from the start, as she is obligated to nurse. Both schools agree that nursing is generally an obligation. The question then arises: if nursing is an obligation, how can a vow against it be valid, even if the husband validates it? The Netziv interprets this as a double vow: she vows to forbid something else if she nurses. Beit Shammai would say the vow is valid because it's on something she has control over, and the husband's validation makes it effective. Beit Hillel would say it's not valid because she is obligated to nurse regardless.

The Gemara ultimately rejects this reconciliation, asking why Beit Shammai would limit this ruling to nursing. If the husband's validation makes the vow effective, this principle should apply to any of the wife's obligations under the Ketubah (marriage contract). Furthermore, the Baraita's language implies that women are generally not obligated to nurse, even without a vow. Therefore, the conclusion is that our Mishnah, which states nursing is an obligation, does not align with Beit Shammai's view, and the general understanding is that nursing is not one of the wife's marital obligations.