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

Daf Yomi

Ketuvot 71A - 71B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
April 26, 2006
Duration
66:05

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In our study of the Talmud Bavli, we embark on a journey through Masechet Ketubot, dedicated by our dear friend Mr. Elliot Shasoh, may Hashem protect and sustain him. May the merit of our learning serve as a blessing for him, granting him a good and blessed year, wealth, honor, peace in his home, and success in all his endeavors. Today's daf is being studied for the elevation of the soul of Avraham ben Esther, and may Hashem grant him rest in the Garden of Eden. Additionally, we pray for a complete recovery for Yosef ben Sarah and Sarah bat Rachel, asking that they be healed among the other sick of Israel.

We begin today’s daf on Ayin Aleph, with the text three, six, eight lines from the bottom, starting with the word Gufa. Previously, we learned about a person who makes a neder against his friend, prohibiting any benefit from him. Yet, if he realizes that his friend has nothing to eat, he might go to a shopkeeper he knows and say, "This person is prohibited from benefiting from me, and I do not know what to do for him." The shopkeeper can then provide food to the friend, returning later to collect payment. This method allows the shopkeeper to assist without directly violating the terms of the neder.

Further, we explore scenarios where a person needs construction on his home or fencing for his field. He may approach workers he knows and explain his situation, stating that his friend is prohibited from benefiting from him, and he does not know how to help. The workers can then complete the job and return for their payment. This illustrates how one can navigate the restrictions of a neder while still ensuring the needs of others are met.

In another case, if two individuals are walking down the street and one has made a neder prohibiting the other from benefiting from him, the one in need of food can give it to a third party as a gift, allowing the other to take it from that individual. This is permissible as the food is not given directly. However, if they are the only two present, the one who made the neder might place the food on a rock or fence, declaring it ownerless. The other may then take it, as it is considered hefker. Rabbi Yosei prohibits this, arguing that it appears as a ruse to circumvent the restrictions of the neder.

Rabbi Yosei’s reasoning stems from a concern regarding a similar incident in Beit Choron, where a father and son had a relationship of mutual prohibition due to a neder. When the son wanted to invite his father to a wedding, he arranged for a third party to provide food, but this was deemed insufficient as it was clear the intent was for the father to benefit. Thus, Rabbi Yosei maintains that making something hefker in this context is not allowed, as it appears to be a trick.

The Gemara then discusses a distinction made by the Mishna between a husband who forbids his wife from receiving sustenance for a certain time. The Tanna Kamma states this period is thirty days, while Rabbi Yehuda claims it is a month. The Gemara questions whether these two opinions are truly different. Abaye explains that the distinction arises specifically regarding a kohenes, where Rabbi Yehuda allows for a longer period due to the implications of divorce for a priest, as he cannot remarry her once divorced.

Rava adds another layer, suggesting that the difference lies between a full month and a partial month. The Tanna Kamma refers to thirty days, while Rabbi Yehuda refers to a lunar month of twenty-nine days. Thus, the Gemara clarifies that they are not saying the same thing.

Rabbi also introduces an important condition regarding the Mishna's rulings: they only apply when the husband explicitly states a time frame. If he leaves it open-ended, the wife is to be divorced immediately and receive her ketubah. Shmuel, however, argues that even in an open-ended case, one should not divorce until after thirty days, allowing time for the husband to find a way out of the neder.

The Gemara notes a previous discussion regarding a husband who forbids his wife from relations. The Mishna indicates that the maximum duration of such a neder is two weeks according to Beit Shammai and one week according to Beit Hillel. The discussion here follows similar lines, emphasizing the need for clarity regarding the terms of a neder and its implications for relationships.

In the realm of prohibitions, the Gemara examines the case of a husband who forbids his wife from certain fruits. The Mishna states that if the husband makes a neder prohibiting his wife from eating a specific fruit, he must grant her a divorce immediately. The rationale is that the prohibition causes her emotional distress, which is a form of suffering.

Rabbi Yochanan explains that this is akin to a bride who feels complete in her in-laws' home, eager to share her happiness with her parents, contrasting with a bride who remains tethered to her father's house. This distinction illustrates the emotional dynamics at play in marital relationships, emphasizing the importance of mutual respect and understanding.

As we continue our exploration of these intricate halachic discussions, we witness how the Talmud intricately weaves together legal principles with the human experience, providing guidance for navigating the complexities of relationships and obligations. The rulings serve not only to clarify legal boundaries but also to foster compassion and understanding within the framework of Jewish law.