Kesubos - Daf 71
- יעמד מפרנס – בסתם או מפרש
The Gemara brings a machlokes Amoraim regarding the ruling that a husband can provide a shaliach to support his wife when he makes a neder not to support her for up to thirty days. Rav said: לא שנו אלא במפרש אבל בסתם יוציא לאלתר ויתן כתובה – This law was only taught where the husband specified a term of thirty days or less for the neder. The Gemara on Daf 70b explained that before thirty days, people will not hear about it, and it does not disgrace her. But where the neder was for an unspecified amount of time, then he must divorce her and give her the kesubah. The mefarshim explain that since he will have to divorce her after thirty days, since people will find out about it and she will be disgraced, she can get divorced immediately. But Shmuel said: אפילו בסתם לא יוציא שמא ימצא פתח לנדרו – Even when the neder was for an unspecified amount of time, he does not need to divorce her immediately, for perhaps in the interm he will find an opening for his neder and be released from it.
- שלא תתקשט באחד מכל המינין - בעניות שלא נתן קצבה ובעשירות שלשים יום
The Mishnah on Daf 70a stated that if one pronounced a neder on his wife, שלא תתקשט באחד מכל המינין יוציא ויתן כתובה – that she should not adorn herself with any type of perfume, he must divorce her and give her the kesubah. Rebbe Yose says: בעניות שלא נתן קצבה ובעשירות שלשים יום – With a poor woman, he must divorce her if he did not give a certain time limit for the neder, whereas with a wealthy woman, the maximum term is thirty days. The Gemara asks what Rebbe Yose’s time limit is, and Rav Yehudah said in the name of Shmuel: Twelve months. This is the maximum time that a poor woman would be willing to go without cosmetics. Rabbah bar bar Chanah said in the name of Rebbe Yochanan: Ten years. Rav Chisda said in the name of Avimi: On the regel, for Bnos Yisroel adorn themselves on the regel. When the Gemara asked why the maximum term for a wealthy woman is thirty days, Abaye answered: שכן אשה חשובה נהנית מריח קשוטיה שלשים יום – For a chashuvah woman benefits from the fragrance of her adornments for thirty days. A term of thirty days or less is not considered sufficient hardship to demand a divorce, since the fragrance from the last time she perfumed herself can last that long.
- המדיר את אשתו שלא תלך לבית אביה
The next Mishnah states: המדיר את אשתו שלא תלך לבית אביה – If one made a neder that his wife may not go to her father’s house…בזמן שהוא בעיר אחרת רגל אחד יקיים שלשה יוציא ויתן כתובה - if the father lives in a different city, then if the term of the neder included one regel, he could keep her as his wife, but if the term included three regalim, then he must divorce her and give her the kesubah. The Gemara notes an inherent contradiction, where the reisha implies that he must divorce her if the term includes two regalim, and the seifa implies that he must only divorce her if it includes three regalim? Abaye said: The seifa is dealing with a wife of a Kohen and the Tanna is Rebbe Yehudah, who gives extra time for a Kohen, because once he divorces his wife, he cannot take her back. Rabbah bar Ulla said it is not a kasheh, כאן ברדופה כאן בשאינה רדופה – The reisha was dealing with a woman who is eager to go back to her father’s home, whereas in the seifa we are dealing with a woman who is not eager to go back to her father’s home.
