This week’s learning is sponsored by Helen Danczak. “My dear uncle Phil passed on August 27 with family at hand. He was the kind of uncle that the kids (of all ages) gravitated to. I am not alone in saying he was my favorite uncle. He is missed. May his neshama have an aliyah.”
This week’s learning is dedicated by Medinah Korn in loving memory of her mother, Rosalie Katchen, Shoshana Raizl bat Avraham Yehoshua ve-Baila Toibe, z”l, on her 25th yahrzeit. She left a profound legacy for her family and many devoted friends who continue to learn from her to this day. Yehi zichra baruch.
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Summary
This week’s learning is sponsored by Helen Danczak. “My dear uncle Phil passed on August 27 with family at hand. He was the kind of uncle that the kids (of all ages) gravitated to. I am not alone in saying he was my favorite uncle. He is missed. May his neshama have an aliyah.”
This week’s learning is dedicated by Medinah Korn in loving memory of her mother, Rosalie Katchen, Shoshana Raizl bat Avraham Yehoshua ve-Baila Toibe, z”l, on her 25th yahrzeit. She left a profound legacy for her family and many devoted friends who continue to learn from her to this day. Yehi zichra baruch.
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Ketubot 59
ΧΦ°ΧΧΦΉΧ ΧΦΉΧͺ ΧͺΦΌΦ·ΧΦ·Χͺ ΧΦ·Χ’Φ²Χ©ΧΦ΅Χ ΧΦΈΧΦΆΧΧΦΈ, ΧΦΌΧΦΈΧ’ΦΈΧ ΧΦΌΦΆΧ‘ΦΆΧ£ ΧͺΦΌΦ·ΧΦ·Χͺ ΧΧΦΉΧͺΦΈΧ¨, ΧΦ°ΧΦ΅ΧΧΦΈΧ ΧΦΌΦ°ΧΦΈΧ Χ§ΦΈΧ ΧΦΈΧΦ΅ΧΧ ΧΦ·ΧΦΌ ΧΦΈΧ’ΦΈΧ ΧΦΌΦΆΧ‘ΦΆΧ£ β ΧΧΦΉΧͺΦΈΧ¨ ΧΦΌΦ΄ΧΧΦ·ΧΦΌ ΧΦΈΧΦ΅Χ. Χ¨Φ·Χ ΧΦ·ΧΦΌΦΈΧ ΧΦΌΦ·Χ¨ ΧΦ·ΧΦ²ΧΦΈΧ Χ‘ΦΈΧΦ·Χ¨: ΧͺΦΌΦ΄Χ§ΦΌΦ°Χ ΧΦΌ ΧΦ°ΧΧΦΉΧ ΧΦΉΧͺ ΧͺΦΌΦ·ΧΦ·Χͺ ΧΧΦΉΧͺΦΈΧ¨, ΧΦΌΧΦΈΧ’ΦΈΧ ΧΦΌΦΆΧ‘ΦΆΧ£ ΧͺΦΌΦ·ΧΦ·Χͺ ΧΦ·Χ’Φ²Χ©ΧΦ΅Χ ΧΦΈΧΦΆΧΧΦΈ, ΧΦ°ΧΦ΅ΧΧΦΈΧ ΧΦΌΦ°Χ§ΦΈΧ ΧΦΈΧΦ΅ΧΧ ΧΦ·ΧΦΌ ΧΦ°ΧΧΦΉΧ Φ΅Χ, ΧΧΦΉΧͺΦΈΧ¨ ΧΦΌΦ΄ΧΧΦ΅ΧΧΦΌ ΧΦΈΧΦ΅Χ.
sustenance in exchange for her earnings, and the silver maβa coin that he must give her in exchange for the surplus that she continues to make beyond her quota. And since he does not give her a silver maβa the surplus is hers, unless some of it is left after her death, in which case the husband inherits it. Rav Adda bar Ahava maintains that they established sustenance in exchange for the surplus, and a silver maβa in exchange for her earnings. And since he provides her with sustenance, the surplus is his, and therefore the sanctity takes effect on it immediately when she produces the surplus.
ΧΦΌΦ°ΧΦ·ΧΧ Χ§ΦΈΧΦ΄ΧΧ€ΦΌΦ·ΧΦ°ΧΦ΄Χ? ΧΦΈΧ¨ Χ‘ΦΈΧΦ·Χ¨: ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ΄Χ©ΧΦ°ΧΦ΄ΧΧΦ· ΧΦ΄ΧΦΌΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ΄Χ©ΧΦ°ΧΦ΄ΧΧΦ·. ΧΦΌΧΦΈΧ¨ Χ‘ΦΈΧΦ·Χ¨: ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ°Χ§Φ΄ΧΧΧ₯ ΧΦ΄ΧΦΌΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ°Χ§Φ΄ΧΧΧ₯.
The Gemara asks: With regard to what do they disagree? The Gemara explains: One Sage, i.e., Rav and Shmuel, holds that they established something common in exchange for something common. Consequently, they established sustenance, which is common, in exchange for earnings, which are also common. And one Sage, Rav Adda bar Ahava, holds that they established something with a fixed amount in exchange for something with a fixed amount. Consequently, since a silver maβa is a fixed amount and the quota of a womanβs earnings is also fixed, they established one in exchange for the other.
ΧΦ΅ΧΧͺΦ΄ΧΧΦ΄Χ: ΧͺΦΌΦ΄Χ§ΦΌΦ°Χ ΧΦΌ ΧΦ°ΧΧΦΉΧ ΧΦΉΧͺ ΧͺΦΌΦ·ΧΦ·Χͺ ΧΦ·Χ’Φ²Χ©ΧΦ΅Χ ΧΦΈΧΦΆΧΧΦΈ! ΧΦ΅ΧΧΦΈΧ: ΧͺΦΌΦ·ΧΦ·Χͺ ΧΧΦΉΧͺΦ·Χ¨ ΧΦ·Χ’Φ²Χ©ΧΦ΅Χ ΧΦΈΧΦΆΧΧΦΈ.
The Gemara raises an objection to Rav Adda bar Ahavaβs opinion from a baraita: They established sustenance in exchange for her earnings. Apparently, sustenance is not in exchange for the surplus. The Gemara answers by emending the text of the baraita: Say: They established sustenance in exchange for the surplus of her earnings.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦ΄Χ ΧΦ΅ΧΧ ΧΦΉ Χ ΧΦΉΧͺΦ΅Χ ΧΦΈΧΦΌ ΧΦΈΧ’ΦΈΧ ΧΦΌΦΆΧ‘ΦΆΧ£ ΧΦ΄Χ¦Φ°Χ¨ΦΈΧΦΆΧΧΦΈ β ΧΦ·Χ’Φ²Χ©ΧΦ΅Χ ΧΦΈΧΦΆΧΧΦΈ Χ©ΧΦΆΧΦΌΦΈΧΦΌ. ΧΦ΅ΧΧΦΈΧ: ΧΧΦΉΧͺΦ·Χ¨ ΧΦ·Χ’Φ²Χ©ΧΦ΅Χ ΧΦΈΧΦΆΧΧΦΈ Χ©ΧΦΆΧΦΌΦΈΧΦΌ. ΧΦ°ΧΦΈΧ Χ’Φ²ΧΦ·ΧΦΌ Χ§ΦΈΧͺΦΈΧ Φ΅Χ: ΧΦΈΧ ΧΦ΄ΧΧ Χ’ΧΦΉΧ©ΧΦΈΧ ΧΧΦΉ β ΧΦ΄Χ©ΧΦ°Χ§Φ·Χ ΧΦΈΧΦ΅Χ©Χ Χ‘Φ°ΧΦΈΧ’Φ΄ΧΧ Χ©ΧΦ°ΧͺΦ΄Χ ΧΦΌΦ΄ΧΧΧΦΌΧΦΈΧ!
The Gemara attempts another proof from a mishna (64b): Come and hear: If he does not give her a silver maβa for her needs, her earnings belong to her. This indicates that the earnings were established in exchange for the silver maβa, as Rav Adda bar Ahava contended. The Gemara rejects this by emending the text of the mishna: Say: The surplus of her earnings belongs to her. The Gemara challenges the emendation: But it is taught in the continuation of this mishna: What is the fixed amount that she must earn for him? She must spin the weight of five sela of threads of the warp in Judea, which is the equivalent of ten sela according to the measurements of the Galilee. This clause implies that the mishna is not discussing the surplus but rather the quota of her required earnings.
ΧΦΈΧΦ΄Χ Χ§ΦΈΧΦΈΧΦ·Χ¨: ΧΦ·Χ’Φ²Χ©ΧΦ΅Χ ΧΦΈΧΦΆΧΧΦΈ ΧΦΌΦ·ΧΦΌΦΈΧ ΧΦΈΧΦ΅Χ, ΧΦΌΦ°ΧΦ΄ΧΧΦΌΦ·Χ’ ΧΧΦΉΧͺΦΈΧ¨ ΧΦΌΦ΄ΧΧΦ·ΧΦΌ ΧΦΌΦ·ΧΦΌΦΈΧ β ΧΦ΄Χ©ΧΦ°Χ§Φ·Χ ΧΦΈΧΦ΅Χ©Χ Χ‘Φ°ΧΦΈΧ’Φ΄ΧΧ Χ©ΧΦ°ΧͺΦ΄Χ ΧΦΌΦ΄ΧΧΧΦΌΧΦΈΧ, Χ©ΧΦΆΧΦ΅Χ Χ’ΦΆΧ©ΧΦΆΧ¨ Χ‘Φ°ΧΦΈΧ’Φ΄ΧΧ ΧΦΌΦ·ΧΦΌΦΈΧΦ΄ΧΧ.
The Gemara answers: This is what it is saying: How much is the required amount of her earnings, so that one can know how much of what she produces constitutes the surplus, and to this the mishna replied: The weight of five sela of threads of the warp in Judea, which is the equivalent of ten sela according to the measurements of the Galilee.
ΧΦΈΧΦ·Χ¨ Χ©ΧΦ°ΧΧΦΌΧΦ΅Χ: ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧΦΈΧ ΦΈΧ ΧΦ·Χ‘ΦΌΦ·Χ Φ°ΧΦΌΦ°ΧΦΈΧ¨.
Β§ Shmuel said: The halakha is in accordance with the opinion of Rabbi YoαΈ₯anan the Cobbler. A husband may not consecrate his wifeβs earnings at all, as they have not yet come into being.
ΧΦΌΧΦ΄Χ ΧΦΈΧΦ·Χ¨ Χ©ΧΦ°ΧΧΦΌΧΦ΅Χ ΧΦΈΧΦ΄Χ? ΧΦ°ΧΦΈΧͺΦ°Χ Φ·Χ: Χ΄Χ§Φ»ΧΦ½Χ ΦΌΦΈΧ Χ©ΧΦΆΧΦ²Χ Φ΄Χ Χ’ΧΦΉΧ©ΧΦΈΧ ΧΦ°Χ€Φ΄ΧΧΦΈΧ΄ β ΧΦ΅ΧΧ ΧΦΉ Χ¦ΦΈΧ¨Φ΄ΧΧΦ° ΧΦ°ΧΦΈΧ€Φ΅Χ¨. Χ¨Φ·ΧΦΌΦ΄Χ Χ’Φ²Χ§Φ΄ΧΧΦΈΧ ΧΧΦΉΧΦ΅Χ¨: ΧΦΈΧ€Φ΅Χ¨, Χ©ΧΦΆΧΦΌΦΈΧ ΧͺΦΌΦ·Χ’Φ²ΧΦ΄ΧΧ£ Χ’ΦΈΧΦΈΧΧ ΧΦΈΧͺΦ΅Χ¨ ΧΦ΄Χ ΧΦΈΧ¨ΦΈΧΧΦΌΧ ΧΧΦΉ. Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧΦΈΧ ΦΈΧ ΧΦΌΦΆΧ Χ ΧΦΌΧ¨Φ΄Χ ΧΦΈΧΦ·Χ¨: ΧΦΈΧ€Φ΅Χ¨, Χ©ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧΦΈΧ¨Φ°Χ©ΧΦΆΧ ΦΌΦΈΧ ΧΦΌΧͺΦ°ΧΦ΅Χ ΧΦ²Χ‘ΧΦΌΧ¨ΦΈΧ ΧΦ·ΧΦ²ΧΧΦΉΧ¨.
The Gemara asks: And did Shmuel actually say this? But didnβt we learn in a mishna (Nedarim 85a): If a woman said: What I make to feed you, i.e., what I earn for you, is forbidden like an offering [konam], the husband does not need to nullify this vow. She has a prior obligation to work for him, and therefore the konam cannot take effect on something that does not belong to her. Rabbi Akiva says: Even so, the husband should nullify the vow, lest she produce more earnings than is appropriate for him, and the konam will then take effect on the surplus amount. Rabbi YoαΈ₯anan ben Nuri said: He should nullify the vow for a different reason, lest he divorce her. Since she rendered her earnings forbidden to him, she will be prohibited from remarrying him after her divorce, as it would then be impossible for him to avoid benefiting from his wifeβs earnings.
ΧΦ°ΧΦΈΧΦ·Χ¨ Χ©ΧΦ°ΧΧΦΌΧΦ΅Χ: ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧΦΈΧ ΦΈΧ ΧΦΌΦΆΧ Χ ΧΦΌΧ¨Φ΄Χ. ΧΦΌΦ΄Χ ΧΦΈΧΦ·Χ¨ Χ©ΧΦ°ΧΧΦΌΧΦ΅Χ ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧΦΈΧ ΦΈΧ ΧΦΌΦΆΧ Χ ΧΦΌΧ¨Φ΄Χ, ΧΦ°ΧΦ·Χ’Φ°ΧΦΌΦΈΧ€ΦΈΧ.
And Shmuel said: The halakha is in accordance with the opinion of Rabbi YoαΈ₯anan ben Nuri, who maintains that the wife can render her future earnings prohibited to her husband before these earnings have come into being, with the prohibition to go into effect after she divorces. This would imply that Shmuel holds that it is possible to consecrate an object that has not yet come into the world, contrary to what Rabbi YoαΈ₯anan the Cobbler said. The Gemara answers: When Shmuel said that the halakha is in accordance with the opinion of Rabbi YoαΈ₯anan ben Nuri, he was referring only to the surplus.
ΧΦ°ΧΦ΅ΧΧΦΈΧ: ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧΦΈΧ ΦΈΧ ΧΦΌΦΆΧ Χ ΧΦΌΧ¨Φ΄Χ ΧΦ°ΧΦ·Χ’Φ°ΧΦΌΦΈΧ€ΦΈΧ! ΧΦ΄Χ Χ ΦΈΧΦ΅Χ: ΧΦ΅ΧΧ ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧͺΦ·Χ ΦΌΦΈΧ Χ§Φ·ΧΦΌΦΈΧ! ΧΦ΄Χ Χ ΦΈΧΦ΅Χ: ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ Χ’Φ²Χ§Φ΄ΧΧΦΈΧ!
The Gemara asks: If so, let him say explicitly that the halakha is in accordance with the opinion of Rabbi YoαΈ₯anan ben Nuri with regard to the surplus, or alternatively, he should say that the halakha is not in accordance with the first tanna, or alternatively, he should simply say: The halakha is in accordance with Rabbi Akiva, who is concerned about the surplus amount.
ΧΦΆΧΦΌΦΈΧ, ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΧΦΉΧ‘Φ΅Χ£: Χ§Φ»ΧΦ½Χ ΦΌΦΈΧΧΦΉΧͺ Χ§ΦΈΧΦΈΧΦ°Χ¨Φ·ΧͺΦΌΦ°? Χ©ΧΦΈΧΧ Φ΅Χ Χ§Φ»ΧΦ½Χ ΦΌΦΈΧΧΦΉΧͺ, ΧΦ΄ΧͺΦΌΧΦΉΧΦ° Χ©ΧΦΆΧΦΈΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨ Χ€ΦΌΦ΅ΧΧ¨ΧΦΉΧͺ ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ Χ’ΦΈΧΦΈΧΧ, ΧΦΈΧΦΈΧ ΧΦ·Χ§Φ°ΧΦΌΦ΄ΧΧ©Χ ΧΦΌΦΈΧΦΈΧ¨ Χ©ΧΦΆΧΦΌΦΉΧ ΧΦΌΦΈΧ ΧΦΈΧ’ΧΦΉΧΦΈΧ.
Rather, explain it differently, as Rav Yosef said: Did you speak about konamot to prove your contention that one can consecrate objects that have not yet come into the world? Konamot are different, as they have a special status, since a person can prohibit anotherβs produce to himself. If one says to another: Your produce is konam to me, it is prohibited for him to eat that produce, although it does not belong to him and the prohibition will apply to it only when it reaches his domain. This indicates that a konam has unique power that enables a person to consecrate an object that has not yet come into the world, which according to Rabbi YoαΈ₯anan the Cobbler is an exception to the principle. Consequently, Shmuelβs ruling in accordance with Rabbi YoαΈ₯anan ben Nuri with regard to konamot is not relevant to his opinion on the issue of a wifeβs earnings.
ΧΦ²ΧΦ·Χ¨ ΧΦ΅ΧΧΦΌ ΧΦ·ΧΦΌΦΈΧΦ΅Χ: ΧΦΌΦ΄Χ©ΧΦ°ΧΦΈΧΦΈΧ ΧΦΈΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨ Χ€ΦΌΦ΅ΧΧ¨ΧΦΉΧͺ ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ Χ’ΦΈΧΦΈΧΧ β Χ©ΧΦΆΧΦΌΦ΅Χ ΧΦΈΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨ Χ€ΦΌΦ΅ΧΧ¨ΧΦΉΧͺΦΈΧΧ Χ’Φ·Χ ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ. ΧΦΆΧΦ±Χ‘ΦΉΧ¨ ΧΦΌΦΈΧΦΈΧ¨ Χ©ΧΦΆΧΦΌΦΉΧ ΧΦΌΦΈΧ ΧΦ°Χ’ΧΦΉΧΦΈΧ Χ’Φ·Χ ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ, Χ©ΧΦΆΧΦΌΦ΅Χ ΧΦ΅ΧΧ ΧΦΈΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨ Χ€ΦΌΦ΅ΧΧ¨ΧΦΉΧͺ ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ Χ’Φ·Χ ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ?
Abaye said to him: This analogy cannot serve as a proof. Granted, a person can prohibit anotherβs produce to himself, but this is possible because a person can prohibit his own produce to another. In both cases there is at least one aspect of the prohibition that is in his domain, either when he forbids anotherβs produce to himself, or when he forbids produce in his own possession to others. However, one cannot prohibit an object that has not yet come into the world to another, since a person cannot prohibit anotherβs produce to another. Just as he cannot make a konam and render prohibited to another person produce that is not in his possession, he also cannot render prohibited to another person produce that has not yet come into the world. If so, how can a woman render her earnings prohibited to her husband by a konam if those earnings have not yet come into the world?
ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΧΦΌΧ ΦΈΧ ΧΦΌΦ°Χ¨Φ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·Χ ΧΦ°ΧΧΦΉΧ©ΧΦ»Χ’Φ·: ΧΦΌΦ°ΧΧΦΉΧΦΆΧ¨ΦΆΧͺ Χ΄ΧΦ΄Χ§Φ°ΧΦΌΦ°Χ©ΧΧΦΌ ΧΦΈΧΦ·Χ ΧΦ°Χ’ΧΦΉΧ©ΧΦ΅ΧΧΦΆΧΧ΄, ΧΦΌΦ°ΧΦΈΧΦ·ΧΦ΄Χ ΧΦ΄ΧΧͺΦ·Χ Φ°ΧΧΦΌ ΧΦΌΦΈΧ’ΧΦΉΧΦΈΧ.
Rather, the Gemara rejects that explanation and instead explains as Rav Huna, son of Rav Yehoshua, said: The mishna does not refer to a case where she said: My earnings are konam to you, but rather to one when she says: My hands are consecrated to the One Who made them, and this konam can take effect because the hands do exist in the world.
ΧΦ°ΧΦ΄Χ Χ§ΦΈΧΦΈΧΦ°Χ¨ΦΈΧ ΧΦΈΧΦ΄Χ ΧΦ΄Χ ΧΦ·Χ§Φ°ΧΦΌΦ°Χ©ΧΦΈΧ? ΧΦΈΧ ΧΦ°Χ©ΧΦ·Χ’Φ°ΧΦΌΦ°ΧΦΈΧ ΧΦ΅ΧΧΦΌ! ΧΦΌΦ°ΧΦΈΧΦ°Χ¨ΦΈΧ ΧΦ°ΧΦ΄Χ ΧΦ΄ΧΧΦΌΦΈΧ¨Φ°Χ©ΧΦΈΧ.
The Gemara asks: When she says this in such terms does it become consecrated? She is subjugated to her husband with regard to her earnings, so how can she consecrate that which is not hers? The Gemara answers: She says that the consecration will take effect when she will get divorced from her husband.
ΧΦΌΧΦ΄Χ ΧΦ΄ΧΧΦΌΦΈΧ ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ°ΧΦ΄ΧΧΦΌΧΦΌ ΧΦ·Χ©ΧΦ°ΧͺΦΌΦΈΧ ΧΦΈΧ Χ§Φ·ΧΦΌΦ΄ΧΧ©Χ ΧΦΌΧΦ°Χ§Φ·ΧΦΌΦ΅ΧΧΦΌ Χ§Φ·ΧΦΌΦ΄ΧΧ©Χ? ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΄ΧΦ°Χ’Φ·ΧΧ: ΧΦ·ΧΦΌΦ°ΧΦΈΧ ΧΦΈΧ? ΧΦ΄ΧΧΦΌΧΦΌ ΧΦΈΧΧΦΉΧΦ΅Χ¨ ΧΦ·ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ Χ΄Χ©ΧΦΈΧΦΆΧ ΧΧΦΉ Χ©ΧΦΆΧΦ²Χ Φ΄Χ ΧΧΦΉΧΦ΅Χ¨ ΧΦ°ΧΦΈ ΧΦ΄ΧΦ°Χ©ΧΦΆΧΦΆΧ§ΦΌΦΈΧΦΆΧ ΦΌΦΈΧ ΧΦ΄ΧΦΌΦ°ΧΦΈ ΧͺΦΌΦ΄ΧΧ§Φ°ΧΦΌΦ·Χ©ΧΧ΄, ΧΦ΄Χ ΧΦΈΧ Χ§ΦΈΧΦ°Χ©ΧΦΈΧ?
The Gemara asks: Is there anything one would do that if done at present, the consecration could not take effect and in the future the consecration could take effect? Rabbi Elai said: Why not? If one told another: This field that I am selling to you will be consecrated when I buy it back from you, doesnβt that field become consecrated when he buys it back? It appears that one can cause an item to become consecrated in the future although at present he cannot consecrate it.
ΧΦ·ΧͺΦ°Χ§Φ΅ΧΧ£ ΧΦ·ΧΦΌ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΄Χ¨Φ°ΧΦ°ΧΦΈΧ: ΧΦ΄Χ ΧΦΌΦΈΧΦ΅Χ? ΧΦΈΧͺΦΈΧ, ΧΦΌΦ°ΧΦΈΧΧΦΉ ΧΦ°ΧΦ·Χ§Φ°ΧΦΌΦ΄ΧΧ©ΧΦΈΧΦΌ. ΧΦΈΧΦΈΧ, ΧΦ΅ΧΧ ΧΦΌΦ°ΧΦΈΧΦΈΧΦΌ ΧΦ°ΧΦΈΧ¨Φ΅Χ©Χ ΧΦΆΧͺ Χ’Φ·Χ¦Φ°ΧΦΈΧΦΌ. ΧΦΈΧ ΧΦΈΧ ΧΦΌΦΈΧΦ°ΧΦΈΧ ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΧΦΉΧΦ΅Χ¨ ΧΦ·ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ Χ΄Χ©ΧΦΈΧΦΆΧ ΧΧΦΉ Χ©ΧΦΆΧΦΌΦΈΧΦ·Χ¨Φ°ΧͺΦΌΦ΄Χ ΧΦ°ΧΦΈ, ΧΦ΄ΧΦ°Χ©ΧΦΆΧΦΆΧ§ΦΌΦΈΧΦΆΧ ΦΌΦΈΧ ΧΦ΄ΧΦΌΦ°ΧΦΈ β ΧͺΦΌΦ΄ΧΧ§Φ°ΧΦΌΦ·Χ©ΧΧ΄, ΧΦΌΦ°ΧΦΈΧ Χ§ΦΈΧΦ°Χ©ΧΦΈΧ.
Rabbi Yirmeya objects to this: Are these cases comparable? There, with regard to a field, since the field that he is selling belongs to him at the time of the sale, it is in his power to consecrate it now. Therefore, he can effect sanctity on it at a later point as well. But here, it is not in her power to divorce herself. Consequently, the analogy is invalid. Rather, this is comparable only to a different case, when one says to another: This field that I already sold to you will be consecrated when I buy it back from you. In that case the field is not consecrated, as, when he said this the field was not in his possession, and one cannot consecrate an object that has not yet come into the world.
ΧΦ·ΧͺΦ°Χ§Φ΅ΧΧ£ ΧΦ·ΧΦΌ Χ¨Φ·Χ Χ€ΦΌΦΈΧ€ΦΌΦΈΧ: ΧΦ΄Χ ΧΦΌΦΈΧΦ΅Χ? ΧΦΈΧͺΦΈΧ, ΧΦΌΧΦΌΧ€ΦΈΧ ΧΦΌΧ€Φ΅ΧΧ¨ΧΦΉΧͺ ΧΦΌΦ΄ΧΧΦΈΧ ΧΦ°ΧΧΦΉΧ§Φ΅ΧΦ·. ΧΦΈΧΦΈΧ, ΧΦΌΧΦΌΧ€Φ·ΧΦΌ ΧΦΌΦ΄ΧΧΦ·ΧΦΌ ΧΧΦΌΧ. ΧΦΈΧ ΧΦΈΧ ΧΦΌΦΈΧΦ°ΧΦΈΧ ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΧΦΉΧΦ΅Χ¨ ΧΦ·ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ
Rav Pappa objects to this: Is Rav Yirmeyaβs analogy comparable? There, the field itself and its produce are in the possession of the buyer, and therefore the seller cannot consecrate them. Here, her body is in her possession, as she owns her hands. Rather, this is comparable only to a case where one says to another:
Χ΄Χ©ΧΦΈΧΦΆΧ ΧΧΦΉ Χ©ΧΦΆΧΦΌΦ΄Χ©ΧΦ°ΧΦΌΦ·Χ Φ°ΧͺΦΌΦ΄Χ ΧΦ°ΧΦΈ, ΧΦ΄ΧΦ°Χ©ΧΦΆΧΦΆΧ€Φ°ΧΦΌΦΆΧ ΦΌΦΈΧ ΧΦ΄ΧΦΌΦ°ΧΦΈ β ΧͺΦΌΦ΄ΧΧ§Φ°ΧΦΌΦ·Χ©ΧΧ΄, ΧΦΌΦ°Χ§ΦΈΧΦ°Χ©ΧΦΈΧ.
This field that I mortgaged to you and from whose produce you are benefiting will be consecrated when I redeem it from you. The halakha is that it is consecrated, since the field itself was not transferred to anotherβs ownership.
ΧΦ·ΧͺΦ°Χ§Φ΅ΧΧ£ ΧΦ·ΧΦΌ Χ¨Φ·Χ Χ©ΧΦ΄ΧΧ©ΧΦΈΧ ΧΦΌΦ°Χ¨Φ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·Χ ΧΦ΄ΧΧΦ΄Χ: ΧΦ΄Χ ΧΦΌΦΈΧΦ΅Χ? ΧΦΈΧͺΦΈΧ, ΧΦΌΦ°ΧΦΈΧΧΦΉ ΧΦ΄Χ€Φ°ΧΦΌΧΦΉΧͺΦΈΧΦΌ. ΧΦΈΧΦΈΧ, ΧΦ΅ΧΧ ΧΦΌΦ°ΧΦΈΧΦΈΧΦΌ ΧΦ°ΧΦΈΧ¨Φ΅Χ©Χ Χ’Φ·Χ¦Φ°ΧΦΈΧΦΌ! ΧΦΈΧ ΧΦΈΧ ΧΦΌΦΈΧΦ°ΧΦΈΧ ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΧΦΉΧΦ΅Χ¨ ΧΦ·ΧΦ²ΧΦ΅ΧΧ¨ΧΦΉ Χ΄Χ©ΧΦΈΧΦΆΧ ΧΧΦΉ Χ©ΧΦΆΧΦΌΦ΄Χ©ΧΦ°ΧΦΌΦ·Χ Φ°ΧͺΦΌΦ΄Χ ΧΦ°ΧΦΈ ΧΦ°Χ’ΦΆΧ©ΧΦΆΧ¨ Χ©ΧΦΈΧ Φ΄ΧΧ, ΧΦ΄ΧΦ°Χ©ΧΦΆΧΦΆΧ€Φ°ΧΦΌΦΆΧ ΦΌΦΈΧ ΧΦ΄ΧΦΌΦ°ΧΦΈ β ΧͺΦΌΦ΄ΧΧ§Φ°ΧΦΌΦ·Χ©ΧΧ΄, ΧΦΌΦ°Χ§ΦΈΧΦ°Χ©ΧΦΈΧ.
Rav Sheisha, son of Rav Idi, objects to this: Is it comparable? There, in the case where he mortgaged the field, it is in his power to redeem it, whereas here, with regard to a woman who renders her earnings prohibited to her husband, it is not in her power to divorce herself from her husband. This is only comparable to one who says to another: This field that I have mortgaged to you for ten years will be consecrated when I redeem it from you. The halakha is that it is consecrated. Similarly, in this case, despite the fact that her earnings belong to her husband, when she will be divorced they will revert to her, and since her hands have always belonged to her, she can consecrate her earnings.
ΧΦ·ΧͺΦ°Χ§Φ΅ΧΧ£ ΧΦ·ΧΦΌ Χ¨Φ·Χ ΧΦΈΧ©ΧΦ΅Χ: ΧΦ΄Χ ΧΦΌΦΈΧΦ΅Χ? ΧΦΈΧͺΦΈΧ, ΧΦ°Χ’ΦΆΧ©ΧΦΆΧ¨ Χ©ΧΦΈΧ Φ΄ΧΧ ΧΦ΄ΧΧΦΈΧ ΧΦΌΦ°ΧΦΈΧΧΦΉ ΧΦ΄Χ€Φ°ΧΦΌΧΦΉΧͺΦΈΧΦΌ. ΧΦΈΧΦΈΧ, ΧΦ΅ΧΧ ΧΦΌΦ°ΧΦΈΧΦΈΧΦΌ ΧΦ°ΧΦΈΧ¨Φ΅Χ©Χ Χ’Φ·Χ¦Φ°ΧΦΈΧΦΌ ΧΦ°Χ’ΧΦΉΧΦΈΧ.
Rav Ashi objects to this: Is it comparable? There, after ten years in any case it will be in his power to redeem it, whereas here, with regard to a woman, it is never in her power to divorce herself from her husband. Consequently, there is no way for her to consecrate her future earnings.
ΧΦΆΧΦΌΦΈΧ, ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΦΈΧ©ΧΦ΅Χ: Χ§ΧΦΌΧ ΦΌΦΈΧΧΦΉΧͺ Χ§ΦΈΧ ΧΦΈΧΦ°Χ¨Φ·ΧͺΦΌΦ°? Χ©ΧΦΈΧΧ Φ΅Χ Χ§ΧΦΌΧ ΦΌΦΈΧΧΦΉΧͺ, ΧΦΌΦ΄Χ§Φ°ΧΧΦΌΧ©ΦΌΧΦ·Χͺ ΧΦ·ΧΦΌΧΦΌΧ£ Χ Φ΄ΧΧ Φ°ΧΧΦΌ, ΧΦ°ΧΦ΄ΧΦ°Χ¨ΦΈΧΦΈΧ. ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ: ΧΦΆΧ§Φ°ΧΦΌΦ΅Χ©Χ, ΧΦΈΧΦ΅Χ₯ ΧΦ°Χ©ΧΦ΄ΧΦ°Χ¨ΧΦΌΧ¨ β ΧΦ·Χ€Φ°Χ§Φ΄ΧΧ’Φ΄ΧΧ ΧΦ΄ΧΧΦ΅Χ Χ©ΧΦ΄ΧΧ’Φ°ΧΦΌΧΦΌΧ.
Rather, the contradiction between the two rulings of Shmuel must be resolved in a different manner. Rav Ashi said: Did you speak about konamot? Konamot are different, since they are a type of inherent sanctity, and therefore the konam can take effect on an item that is subjugated to another person, in accordance with the halakha articulated by Rava. As Rava said: Consecration, the prohibition of leavened bread on Passover, and the liberation of a slave can all abrogate a lien on property. If property was mortgaged to another person, and then the owner consecrated it, or if leavened bread was mortgaged and Passover arrived and it became prohibited to benefit from it, or if a slave was mortgaged and then liberated by his owner, the lien is abrogated. Since konam is a form of consecration, it can take effect on an item even when it is subjugated to another when the owner prohibited it, similar to the case of mortgaged property.
ΧΦ°Χ Φ΄Χ§Φ°ΧΦΌΦ°Χ©ΧΧΦΌ ΧΦ΅ΧΦ·Χ©ΧΦ°ΧͺΦΌΦΈΧ? ΧΦ·ΧΦΌΦ°ΧΧΦΌΧΦΈ Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ ΧΦ°Χ©ΧΦ΄ΧΧ’Φ°ΧΦΌΧΦΌΧΦ΅ΧΧΦΌ ΧΦΌΦ°ΧΦ·Χ’Φ·Χ, ΧΦΌΦ΄Χ ΧΦ΅ΧΧΦ΄Χ ΧΦΌΦ°ΧΦΈΧ ΧͺΦΌΦ΄ΧΧ§Φ°ΧΦΌΦ·Χ©Χ ΧΦ΅ΧΦ·Χ©ΧΦ°ΧͺΦΌΦΈΧ.
The Gemara asks: If it is so, that a konam can remove the lien on property, let her earnings become consecrated from now, even before her husband divorces her. The Gemara answers: The Sages reinforced the husbandβs lien in order that it not become consecrated now. However, since in general a konam can take effect on mortgaged items, it can take effect on her earnings after she leaves her husbandβs jurisdiction.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ ΧΦ°ΧΦ΅ΧΦΌΧΦΌ ΧΦ°ΧΦΈΧΧΧΦΉΧͺ Χ©ΧΦΆΧΦΈΧΦ΄Χ©ΦΌΧΦΈΧ Χ’ΧΦΉΧ©ΧΦΈΧ ΧΦ°ΧΦ·Χ’Φ°ΧΦΈΧΦΌ: ΧΧΦΉΧΦΆΧ ΦΆΧͺ, ΧΦ°ΧΧΦΉΧ€ΦΈΧ, ΧΦΌΧΦ°ΧΦ·ΧΦΌΦΆΧ‘ΦΆΧͺ, ΧΦ°ΧΦ·Χ©ΦΌΧΦΆΧΦΆΧͺ, ΧΦΌΧΦ°Χ Φ΄ΧΧ§ΦΈΧ ΧΦΆΧͺ ΧΦΌΦ°Χ ΦΈΧΦΌ, ΧΦ·Χ¦ΦΌΦ·Χ’Φ·Χͺ ΧΧΦΉ ΧΦ·ΧΦΌΦ΄ΧΦΌΦΈΧ, ΧΦ°Χ’ΧΦΉΧ©ΧΦΈΧ ΧΦΌΦ·Χ¦ΦΌΦΆΧΦΆΧ¨. ΧΦ΄ΧΦ°Χ Φ΄ΧΧ‘ΦΈΧ ΧΧΦΉ Χ©ΧΦ΄Χ€Φ°ΧΦΈΧ ΧΦ·ΧΦ·Χͺ β ΧΦΉΧ ΧΧΦΉΧΦΆΧ ΦΆΧͺ ΧΦ°ΧΦΉΧ ΧΧΦΉΧ€ΦΈΧ ΧΦ°ΧΦΉΧ ΧΦ°ΧΦ·ΧΦΌΦΆΧ‘ΦΆΧͺ. Χ©ΧΦ°ΧͺΦΌΦ·ΧΦ΄Χ β ΧΦ΅ΧΧ ΧΦ°ΧΦ·Χ©ΦΌΧΦΆΧΦΆΧͺ, ΧΦ°ΧΦ΅ΧΧ ΧΦ°Χ Φ΄ΧΧ§ΦΈΧ ΧΦΆΧͺ ΧΦΌΦ°Χ ΦΈΧΦΌ. Χ©ΧΦΈΧΦΉΧ©Χ β ΧΦ΅ΧΧ ΧΦ·Χ¦ΦΌΦ·Χ’Φ·Χͺ ΧΧΦΉ ΧΦ·ΧΦΌΦ΄ΧΦΌΦΈΧ, ΧΦ°ΧΦ΅ΧΧ Χ’ΧΦΉΧ©ΧΦΈΧ ΧΦΌΦ·Χ¦ΦΌΦΆΧΦΆΧ¨. ΧΦ·Χ¨Φ°ΧΦΌΦ·Χ’ β ΧΧΦΉΧ©ΧΦΆΧΦΆΧͺ ΧΦΌΦ°Χ§ΦΈΧͺΦΆΧΦ°Χ¨ΦΈΧ.
MISHNA: And these are tasks that a wife must perform for her husband: She grinds wheat into flour, and bakes, and washes clothes, cooks, and nurses her child, makes her husbandβs bed, and makes thread from wool by spinning it. If she brought him one maidservant, i.e., brought the maidservant with her into the marriage, the maidservant will perform some of these tasks. Consequently, the wife does not need to grind, and does not need to bake, and does not need to wash clothes. If she brought him two maidservants, she does not need to cook and does not need to nurse her child if she does not want to, but instead may give the child to a wet nurse. If she brought him three maidservants, she does not need to make his bed and does not need to make thread from wool. If she brought him four maidservants, she may sit in a chair [katedra] like a queen and not do anything, as her maidservants do all of her work for her.
Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΧΦΉΧΦ΅Χ¨: ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦ΄ΧΦ°Χ Φ΄ΧΧ‘ΦΈΧ ΧΧΦΉ ΧΦ΅ΧΦΈΧ Χ©ΧΦ°Χ€ΦΈΧΧΦΉΧͺ β ΧΦΌΧΦΉΧ€ΦΈΧΦΌ ΧΦ·Χ’Φ²Χ©ΧΧΦΉΧͺ ΧΦΌΦ·Χ¦ΦΌΦΆΧΦΆΧ¨, Χ©ΧΦΆΧΦ·ΧΦΌΦ·ΧΦΌΦΈΧΦΈΧ ΧΦ°ΧΦ΄ΧΧΦΈΧ ΧΦ΄ΧΧΦ΅Χ ΧΦ΄ΧΧΦΌΦΈΧ. Χ¨Φ·ΧΦΌΦΈΧ Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦΌΦΆΧ ΧΦΌΦ·ΧΦ°ΧΦ΄ΧΧΦ΅Χ ΧΧΦΉΧΦ΅Χ¨: ΧΦ·Χ£ ΧΦ·ΧΦΌΦ·ΧΦΌΦ΄ΧΧ¨ ΧΦΆΧͺ ΧΦ΄Χ©ΧΦ°ΧͺΦΌΧΦΉ ΧΦ΄ΧΦΌΦ·Χ’Φ²Χ©ΧΧΦΉΧͺ ΧΦ°ΧΦΈΧΧΦΈΧ β ΧΧΦΉΧ¦Φ΄ΧΧ ΧΦ°ΧΦ΄ΧͺΦΌΦ΅Χ ΧΦΌΦ°ΧͺΧΦΌΧΦΌΦΈΧ, Χ©ΧΦΆΧΦ·ΧΦΌΦ·ΧΦΌΦΈΧΦΈΧ ΧΦ°ΧΦ΄ΧΧΦΈΧ ΧΦ΄ΧΧΦ΅Χ Χ©ΧΦ΄ΧΧ’Φ²ΧΧΦΌΧ.
Rabbi Eliezer says: Even if she brought him a hundred maidservants, he can compel her to make thread from wool, since idleness leads to licentiousness. Consequently, it is better for a woman to be doing some kind of work. Rabban Shimon ben Gamliel says: Even one who vows that his wife is prohibited from doing any work must divorce her and give her the payment for her marriage contract, since idleness leads to idiocy.
ΧΦΌΦ°ΧΦΈΧ³ ΧΧΦΉΧΦΆΧ ΦΆΧͺ Χ‘ΦΈΧΦ°Χ§ΦΈΧ ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦΈΧΦ°?! ΧΦΆΧΦΌΦΈΧ ΧΦ΅ΧΧΦΈΧ: ΧΦ·ΧΦ°ΧΦΆΧ ΦΆΧͺ. ΧΦ°ΧΦ΄ΧΧΦΌΦΈΧ’Φ΅ΧΧͺ ΧΦ΅ΧΧΦΈΧ: ΧΦΌΦ°Χ¨Φ΄ΧΧΦ°ΧΦΈΧ ΧΦΌΦ΄ΧΧΦΈΧ.
GEMARA: With regard to the mishnaβs choice of terminology the Gemara asks: Could it enter your mind that she grinds the wheat into flour? Ordinarily, grinding is performed in a mill using millstones that are rotated by water or by animals, so the woman herself does not actually grind the wheat. The Gemara answers: Rather, say that she supervises the grinding by bringing wheat to the mill and ensuring that it is ground properly. Alternatively, if you wish, say instead: She can grind the wheat herself with a hand mill.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧͺΦ΄ΧΧ ΧΦΌΦ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΄ΧΦΌΦΈΧΧ, ΧΦΌΦ°ΧͺΦΈΧ Φ΅Χ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΄ΧΦΌΦΈΧΧ: ΧΦ΅ΧΧ ΧΦ΄Χ©ΦΌΧΦΈΧ ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧΧΦΉΧ€Φ΄Χ, ΧΦ΅ΧΧ ΧΦ΄Χ©ΦΌΧΦΈΧ ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧΦΈΧ Φ΄ΧΧ. ΧΦ°ΧͺΦΈΧ Φ΅Χ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΄ΧΦΌΦΈΧΧ: ΧΦ΅ΧΧ ΧΦ΄Χ©ΦΌΧΦΈΧ ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧͺΦ·ΧΦ°Χ©ΧΦ΄ΧΧΦ΅Χ ΧΦ΄Χ©ΦΌΧΦΈΧ. ΧΦ°ΧͺΦΈΧ Φ΅Χ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΄ΧΦΌΦΈΧΧ: ΧΦΈΧ¨ΧΦΉΧ¦ΦΆΧ Χ©ΧΦΆΧΦΌΦ°Χ’Φ·ΧΦΌΦ΅Χ ΧΦΆΧͺ ΧΦ΄Χ©ΧΦ°ΧͺΦΌΧΦΉ β ΧΦ·ΧΦ°ΧΦΌΦ΄ΧΧ©ΧΦΆΧ ΦΌΦΈΧ ΧΦΌΦ°ΧΦ΅Χ Χ€Φ΄Χ©ΧΦ°ΧͺΦΌΦΈΧ. ΧΦΈΧ¨ΧΦΉΧ¦ΦΆΧ Χ©ΧΦΆΧΦΌΦ·ΧΦ°ΧΦΌΦ΄ΧΧ ΧΦΆΧͺ ΧΦΌΦ΄ΧͺΦΌΧΦΉ β ΧΦ·ΧΦ²ΧΦ΄ΧΧΦΆΧ ΦΌΦΈΧ ΧΦΆΧ€Φ°Χ¨ΧΦΉΧΦ΄ΧΧ ΧΦ°ΧΦ·Χ©ΧΦ°Χ§ΦΆΧ ΦΌΦΈΧ ΧΦΈΧΦΈΧ Χ‘ΦΈΧΧΦΌΧΦ° ΧΦ°Χ€Φ΄ΧΧ¨Φ°Χ§ΦΈΧΦΌ.
The Gemara comments: The mishna is not in accordance with the opinion of Rabbi αΈ€iyya, as Rabbi αΈ€iyya teaches: A wife is only for beauty, and a wife is only for children, but not for household tasks. And Rabbi αΈ€iyya teaches: A wife is only for wearing a womanβs finery. And Rabbi αΈ€iyya similarly teaches: One who wishes to beautify his wife should clothe her in linen garments, and one who wishes to whiten his daughter so that she will have a fair complexion, should feed her young chickens, and should give her milk to drink toward the time of her maturity.
ΧΦΌΧΦ°Χ Φ΄ΧΧ§ΦΈΧ ΧΦΆΧͺ ΧΦΌΦ°Χ ΦΈΧΦΌ. ΧΦ΅ΧΧΦΈΧ ΧΦ·ΧͺΦ°Χ Φ΄ΧΧͺΦ΄ΧΧ ΧΦΌΦ°ΧΦΈΧ ΧΦΌΦ°ΧΦ΅ΧΧͺ Χ©ΧΦ·ΧΦΌΦ·ΧΧ. ΧΦΌΦ°ΧͺΦ·Χ Φ°ΧΦΈΧ: Χ ΦΈΧΦ°Χ¨ΦΈΧ Χ©ΧΦΆΧΦΌΦΉΧ ΧΦ°ΧΦΈΧ Φ΄ΧΧ§ ΧΦΆΧͺ ΧΦΌΦ°Χ ΦΈΧΦΌ, ΧΦΌΦ΅ΧΧͺ Χ©ΧΦ·ΧΦΌΦ·ΧΧ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ: Χ©ΧΧΦΉΧΦΆΧΦΆΧͺ ΧΦΌΦ·Χ ΧΦ΄Χ€ΦΌΦ΄ΧΧ. ΧΦΌΦ΅ΧΧͺ ΧΦ΄ΧΦΌΦ΅Χ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ: ΧΦΌΧΦΉΧ€ΦΈΧΦΌ ΧΦΌΧΦ°Χ Φ΄ΧΧ§ΦΈΧͺΧΦΉ. Χ Φ΄ΧͺΦ°ΧΦΌΦΈΧ¨Φ°Χ©ΧΦΈΧ β ΧΦ΅ΧΧ ΧΦΉ ΧΦΌΧΦΉΧ€ΦΈΧΦΌ. ΧΦ°ΧΦ΄Χ ΧΦΈΧΦΈΧ ΧΦ·ΧΦΌΦ΄ΧΧ¨ΦΈΧΦΌ β Χ ΧΦΉΧͺΦ΅Χ ΧΦΈΧΦΌ Χ©ΧΦ°ΧΦΈΧ¨ΦΈΧΦΌ ΧΦ°ΧΧΦΉΧ€ΦΈΧΦΌ, ΧΦΌΧΦ°Χ Φ΄ΧΧ§ΦΈΧͺΧΦΉ ΧΦ΄Χ€ΦΌΦ°Χ Φ΅Χ ΧΦ·Χ‘ΦΌΦ·ΧΦΌΦΈΧ ΦΈΧ.
Β§ The mishna mentions among a wifeβs obligations that she nurses her child. The Gemara suggests: Let us say that the mishna is not in accordance with the opinion of Beit Shammai, as it is taught in a baraita: If a woman took a vow not to nurse her child, Beit Shammai say: Since she vowed, she must remove her nipple from his mouth and not nurse him. Beit Hillel say: Her husband can compel her, and she must nurse the child even against her will. However, if she was divorced and therefore had no further obligations to her husband, he cannot compel her. Nevertheless, if the baby recognized her, then even after the divorce, her husband may pay her a salary as a wet nurse and compel her to nurse due to the danger that the child will starve if he refuses to nurse from another woman. This baraita indicates that according to Beit Shammai a woman has no obligation to nurse her child. If she had a prior obligation to her husband to nurse the child, the vow would not take effect.
ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧͺΦΌΦ΅ΧΧΦΈΧ ΧΦΌΦ΅ΧΧͺ Χ©ΧΦ·ΧΦΌΦ·ΧΧ, ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ: ΧΦΌΦ°ΧΧΦΉΧ Χ©ΧΦΆΧ ΦΌΦΈΧΦ°Χ¨ΦΈΧ ΧΦ΄ΧΧ, ΧΦ°Χ§Φ΄ΧΦΌΦ΅ΧΧ ΧΦ·ΧΦΌ ΧΧΦΌΧ. ΧΦ°Χ§ΦΈΧ‘ΦΈΧΦ°Χ¨Φ΄Χ ΧΦΌΦ΅ΧΧͺ Χ©ΧΦ·ΧΦΌΦ·ΧΧ: ΧΧΦΌΧ Χ ΧΦΉΧͺΦ΅Χ ΧΦΆΧ¦Φ°ΧΦΌΦ·Χ’ ΧΦΌΦ΅ΧΧ Χ©ΧΦ΄ΧΧ ΦΌΦΆΧΧΦΈ, ΧΦΌΧΦ΅ΧΧͺ ΧΦ΄ΧΦΌΦ΅Χ Χ‘ΦΈΧΦ°Χ¨Φ΄Χ: ΧΦ΄ΧΧ Χ ΦΈΧͺΦ°Χ ΦΈΧ ΧΦΆΧ¦Φ°ΧΦΌΦ·Χ’ ΧΦΌΦ΅ΧΧ Χ©ΧΦ΄ΧΧ ΦΌΦΆΧΧΦΈ.
The Gemara rejects this suggestion: Even if you say that the mishna is also in accordance with the opinion of Beit Shammai, here we are dealing with a case where she made this vow and her husband ratified it for her by refraining from nullifying it. Beit Shammai maintain that in that case it is considered as if he had placed his finger between her teeth, i.e., he caused the vow to be in effect, meaning that in that case the responsibility lies with him. Since he declined the opportunity to nullify the vow, her obligation to nurse is canceled. Beit Hillel maintain that in that case she put her finger between her own teeth, i.e., she caused the vow to remain in effect. Consequently, although he ratified her vow, the responsibility rests on her, and for this reason her obligation is not annulled.
ΧΦ°Χ Φ΄Χ€Φ°ΧΦ°ΧΧΦΌ ΧΦΌΦ΄ΧΦ°ΧͺΧΦΌΧΦΌΦΈΧ ΧΦΌΦ°Χ’ΦΈΧΦ°ΧΦΈΧ. ΧΦ°Χ’ΧΦΉΧ: ΧͺΦΌΦ·Χ Φ°ΧΦΈΧ, ΧΦΌΦ΅ΧΧͺ Χ©ΧΦ·ΧΦΌΦ·ΧΧ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ: ΧΦ΅ΧΧ ΦΈΧΦΌ ΧΦ°Χ Φ΄ΧΧ§ΦΈΧ! ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧΦ·ΧΦΌΦ·ΧΧ¨Φ°ΧͺΦΌΦΈΧ ΧΦ·ΧͺΦ°Χ Φ΄ΧΧͺΦ΄ΧΧ ΧΦΌΦ°ΧΦΈΧ ΧΦΌΦ°ΧΦ΅ΧΧͺ Χ©ΧΦ·ΧΦΌΦ·ΧΧ.
The Gemara asks: If so, that the dispute is about who is responsible when a woman vows and her husband ratifies the vow, and it is not specifically about her obligation to nurse her child, then let them dispute about a marriage contract in general, with regard to whether or not a woman is entitled to payment for her marriage contract if she vows to prohibit her husband from deriving benefit from her. And furthermore, it is taught in a baraita that Beit Shammai explicitly say with regard to all women, not specifically in the context of vows: She does not need to nurse if she does not want to. Rather, it is clear that the mishna is not in accordance with the opinion of Beit Shammai.
ΧΦ΄Χ ΧΦΈΧΦΈΧ ΧΦ·ΧΦΌΦ΄ΧΧ¨ΦΈΧΦΌ.
The Gemara above quotes a baraita where it is taught that if the baby recognized her, her husband can compel her to continue nursing even after she is divorced, but he must pay her for nursing.