Talmud Yerushalmi
Yerushalmi Ketubot 7:1 ירושלמי כתובות ז׳:א׳
Part of: Chapter 7
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משנה: הַמַּדִּיר אֶת אִשְׁתּוֹ מִלֵּיהָנוֹת לוֹ עַד שְׁלֹשִׁים יוֹם יַעֲמִיד לָהּ פַּרְנָס. יוֹתֵר מִיכֵּן יוֹצִיא וְיִתֵּן כְּתוּבָּה. רִבִּי יְהוּדָה אוֹמֵר בְּיִשְׂרָאֵל חֹדֶשׁ אֶחָד יְקַיֵים וּשְׁנַיִם יוֹצִיא וְיִתֵּן כְּתוּבָּה וּבַכֹּהֶנֶת שְׁנַיִם מְקַיֵים וּשְׁלֹשָׁה יוֹצִיא וְיִתֵּן כְּתוּבָּה.
MISHNAH: If somebody makes a vow that his wife should not have any usufruct from him1Then he cannot fulfill his obligation to feed, clothe, and house his wife., up to thirty days2This can be read to mean that the wife cannot sue for divorce if the husband limits his vow to thirty days. But if his vow is unlimited, the wife can demand an immediate divorce. It might also mean that in no case can the wife sue unless the husband did not provide for her for at least 30 days. he shall appoint a provider3Who provides for her from his own money and only later is repaid by the husband., more than that he has to divorce her and pay the ketubah. Rebbi Jehudah says, if he is an Israel4Who can remarry his divorcee if he found an Elder who dissolves his vow., for one month he should keep her, for two he has to divorce her and pay the ketubah; in the case of the wife of a Cohen5He is given more time to find a way to dissolve his vow since he never could remarry his divorcee, Lev. 21:7. for two months he should keep her, for three he has to divorce her and pay the ketubah.
MISHNAH: If somebody makes a vow that his wife should not have any usufruct from him1Then he cannot fulfill his obligation to feed, clothe, and house his wife., up to thirty days2This can be read to mean that the wife cannot sue for divorce if the husband limits his vow to thirty days. But if his vow is unlimited, the wife can demand an immediate divorce. It might also mean that in no case can the wife sue unless the husband did not provide for her for at least 30 days. he shall appoint a provider3Who provides for her from his own money and only later is repaid by the husband., more than that he has to divorce her and pay the ketubah. Rebbi Jehudah says, if he is an Israel4Who can remarry his divorcee if he found an Elder who dissolves his vow., for one month he should keep her, for two he has to divorce her and pay the ketubah; in the case of the wife of a Cohen5He is given more time to find a way to dissolve his vow since he never could remarry his divorcee, Lev. 21:7. for two months he should keep her, for three he has to divorce her and pay the ketubah.
הלכה: הַמַּדִּיר אֶת אִשְׁתּוֹ מִלֵּיהָנוֹת לוֹ כול׳. תַּמָּן תַּנִּינָן. הַמַּדִיר אֶת אִשְׁתּוֹ מִתַּשְׁמִישׁ הַמִּיטָּה. וָכָא אַתְּ מַר הָכֵין. תַּמָּן בְּמַדִירָהּ מִגּוּפוֹ. בְּרַם הָכָא בְמַדִירָהּ מִנְּכָסָיו. וְיֵשׁ אָדָם נוֹדֵר שֶׁלֹּא לִפְרוֹעַ אֶת חוֹבוֹ. אָמַר רִבִּי יוֹסֵי בֶן חֲנִינָה. מִכֵּיוָן שֶׁהוּא עָתִיד לְגָרְשָׁהּ וְלִיתֵּן לָהּ כְּתוּבָּה וּלְמָעֵט מִמְּזוֹנוֹתֶיהָ כְּמִי שֶׁאֵין בּוֹ חוֹב. וּתְהֵא יוֹשֶׁבֶת וּמַמְתֶּנֶת. וְאִם גֵּירַשׁ הֲרֵי יָפֶה. וְאִם לָאו יַעֲלֶה לָהּ מְזוֹנוֹת. כְּמָאן דָּמַר. אֵין מְזוֹנוֹת הָאִשָּׁה מִדְּבַר תּוֹרָה. כְּהָדָא דְּתַנֵּי. אֵין בֵּית דִּין פּוֹסְקִין לְאִשָּׁה מְזוֹנוֹת מִדְּמֵי שְׁבִיעִית. אֲבָל נִיזּוֹנֶת הִיא אֶצֶל בַּעֲלָהּ בַּשְּׁבִיעִית. וְיַעֲשׂוּ אוֹתָהּ כְּפוֹעֵל שֶׁאֵינוֹ שָׁוֶה פְרוּטָה. הָדָא אָמְרָה שֶׁאֵין עוֹשִׂין אוֹתוֹ כְּפוֹעֵל שֶׁאֵינוֹ שָׁוֶה פְרוּטָה.
HALAKHAH: “If somebody makes a vow that his wife should not have any usufruct from him,” etc. There6Mishnah 5:8. There, the House of Hillel already force the husband to divorce his wife after one week., we have stated: “If somebody by a vow bars his wife from sexual intercourse,” and here you say so? There, he makes a vow to separate her from his body7A vow not to sleep with his wife is essentially a vow to terminate the marriage; a vow concerning money matters is not., but here he makes a vow to separate her from his property. But can anybody make a vow not to pay his debt8Why should the vow be valid if it infringes contractual rights of third parties? (Cf. Introduction to Tractate Nedarim.)? Rebbi Yose ben Ḥanina said, since in the future he will divorce her, pay her the ketubah, and stop her food supply, it is as if there was no debt9The Babli, 70a, notes that the partners in a marriage have the right to separate their incomes: The husband can renounce any benefit from his wife’s work and not pay any of her expenses or the wife can renounce any support from her husband and keep all her earnings. But any of these possibilities presuppose mutual consent.. Why could she not sit there and wait; if he divorced her everything would be in order, otherwise let him provide her with food10Since in Halakhah 5:8 the obligation of the husband to feed his wife was given a biblical basis, why should the husband’s vow not simply be declared invalid and he be forced to feed his wife by a court order?? It follows him who said that the wife’s food is not from words of the Torah11This and the next argument are explained in Ma‘serot 3:1, Notes 11–13. Cf. also the argument of R. Eliezer ben Jacob in Halakhah 5:8 and the last sentence of Chapter 13., as it was stated12Tosephta Ševi‘it 5:22.: The court will not determine food for the wife from Sabbatical money, but she may be given Sabbatical produce to eat at her husband’s13If the husband is away on a trip and the wife needs money to survive, she can sell some of the husband’s property under the supervision of the court. She cannot sell Sabbatical produce since nobody may use such produce to pay his debts (and the wife’s claim is a debt based on the ketubah document.) But if the husband is present, she may eat from his Sabbatical fruit since this fulfills the rabbinic ordinance to support the wife and is not counted as paying a debt.. Then should she not be considered as a worker not worth a peruṭah142Which is not a defect for a male, cf. Note 137.? This proves that she is not considered as a worker not worth a peruṭah.
HALAKHAH: “If somebody makes a vow that his wife should not have any usufruct from him,” etc. There6Mishnah 5:8. There, the House of Hillel already force the husband to divorce his wife after one week., we have stated: “If somebody by a vow bars his wife from sexual intercourse,” and here you say so? There, he makes a vow to separate her from his body7A vow not to sleep with his wife is essentially a vow to terminate the marriage; a vow concerning money matters is not., but here he makes a vow to separate her from his property. But can anybody make a vow not to pay his debt8Why should the vow be valid if it infringes contractual rights of third parties? (Cf. Introduction to Tractate Nedarim.)? Rebbi Yose ben Ḥanina said, since in the future he will divorce her, pay her the ketubah, and stop her food supply, it is as if there was no debt9The Babli, 70a, notes that the partners in a marriage have the right to separate their incomes: The husband can renounce any benefit from his wife’s work and not pay any of her expenses or the wife can renounce any support from her husband and keep all her earnings. But any of these possibilities presuppose mutual consent.. Why could she not sit there and wait; if he divorced her everything would be in order, otherwise let him provide her with food10Since in Halakhah 5:8 the obligation of the husband to feed his wife was given a biblical basis, why should the husband’s vow not simply be declared invalid and he be forced to feed his wife by a court order?? It follows him who said that the wife’s food is not from words of the Torah11This and the next argument are explained in Ma‘serot 3:1, Notes 11–13. Cf. also the argument of R. Eliezer ben Jacob in Halakhah 5:8 and the last sentence of Chapter 13., as it was stated12Tosephta Ševi‘it 5:22.: The court will not determine food for the wife from Sabbatical money, but she may be given Sabbatical produce to eat at her husband’s13If the husband is away on a trip and the wife needs money to survive, she can sell some of the husband’s property under the supervision of the court. She cannot sell Sabbatical produce since nobody may use such produce to pay his debts (and the wife’s claim is a debt based on the ketubah document.) But if the husband is present, she may eat from his Sabbatical fruit since this fulfills the rabbinic ordinance to support the wife and is not counted as paying a debt.. Then should she not be considered as a worker not worth a peruṭah142Which is not a defect for a male, cf. Note 137.? This proves that she is not considered as a worker not worth a peruṭah.
וְיַעֲמִיד פַּרְנָס. כְּהָדָא. אִישׁ פְּלוֹנִי מוּדָּר מִמֶּנִי הֲנָיָיה וְאֵינִי יוֹדֵעַ מָה אֶעֱשֶׂה. יַעֲמִיד פַּרְנָס. רְשׁוּת בְּיַד הָאִשָּׁה לוֹמַר. אֵי אֶיפְשִׁי לְהִתְפַּרְנֵס מְאַחֵר אֶלָּא מִבַּעֲלִי. וְהָתַנִּינָן. הַמַּשְׁרֶה אֶת אִשְׁתּוֹ עַל יְדֵי שָׁלִישׁ. כָּאן בְּשֶׁקִּיבְּלָה עָלֶיהָ וְכָאן בְּשֶׁלֹּא קִיבְּלָה עָלֶיהָ. אִי בְּשֶׁלֹּא קִבְּלָה עָלֶיהָ אֲפִילוּ יוֹם אֶחָד לֹא יַעֲמִיד. מְגַלְגֶּלֶת עִמּוֹ שְׁלֹשִׁים יוֹם שֶׁמָּא יִמְצָא פֶתַח לְנִדְרוֹ. שְׁמוּאֵל אָמַר. בְּמַדִירָהּ שְׁלֹשִׁים יוֹם. אֲבָל בְּמַדִירָהּ לְעוֹלָם מִיָּד יוֹצִיא וְיִתֵּן כְּתוּבָּה. רִבִּי זְעִירָה רִבִּי אֲבִינָא בְשֵׁם רַב. וַאֲפִילוּ בְּמַדִירָהּ לְעוֹלָם מְגַלְגֶּלֶת עִמּוֹ שְׁלֹשִׁים יוֹם שֶׁמָּא יִמְצָא פֶתַח לְנִדְרוֹ.
He could appoint a provider15The Mishnah requires the husband to look for a provider but in fact he cannot appoint one since his vow prohibits him to provide for his wife through an agent. The only way the husband can fulfill his obligation is indicated by Mishnah Nedarim 4:8 (Notes 101,102) quoted here, in that he indicates to a third person that he is ready to repay that person after he has provided for his wife, in a way that the provider could not have recourse to the courts if the husband would not pay., as the following: “X is forbidden any profit from me by a vow and I do not know what to do.” Let him appoint a provider16Why can the wife force a divorce if she is provided for?! A woman has the right to say, it is impossible for me to be provided for by anybody other than my husband. But did we not state17Mishnah 5:11. That Mishnah and the following give detailed instructions how a wife is provided for by an agent, giving the impression that this refers to a permanent arrangement. Why is this only accepted as very temporary in the Mishnah here?: “If somebody provides for his wife through a third party.” There, if she accepted it; here, if she did not accept it. If she did not accept it18This clause is an insert by the first corrector. The text is suspect since אִי is Babylonian, for Galilean אִין “if”. then he should not appoint even for one day! She continues with him for one month, perhaps he will find an opening for his vow19One requires a cooling-down period of one month to give the husband time to regret his vow and seek dissolution of the vow by an Elder.. Samuel says, if he vowed for thirty days. But if he vowed forever, he shall divorce immediately and pay the ketubah. Rebbi Ze‘ira, Rebbi Avina in the name of Rav: Even if he vowed forever, she continues with him for one month, perhaps he will find an opening for his vow20In the Babli, 71a, the positions attributed to Samuel and Rav are switched..
He could appoint a provider15The Mishnah requires the husband to look for a provider but in fact he cannot appoint one since his vow prohibits him to provide for his wife through an agent. The only way the husband can fulfill his obligation is indicated by Mishnah Nedarim 4:8 (Notes 101,102) quoted here, in that he indicates to a third person that he is ready to repay that person after he has provided for his wife, in a way that the provider could not have recourse to the courts if the husband would not pay., as the following: “X is forbidden any profit from me by a vow and I do not know what to do.” Let him appoint a provider16Why can the wife force a divorce if she is provided for?! A woman has the right to say, it is impossible for me to be provided for by anybody other than my husband. But did we not state17Mishnah 5:11. That Mishnah and the following give detailed instructions how a wife is provided for by an agent, giving the impression that this refers to a permanent arrangement. Why is this only accepted as very temporary in the Mishnah here?: “If somebody provides for his wife through a third party.” There, if she accepted it; here, if she did not accept it. If she did not accept it18This clause is an insert by the first corrector. The text is suspect since אִי is Babylonian, for Galilean אִין “if”. then he should not appoint even for one day! She continues with him for one month, perhaps he will find an opening for his vow19One requires a cooling-down period of one month to give the husband time to regret his vow and seek dissolution of the vow by an Elder.. Samuel says, if he vowed for thirty days. But if he vowed forever, he shall divorce immediately and pay the ketubah. Rebbi Ze‘ira, Rebbi Avina in the name of Rav: Even if he vowed forever, she continues with him for one month, perhaps he will find an opening for his vow20In the Babli, 71a, the positions attributed to Samuel and Rav are switched..
אִית תַּנָּיֵי תַנֵּי. שְׁלֹשִׁים יוֹם. אִית תַּנָּיֵי תַנֵּי. עַד שְׁלֹשִׁים. מָאן דָּמַר. שְׁלֹשִׁים. מְסַיּיֵעַ לְרַב. וּמָאן דָּמַר. עַד שְׁלֹשִׁים. מְסַיּיֵעַ לִשְׁמוּאֵל.
Some Tannaïm state: thirty days. Some Tannaïm state: up to thirty days21All ms. sources (Mishnah, Tosephta 7:1, quotes in Yerushalmi and Babli) support the second version.. He who says thirty days22This is the minimum delay before the wife can go to court; therefore the husband certainly has to provide for 30 days. supports Rav; he who says up to thirty days23The divorce proceedings should be finished by then and the full ketubah paid. supports Samuel.
Some Tannaïm state: thirty days. Some Tannaïm state: up to thirty days21All ms. sources (Mishnah, Tosephta 7:1, quotes in Yerushalmi and Babli) support the second version.. He who says thirty days22This is the minimum delay before the wife can go to court; therefore the husband certainly has to provide for 30 days. supports Rav; he who says up to thirty days23The divorce proceedings should be finished by then and the full ketubah paid. supports Samuel.
רִבִּי יוֹסֵי אוֹמֵר. בְּכוֹהֲנוֹת פְּלִיגִין. יוֹתֵר מִיכֵּן יוֹצִיא וְיִתֵּן כְּתוּבָּה. בְּסוֹף שְׁנַיִם. רִבִּי יְהוּדָה אוֹמֵר. בְּיִשְׂרָאֵל חוֹדֶשׁ אֶחָד יְקַיֵים. וּשְׁנַיִם יוֹצִיא וְיִתֵּן כְּתוּבָּה. בְּסוֹף שְׁנַיִם. וּבְכוֹהֲנוֹת שְׁנַיִם יְקַיֵים. שְׁלֹשָׁה יוֹצִיא וְיִתֵּן כְּתוּבָּתָהּ. בִּתְחִילַּת שָׁלֹשׁ. וְתַנֵּי פְלִיג בְּסוֹף שְׁלֹשָׁה. דִּבְרֵי רִבִּי מֵאִיר. אָמַר לֵיהּ רִבִּי מָנָא. הֵן דְּלָא תַנִּיתָהּ פְּלִיגָא אַתְּ עֲבַד לֵיהּ פְּלִיגָא. אֶלָּא בְיִשְׂרָאֵל פְּלִיגִין. יוֹתֵר מִיכֵּן יוֹצִיא וְיִתֵּן כְּתוּבָּה. בִּתְחִילַּת שְׁנַיִם. רִבִּי יוּדָה אוֹמֵר בְּיִשְׂרָאֵל חֹדֶשׁ אֶחָד יְקַיֵים וּשְׁנַיִם יוֹצִיא וְיִתֵּן כְּתוּבָּה. בִּתְחִילַּת שְׁנַיִם. וּבַכּוֹהֲנוֹת שְׁנַיִם יְקַיֵים. שְׁלֹשָׁה יוֹצִיא וְיִתֵּן כְּתוּבָּה. בְּסוֹף שְלֹשָׁה. וְתַנֵּי כֵן. בְּסוֹף שְׁלֹשָׁה דִּבְרֵי הַכֹּל.
Rebbi Yose said, they24R. Jehudah and R. Meïr, the author of the anonymous Mishnah. In Tosephta 7:1 it is stated: “He should appoint a provider for up to 30 days, and for a Cohen’s wife three months, the words of R. Meïr.” At first glance, this seems to indicate that R. Jehudah permits the court to force the husband to divorce his wife immediately after the end of the second month but R. Meïr only after the end of the third. differ about wives of Cohanim. “Beyond that he has to divorce her and pay the ketubah,” at the end of the second [month]25Scheduling one month for the court proceedings.. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the end of the second [month]. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the beginning of the third. And a disagreement was stated26In the Tosephta., at the end of three [months], the words of Rebbi Meïr. Rebbi Mana said to him, where no disagreement was stated, you introduce a disagreement. But they disagree if he is an Israel. “Beyond that he has to divorce her and pay the ketubah,” at the beginning of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her27In a short month only 29 days, in opposition to R. Meïr who requires 30 days in every case (Babli 71a)., for two he has to divorce her and pay the ketubah,” at the beginning of the second. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the end of three [months]. It was stated thus: At the end of three by everybody’s opinion.
Rebbi Yose said, they24R. Jehudah and R. Meïr, the author of the anonymous Mishnah. In Tosephta 7:1 it is stated: “He should appoint a provider for up to 30 days, and for a Cohen’s wife three months, the words of R. Meïr.” At first glance, this seems to indicate that R. Jehudah permits the court to force the husband to divorce his wife immediately after the end of the second month but R. Meïr only after the end of the third. differ about wives of Cohanim. “Beyond that he has to divorce her and pay the ketubah,” at the end of the second [month]25Scheduling one month for the court proceedings.. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her, for two he has to divorce her and pay the ketubah,” at the end of the second [month]. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the beginning of the third. And a disagreement was stated26In the Tosephta., at the end of three [months], the words of Rebbi Meïr. Rebbi Mana said to him, where no disagreement was stated, you introduce a disagreement. But they disagree if he is an Israel. “Beyond that he has to divorce her and pay the ketubah,” at the beginning of the second [month]. “Rebbi Jehudah says, if he is an Israel, for one month he should keep her27In a short month only 29 days, in opposition to R. Meïr who requires 30 days in every case (Babli 71a)., for two he has to divorce her and pay the ketubah,” at the beginning of the second. “In the case of the wife of a Cohen for two months he should keep her, for three he has to divorce her and pay the ketubah,” at the end of three [months]. It was stated thus: At the end of three by everybody’s opinion.