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7:5:1

משנה: הַמַּדִּיר אֶת אִשְׁתּוֹ שֶׁלֹּא תֵלֵךְ לְבֵית הָאֵבֶל אוֹ לְבֵית הַמִּשְׁתֶּה יוֹצִיא וְיִתֵּן כְּתוּבָּה מִפְּנֵי שֶׁנוֹעֵל בְּפָנֶיהָ. וְאִם הָיָה טוֹעֵן מִשּׁוּם דָּבָר אַחֵר רַשַּׁאי. אִם אָמַר לָהּ שֶׁתֹּאמְרִי לִפְלוֹנִי מַה שֶׁאָמַרְתִּי לָךְ אוֹ שֶׁתִּהְיִי מְמַלְּאָה וּמְעָרָה לְאַשָּׁפוֹת יוֹצִיא וְיִתֵּן כְּתוּבָּה.

MISHNAH: 46The entire Mishnah is explained in the Halakhah. If somebody causes a vow of his wife that she should not pay condolence visits or go to weddings has to divorce her and pay the ketubah. But if he argues because of another reason, he is in his rights. If he said to her you should tell X what I said to you47This is the text in the Yerushalmi and one Babli mss. In all other Talmud or Mishnah mss.: “What you said to me or what I said to you” (text in the Halakhah) or “what I said to you or you said to me”. or that she should fill [vessels] and pour them out on garbage heaps, he has to divorce her and pay the ketubah.

MISHNAH: 46The entire Mishnah is explained in the Halakhah. If somebody causes a vow of his wife that she should not pay condolence visits or go to weddings has to divorce her and pay the ketubah. But if he argues because of another reason, he is in his rights. If he said to her you should tell X what I said to you47This is the text in the Yerushalmi and one Babli mss. In all other Talmud or Mishnah mss.: “What you said to me or what I said to you” (text in the Halakhah) or “what I said to you or you said to me”. or that she should fill [vessels] and pour them out on garbage heaps, he has to divorce her and pay the ketubah.

7:5:2

הלכה: הַמַּדִּיר אֶת אִשְׁתּוֹ שֶׁלֹּא תֵלֵךְ לְבֵית הָאֵבֶל כול׳. הִדִּירָהּ שֶׁלֹּא לְהַשְׁאִיל נָפָה וּכְבָרָה. יוֹצִיא וְיִתֵּן כְּתוּבָּה. מִפְּנֵי שֶׁהוּא מַשִּׂיאָהּ שֶׁם רַע בִּשְׁכֵינוֹתֶיהָ. וְכֵן הִיא שֶׁנָּדְרָה שֶׁלֹּא לְהַשְׁאִיל נָפָה וּכְבָרָה תֵצֵא שֶׁלֹּא בִּכְתוּבָּה. מִפְּנֵי שֶׁהִיא מַשִּׂיאָתוֹ שֶׁם רַע עַל שְׁכֵינָיו. הִדִּירָהּ שֶׁלֹּא תֵלֵךְ לְבֵית הָאֵבֶל אוֹ לְבֵית הַמִּשְׁתֶּה יוֹצִיא וְיִתֵּן כְּתוּבָּה. שֶׁלְּמָחָר מֵתָהּ מוּטָּל לְפָנֶיהָ וְאֵין בִּרְיָיה מַשְׁגָּחַת עָלֶיהָ. וְכֵן הִיא שֶׁנָּדְרָה שֶׁלֹּא תֵלֵךְ לְבֵית הָאֵבֶל אוֹ לְבֵית הַמִּשְׁתֶּה תֵצֵא שֶׁלֹּא בִּכְתוּבָּה. שֶׁלְּמָחָר מֵתוֹ מוּטָּל לְפָנָיו וְאֵין בִּרְיָיה מַשְׁגָּחַת עָלָיו. רִבִּי מֵאִיר אוֹמֵר מִשּׁוּם רִבִּי עֲקִיבָה רַבּוֹ. טוֹב לָלֶכֶת אֶל בֵּית הָאֵבֶל מִלֶּכֶת אֶל בֵּית הַמִּשְׁתֶּה בַּאֲשֶׁר הוּא סוֹף כָּל הָאָדָם וְהַחַי יִתֵּן אֶל לִבּוֹ. מַה תַלְמוּד לוֹמַר וְהַחַי יִתֵּן אֶל לִבּוֹ. אֶלָּא עֲבַד דְּיַעַבְדּוֹן סְפוֹד דְּיִסְפְּדוּן קֲבוֹר דְּיִקְבְּרוּן לְוַויי דְּיִלְווּן.

HALAKHAH: “If somebody causes a vow of his wife that she should not pay condolence visits,” etc. 48In the Babli, 72a, and Tosephta 7:4: “fine and coarse sieves and portable ovens.””If he made her vow not to lend out fine and coarse sieves, he shall divorce her and pay the ketubah, since he gives her a bad reputation among her [female] neighbors. And so if she made a vow not to lend out fine and coarse sieves, she should leave without ketubah since she gives him a bad reputation among his [male] neighbors.” 49Babli, 72a, In Tosephta 7:5: She will die and nobody will care.”If he made her vow not to pay condolence visits or go to weddings, he shall divorce her and pay the ketubah, since tomorrow a relative of hers will die and nobody will take notice of her. And so if she made a vow not to pay condolence visits or go to weddings, she should leave without ketubah since tomorrow a relative of his will die and nobody will take notice of him.” 50Similar but slightly different texts in Babli, 72a, and Tosephta 7:6 (Eccl. 7:6).”Rebbi Meïr is saying in the name of his teacher Rebbi Aqiba: ‘It is better to pay condolence visits than to go to a wedding since the former is the end of every human, and the living should take notice.’ Why does the verse say, ‘and the living should take notice’? But do so they shall: eulogize so they should eulogize, bury so they should bury, accompany51Accompany the coffin to the cemetery. so they should accompany.”

HALAKHAH: “If somebody causes a vow of his wife that she should not pay condolence visits,” etc. 48In the Babli, 72a, and Tosephta 7:4: “fine and coarse sieves and portable ovens.””If he made her vow not to lend out fine and coarse sieves, he shall divorce her and pay the ketubah, since he gives her a bad reputation among her [female] neighbors. And so if she made a vow not to lend out fine and coarse sieves, she should leave without ketubah since she gives him a bad reputation among his [male] neighbors.” 49Babli, 72a, In Tosephta 7:5: She will die and nobody will care.”If he made her vow not to pay condolence visits or go to weddings, he shall divorce her and pay the ketubah, since tomorrow a relative of hers will die and nobody will take notice of her. And so if she made a vow not to pay condolence visits or go to weddings, she should leave without ketubah since tomorrow a relative of his will die and nobody will take notice of him.” 50Similar but slightly different texts in Babli, 72a, and Tosephta 7:6 (Eccl. 7:6).”Rebbi Meïr is saying in the name of his teacher Rebbi Aqiba: ‘It is better to pay condolence visits than to go to a wedding since the former is the end of every human, and the living should take notice.’ Why does the verse say, ‘and the living should take notice’? But do so they shall: eulogize so they should eulogize, bury so they should bury, accompany51Accompany the coffin to the cemetery. so they should accompany.”

7:5:3

אִם הָיָה טוֹעֵן מִשּׁוּם דָּבָר אַחֵר רַשַּׁאי. מִשּׁוּם שֶׁם רַע.

“If he argues because of another reason, he is in his rights,” because of bad reputation52If he objects only to certain visits where his wife is likely to meet persons of bad reputation who might seduce her..

“If he argues because of another reason, he is in his rights,” because of bad reputation52If he objects only to certain visits where his wife is likely to meet persons of bad reputation who might seduce her..

7:5:4

אָמַר לָהּ עַל מְנָת שֶׁתֹּאמְרִי לְאִישׁ פְּלוֹנִי מַה שֶׁאָמַרְתְּ לִי. בְּיָחִיד. אוֹ שֶׁאָמַרְתִּי לָךְ. בְּיָחִיד. אוֹ שֶׁתְּהֵא מְמַלָּא וּמְעָרָה לְאַשָּׁפוֹת יוֹצִיא וְיִתֵּן כְּתוּבָּה. תַּמָּן אָמְרִין. כְּגוֹן מַעֲשֵׂה עֵר. וְרַבָּנִין דְּהָכָא אָמְרִין. דְּבָרִים שֶׁלְּבַטָּלָה.

“If he said to her I require that you tell Mr. X what you said to me,” alone, “or I said to you”, alone53Private matters at the time of sex play; Tosephta 7:6. The formulation in the Babli 72a, “shameful matters” is ambiguous., “or that she should fill [vessels] and pour them out on garbage heaps, he has to divorce her and pay the ketubah.54In the Tosephta: Because he does not treat her following the laws of Moses and Israel. The formula for the preliminary marriage is that the woman shall be married to the man “following the laws of Moses and Israel.”” There55Babli 72a in the name of Samuel., they say, like Er’s action56Which in Jewish tradition was identical to Onan’s sin. He requires her to take contraceptive action; Gen.38:7,9. Cf. Gen. rabba 85(5) where the expression is: He ploughed in the gardens and poured out on the garbage heaps., but the rabbis here say, senseless things57In the words of the Babli, 72a, if she pours water out on the garbage heap “her neighbors would consider her insane.”.

“If he said to her I require that you tell Mr. X what you said to me,” alone, “or I said to you”, alone53Private matters at the time of sex play; Tosephta 7:6. The formulation in the Babli 72a, “shameful matters” is ambiguous., “or that she should fill [vessels] and pour them out on garbage heaps, he has to divorce her and pay the ketubah.54In the Tosephta: Because he does not treat her following the laws of Moses and Israel. The formula for the preliminary marriage is that the woman shall be married to the man “following the laws of Moses and Israel.”” There55Babli 72a in the name of Samuel., they say, like Er’s action56Which in Jewish tradition was identical to Onan’s sin. He requires her to take contraceptive action; Gen.38:7,9. Cf. Gen. rabba 85(5) where the expression is: He ploughed in the gardens and poured out on the garbage heaps., but the rabbis here say, senseless things57In the words of the Babli, 72a, if she pours water out on the garbage heap “her neighbors would consider her insane.”.

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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