THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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KESUVOS 75-80 - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving
memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Mr Irving
Grunberger helped many people quietly in an unassuming manner and is sorely
missed by all who knew him. His Yahrzeit is 10 Sivan.
1) MARRYING A PROMINENT WOMAN WHO MAKES NEDARIM
QUESTION: The Gemara asks that there is a contradiction between two
Beraisos. One Beraisa states that if a man is Mekadesh a woman on condition
that she has no Nedarim, and she has a Neder but she annuls it (before the
husband discovers the Neder), the Kidushin takes effect. A second Beraisa
states that in such a case the Kidushin does not take effect.
Rava answers that the Beraisa that says that the Kidushin does not take
effect is discussing an "Ishah Chashuvah," a woman from a prominent family.
RASHI explains that since the woman is from a prominent family, the man does
not want the Kidushin to take effect at all if she has any Nedarim, because
he wants to retain the right to marry her immediate relatives (and if the
Kidushin takes effect and he must divorce her, he will be prohibited to her
What does Rashi mean? If the woman annulled her Nedarim, there is no reason
for him not to want to be married to her. He should not be bothered that he
is Asur to her relatives, just like her was not bothered by it at the time
that he gave her the Kidushin! On the other hand, if the fact that she had
Nedarim which she annulled does not satisfy his stipulation because he is
afraid that she will continue to make more Nedarim in the future, then the
same concern should apply to any woman, even one who is not an Ishah
Chashuvah, and thus the Kidushin should not take effect with any woman who
has Nedarim since the stipulation was not fully fulfilled! (TOSFOS HA'ROSH)
(a) The TOSFOS HA'ROSH says that when a person makes a stipulation that the
Kidushin will take effect only if the woman has no Nedarim, there is a doubt
about what his intentions are. We know that he does not want her to have a
Neder upon her at the time of the marriage. However, he might also not want
her to be the type of woman who has a tendency to make Nedarim even if, at
the present moment, she has no Nedarim upon her. This second intention is
subject to doubt -- we cannot be certain that he does not want to marry her
if she might make Nedarim in the future. He might have that in mind, but, on
the other hand, perhaps he does not care about that.
Therefore, in the case of a woman who is not Chashuvah, he is required to
give her a Get when she annulled her present Nedarim, because she might make
Nedarim in the future and he might have intended not to marry such a woman.
In the case of an Ishah Chashuvah, though, we can be certain that he has
full intention not to marry her if she is the type of woman who will makes
Nedarim (whether she annuls her present Nedarim or not), because any excuse,
any imperfection he sees in her, will impel him to not marry her so that he
does not become Asur to her relatives if he finds it necessary to divorce
her. His stipulation is therefore interpreted to mean that he does not want
to marry her if she now has Nedarim *even if* she later annuls them.
(b) The AVNEI MILU'IM (EH 39:5) rejects this explanation. Even in the case
of a woman who is not Chashuvah, he argues, the husband should want the
Kidushin *not* to take effect if the woman has any imperfection in order to
avoid at all costs having to divorce her. If he divorces her, after all, he
must pay her the Kesuvah.
The Avnei Milu'im explains instead that Rava must hold like the Yerushalmi.
The Yerushalmi rules that even when a person makes a Tenai that he is
marrying the woman on condition that she has no Nedarim, and she turns out
to have Nedarim, he is still required mid'Rabanan to give her a Get, so that
if she later annuls her Nedarim she will not become an Eshes Ish
retroactively (by fulfilling the Tenai and having the Kidushin take effect
retroactively). (TOSFOS on 74b, DH Chacham, explains that the Bavli argues
and holds that it is not considered a fulfillment of the Tenai if she annuls
her Nedarim *after* the husband finds out about them.)
In the case of a woman who is not Chashuvah, the man does not mind the fact
that he must give her a Get if she is found to have Nedarim, even though he
becomes Asur to her relatives. In the case of an Ishah Chashuvah, though, he
wants to avoid giving her a Get if it turns out that she has Nedarim.
Therefore, he marries her on condition that *even if she annuls her
Nedarim*, he still does not want her to be his wife. That way, he will not
have to give her a Get if she *does* have Nedarim, since it will not help
for her to annul them afterwards and the Yerushalmi's concern will not