If one forbids his wife by vow from deriving enjoyment from him, until thirty days, he appoints a "provider." [The vow does not take effect vis-à-vis the enjoyment of cohabitation, because he is obligated to her in that regard, and he is not empowered to abrogate that obligation. And, as to the enjoyment of food, even though he is obligated to her (in that regard, too), the vow can take effect by her food being supplied through (the proceeds of) her handiwork. The gemara asks: In that case, why need he appoint a provider? And it answers: When it (her handiwork) does not suffice for those things she was accustomed to in her father's house. For this purpose alone he appoints a provider. He does not appoint a messenger to provide for her, for "a man's messenger is as the man himself." He just says: "Whoever provides (for her) will not lose thereby."] Beyond that time, he sends her away and gives her her kethubah. [For until thirty days people do not hear of it and there is no "cheapening"; beyond thirty days, they do hear of it and there is "cheapening."] R. Yehudah says: With an Israelite, [who can remarry his divorcée], he keeps her (as a wife) one month, and on the second, he sends her out and gives her her kethubah. And with a Cohein [(who, if he divorces her will not be able to remarry her, the rabbis gave him more time)], he keeps her two months, and on the third month he sends her out and gives her her kethubah. [The halachah is not in accordance with R. Yehudah.]
Bartenura on Mishnah Ketubot
המדיר את אשתו מליהנות לו – on the benefit of sexual relations, this vow does not take effect because he is subjugated to her and he doesn’t have the power to cancel his obligation of his subjugation and on the benefit of food, even though he is subjugated to her, we find that the vow exists such as we supply her handiwork for her food. And in the Gemara (Talmud Ketubot 70b), it raises a question: if so, why should he appoint an administrator? And it answers – such as the case that we don’t supply the things that she was accustomed to in her father’s house and for this alone, he should appoint an administrator who will provide for her and not that he sill appoint an agent to support her, for the agent of a person is like that person, but rather, he says, all who support does not cause loss.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
Introduction
The first six mishnayoth of chapter seven discuss vows that a husband might take to prohibit his wife from doing something. If the husband takes such a vow and thereby deprives the woman of a right that she has, he must divorce her and pay her her ketubah. However, he does not necessarily have to divorce her immediately. Rather we give him a cooling off period, in the hopes that he will change his mind, and find someone to release him from his vow (we will learn about how vows are released in tractate Nedarim).
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
יתר מכן יוציא ויתן כתובה – for up to thirty days, people don’t listen and there is no disgrace. More than thirty days, people here and there is disgrace.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
If a man forbade his wife by vow to have any benefit from him, for thirty days, he may appoint a provider, but if for a longer period he must divorce her and give her the ketubah. If a man takes a vow thereby forbidding anything he owns to his wife, he has broken one of the guarantees of the ketubah, namely that he must provide her with food and clothing. Therefore he must divorce her. The first opinion in the mishnah gives him thirty days to “cool off”. After that time he must divorce her and give her her ketubah. Furthermore, even during these thirty days he is not allowed to abrogate his duties to her. Rather he must appoint someone to provide for her during this time period. According to the Talmud, this “provider” is not a direct agent of the husband, for that would be as if he himself was providing for her, and he cannot due to his vow. Therefore, the Talmud explains that the husband states, “Anyone who provides for my wife will not lose out”. When someone else provides for her, the husband may pay him back and this is not consider an abrogation of the vow.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
בישראל – if he is an Israelite (as opposed to being a Kohen), he can restore his divorced wife.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
Rabbi Judah ruled: if he was an Israelite he may keep her [as his wife, if the vow was] for one month, but must divorce her and give her the ketubah [if it was for] two months. If he was a priest he may keep her [as his wife, if the vow was] for two months, but must divorce her and give her the ketubah [if it was for] three. According to Rabbi Judah, the husband is given a slightly longer period in which to “cool off” and have his vow released. If he is an Israelite and he takes a vow that she should not benefit from his property for one month, he may provide for her with a “provider”. However, if he takes a vow for two months, he must divorce her and give her her ketubah. If he is a priest, if his vow is for two months he may provide for her with a provider, but if for three months he must divorce her. The reason that Rabbi Judah gives more time to a priest is that a priest cannot remarry his own divorcee. A regular Israelite can remarry his divorcee provided that she has not remarried someone else first.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Ketubot
ובכהנת – for if he disvorces her, he is not able to restore her [as his wife], the Rabbis hive him more time, but the Halakha is not according to Rabbi Yehuda.
