Ketubot 7

הַמַּדִּיר אֶת אִשְׁתּוֹ מִלֵּהָנוֹת לוֹ, עַד שְׁלֹשִׁים יוֹם, יַעֲמִיד פַּרְנָס. יָתֵר מִכֵּן, יוֹצִיא וְיִתֵּן כְּתֻבָּה. רַבִּי יְהוּדָה אוֹמֵר, בְּיִשְׂרָאֵל, חֹדֶשׁ אֶחָד יְקַיֵּם, וּשְׁנַיִם, יוֹצִיא וְיִתֵּן כְּתֻבָּה. וּבְכֹהֶנֶת, שְׁנַיִם יְקַיֵּם, וּשְׁלֹשָׁה, יוֹצִיא וְיִתֵּן כְּתֻבָּה:

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.]

הַמַּדִּיר אֶת אִשְׁתּוֹ שֶׁלֹּא תִטְעֹם אַחַד מִכָּל הַפֵּרוֹת, יוֹצִיא וְיִתֵּן כְּתֻבָּה. רַבִּי יְהוּדָה אוֹמֵר, בְּיִשְׂרָאֵל, יוֹם אֶחָד יְקַיֵּם, שְׁנַיִם, יוֹצִיא וְיִתֵּן כְּתֻבָּה. וּבְכֹהֶנֶת, שְׁנַיִם יְקַיֵּם, שְׁלֹשָׁה, יוֹצִיא וְיִתֵּן כְּתֻבָּה:

If one accepts his wife's vow not to eat a certain fruit, [as when she says: "I vow not to eat this fruit," and he upholds it], he sends her out and gives her her kethubah. R. Yehudah says: With an Israelite, he keeps her one day, and on the second he sends her out and gives her her kethubah. And with a Cohein, he keeps her two days, and on the third he sends her out and gives her her kethubah. [The halachah is not in accordance with R. Yehudah.]

הַמַּדִּיר אֶת אִשְׁתּוֹ שֶׁלֹּא תִתְקַשֵּׁט בְּאַחַד מִכָּל הַמִּינִין, יוֹצִיא וְיִתֵּן כְּתֻבָּה. רַבִּי יוֹסֵי אוֹמֵר, בַּעֲנִיּוֹת, שֶׁלֹּא נָתַן קִצְבָּה. וּבַעֲשִׁירוֹת, שְׁלֹשִׁים יוֹם:

If one accepted his wife's vow not to adorn herself with a certain adornment [as when she says: "I vow not to use this perfume," and he upholds it], he sends her out and he gives her her kethubah. R. Yossi says: With poor women, [it is] where he does not set a limit [as to how long it is forbidden her that he sends her out and gives her her kethubah; but if he sets a limit, she waits until that time. And how long is the limit? Twelve months.], and with wealthy women, thirty days. [For a wealthy woman savors the fragrance of her perfumes for thirty days, so that this one savors the fragrance of the perfumes which she applied thirty days before the vow. The halachah is in accordance with R. Yossi.]

הַמַּדִּיר אֶת אִשְׁתּוֹ שֶׁלֹּא תֵלֵךְ לְבֵית אָבִיהָ, בִּזְמַן שֶׁהוּא עִמָּהּ בָּעִיר, חֹדֶשׁ אֶחָד יְקַיֵּם. שְׁנַיִם, יוֹצִיא וְיִתֵּן כְּתֻבָּה. וּבִזְמַן שֶׁהוּא בְעִיר אַחֶרֶת, רֶגֶל אֶחָד יְקַיֵּם. שְׁלֹשָׁה, יוֹצִיא וְיִתֵּן כְּתֻבָּה:

If one accepted his wife's vow not to go to her father's house — When he (her father) is with her in the same city, he keeps her one month and on the second he sends her out and gives her her kethubah. And when he is in a different city, he keeps her for one festival, and on the third he send her out and gives her her kethubah. [The gemara explains this Mishnah as follows: "He keeps her for one festival": When is this so, with the wife of an Israelite; but with the wife of a Cohein, he keeps her for two festivals and on the third he sends her out. Our Mishnah is in accordance with R. Yehudah, who distinguishes between the wife of an Israelite and the wife of a Cohein. The halachah is not in accordance with him.]

הַמַּדִּיר אֶת אִשְׁתּוֹ שֶׁלֹּא תֵלֵךְ לְבֵית הָאֵבֶל אוֹ לְבֵית הַמִּשְׁתֶּה, יוֹצִיא וְיִתֵּן כְּתֻבָּה, מִפְּנֵי שֶׁנּוֹעֵל בְּפָנֶיהָ. וְאִם הָיָה טוֹעֵן מִשּׁוּם דָּבָר אַחֵר, רַשָּׁאי. אָמַר לָהּ, עַל מְנָת שֶׁתֹּאמְרִי לִפְלוֹנִי מַה שֶּׁאָמַרְתְּ לִי אוֹ מַה שֶּׁאָמַרְתִּי לָךְ, אוֹ שֶׁתְּהֵא מְמַלְּאָה וּמְעָרָה לָאַשְׁפָּה, יוֹצִיא וְיִתֵּן כְּתֻבָּה:

If one accepted his wife's vow not to go to the house of mourning or to the house of feasting, he sends her out and gives her her kethubah, for he locks before her [the door of joy and alleviation of sorrow; and, re the house of mourning, he locks before her (the "door of eulogy"), for on the morrow she may die, and none will eulogize her. And if he claimed (that he upheld the vow) because of "something else" [as when it were known that dissolute men were there], he is permitted (to uphold the vow). If he said to her: (I shall absolve you of your vow) only on condition that you say to that man [the demeaning things] that you said to me or that I said to you, or on condition that she fill up and pour it into the dung [Some say (the meaning is): After intercourse, when her womb is full of seed, she is to douche it, so that she not conceive. Others: She is to fill up ten pitchers of water and pour them into the dung (in which instance she seems deranged)], he sends her out and gives her her kethubah.

וְאֵלּוּ יוֹצְאוֹת שֶׁלֹּא בִכְתֻבָּה, הָעוֹבֶרֶת עַל דַּת מֹשֶׁה וִיהוּדִית. וְאֵיזוֹ הִיא דַּת מֹשֶׁה, מַאֲכִילָתוֹ שֶׁאֵינוֹ מְעֻשָּׂר, וּמְשַׁמַּשְׁתּוֹ נִדָּה, וְלֹא קוֹצָה לָהּ חַלָּה, וְנוֹדֶרֶת וְאֵינָהּ מְקַיֶּמֶת. וְאֵיזוֹהִי דַת יְהוּדִית, יוֹצְאָה וְרֹאשָׁהּ פָּרוּעַ, וְטוֹוָה בַשּׁוּק, וּמְדַבֶּרֶת עִם כָּל אָדָם. אַבָּא שָׁאוּל אוֹמֵר, אַף הַמְקַלֶּלֶת יוֹלְדָיו בְּפָנָיו. רַבִּי טַרְפוֹן אוֹמֵר, אַף הַקּוֹלָנִית. וְאֵיזוֹ הִיא קוֹלָנִית, לִכְשֶׁהִיא מְדַבֶּרֶת בְּתוֹךְ בֵּיתָהּ וּשְׁכֵנֶיהָ שׁוֹמְעִין קוֹלָהּ:

And these go out without a kethubah: One who transgresses the law of Moses and (the law of) a Jewish woman. Which is (transgression of) the law of Moses? If she fed him untithed produce [and it did not become known to him until after having eaten from it. As when she said to him: That man, a Cohein, tithed the pile for me, and he (the husband) subsequently went and asked, and found her to have lied.], and if she cohabited with him in her niddah state [as when she were known to be a niddah by her neighbors, who saw her in her niddah apparel, and who told her husband that she was clean], and if she did not take challah [as when she said to him: That man took challah from the dough for me, and he subsequently went and asked, and found her to have lied.], and if she vowed and did not keep her vows. And which is (transgression of) the law of the Jewish woman? If she went out with her hair uncovered, and wove in the marketplace [exposing her arms to men], and spoke with all men [i.e., the young men]. Abba Shaul says: Also, if she curses his progenitors before him [i.e., if she curses and blasphemes her husband's father in her husband's presence.] R. Tarfon says: Also, a "vocal" woman. Which is a vocal" woman? One who, when she speaks in her house, is overheard by her neighbors. [She solicits intercourse so loudly that she is overheard by her neighbors. All of the above require witnesses and fore-warning to cause them to lose their kethubah. They receive neither kethubah nor addition, and take only their intact worn possessions.]

הַמְקַדֵּשׁ אֶת הָאִשָּׁה עַל מְנָת שֶׁאֵין עָלֶיהָ נְדָרִים וְנִמְצְאוּ עָלֶיהָ נְדָרִים, אֵינָהּ מְקֻדֶּשֶׁת. כְּנָסָהּ סְתָם וְנִמְצְאוּ עָלֶיהָ נְדָרִים, תֵּצֵא שֶׁלֹּא בִכְתֻבָּה. עַל מְנָת שֶׁאֵין בָּהּ מוּמִין וְנִמְצְאוּ בָהּ מוּמִין, אֵינָהּ מְקֻדֶּשֶׁת. כְּנָסָהּ סְתָם וְנִמְצְאוּ בָהּ מוּמִין, תֵּצֵא שֶׁלֹּא בִכְתֻבָּה. כָּל הַמּוּמִין הַפּוֹסְלִין בַּכֹּהֲנִים, פּוֹסְלִין בַּנָּשִׁים:

If one betroths a woman on condition that she is not bound by any vows, and she is found to be bound by vows, she is not betrothed. [Which vows? That she not eat drink, or drink wine, or dress herself in colored garments. But with other vows, she is betrothed.] If he married her without specifying (anything about vows), and she was found to be bound by vows, she goes out without her kethubah. (If he betrothed her on condition that she have no blemishes, and she were found to have blemishes, she is not betrothed. If he married her without specifying (anything about blemishes), and she were found to have blemishes, she goes out without her kethubah. All the blemishes which render priests unfit (for the priestly service) render women unfit. [These (the priestly blemishes) are enumerated in Bechoroth, and, in addition, in women: (profuse) sweating, mouth-odor, offensive odor in another place in her body, a mole with hair, whether large or small, when it is near her face, as when it is under her head-cap, sometimes visible; sometimes not. For if it were in a constantly exposed spot, he saw it and accepted it! And if there were no hair in the mole, it is not considered a blemish unless it is as large as an issar. And (also considered a blemish) is a thick voice, different from that of other women, a scar like a burn-mark, produced by a dog-bite, breasts a hand-breadth larger than the norm, and breasts separated from each other by more than a hand-breadth. These are blemishes in women, though they are not blemishes in priests.]

הָיוּ בָהּ מוּמִין וְעוֹדָהּ בְּבֵית אָבִיהָ, הָאָב צָרִיךְ לְהָבִיא רְאָיָה שֶׁמִּשֶּׁנִּתְאָרְסָה נוֹלְדוּ בָהּ מוּמִין הַלָּלוּ וְנִסְתַּחֲפָה שָׂדֵהוּ. נִכְנְסָה לִרְשׁוּת הַבַּעַל, הַבַּעַל צָרִיךְ לְהָבִיא רְאָיָה שֶׁעַד שֶׁלֹּא נִתְאָרְסָה הָיוּ בָהּ מוּמִין אֵלּוּ וְהָיָה מִקָּחוֹ מֶקַּח טָעוּת, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, בַּמֶּה דְבָרִים אֲמוּרִים, בְּמוּמִין שֶׁבַּסֵּתֶר. אֲבָל בְּמוּמִין שֶׁבַּגָּלוּי, אֵינוֹ יָכוֹל לִטְעֹן. וְאִם יֵשׁ מֶרְחָץ בְּאוֹתָהּ הָעִיר, אַף מוּמִין שֶׁבַּסֵּתֶר אֵינוֹ יָכוֹל לִטְעֹן, מִפְּנֵי שֶׁהוּא בוֹדְקָהּ בִּקְרוֹבוֹתָיו:

If she had blemishes when she were still in her father's domain, her father must bring proof that these blemishes appeared after she had been betrothed and that "his (the husband's) field had been flooded." [If he (her father) came to claim her kethubah from betrothal from this man who refuses to take her (in marriage), he must bring proof that these blemishes appeared after she was betrothed. And even though a woman has a body-status (of non-blemished), since the blemishes were found in the father's domain, and it can be contended that they were there before betrothal, if he did not bring proof (to the contrary), the husband is believed.] Once she entered her husband's domain, [If he married her and now wishes to send her away without a kethubah because of her blemishes], the husband must bring proof that these blemishes were there before she was betrothed [for (otherwise), since these blemishes were found in his domain, we say: "They were found here; they originated here" i.e., they appeared after he married her and "his field was flooded."] These are the words of R. Meir. The sages say: When does this apply? With concealed blemishes, but with revealed blemishes, he can make no such claim [for he knew about them and he accepted them]. And if there were a bath-house in that city, he cannot make such a clam even for concealed blemishes, for she was inspected by his (female kin, and he accepted her as she was.)

הָאִישׁ שֶׁנּוֹלְדוּ בוֹ מוּמִין, אֵין כּוֹפִין אוֹתוֹ לְהוֹצִיא. אָמַר רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל, בַּמֶּה דְבָרִים אֲמוּרִים, בַּמּוּמִין הַקְּטַנִּים. אֲבָל בַּמּוּמִין הַגְּדוֹלִים, כּוֹפִין אוֹתוֹ לְהוֹצִיא:

If a man became blemished [after marriage], we do not compel him to send her out. R. Shimon b. Gamliel said: When is this so? With small blemishes. But with large blemishes [e.g., if his eye were blinded or his hand were amputated, or his foot broken], he is forced to send her out. [The halachah is not in accordance with R. Shimon b. Gamliel, and even with large blemishes we do not compel him to send her out.]

וְאֵלּוּ שֶׁכּוֹפִין אוֹתוֹ לְהוֹצִיא, מֻכֵּה שְׁחִין, וּבַעַל פּוֹלִיפּוֹס, וְהַמְקַמֵּץ, וְהַמְצָרֵף נְחֹשֶׁת, וְהַבֻּרְסִי, בֵּין שֶׁהָיוּ בָם עַד שֶׁלֹּא נִשְּׂאוּ וּבֵין מִשֶּׁנִּשְּׂאוּ נוֹלָדוּ. וְעַל כֻּלָּן אָמַר רַבִּי מֵאִיר, אַף עַל פִּי שֶׁהִתְנָה עִמָּהּ, יְכוֹלָהּ הִיא שֶׁתֹּאמַר, סְבוּרָה הָיִיתִי שֶׁאֲנִי יְכוֹלָהּ לְקַבֵּל, וְעַכְשָׁיו אֵינִי יְכוֹלָה לְקַבֵּל. וַחֲכָמִים אוֹמְרִים, מְקַבֶּלֶת הִיא עַל כָּרְחָהּ, חוּץ מִמֻּכֵּה שְׁחִין, מִפְּנֵי שֶׁמְּמִקָּתוֹ. מַעֲשֶׂה בְצִידוֹן בְּבֻרְסִי אֶחָד שֶׁמֵּת וְהָיָה לוֹ אָח בֻּרְסִי, אָמְרוּ חֲכָמִים, יְכוֹלָה הִיא שֶׁתֹּאמַר, לְאָחִיךָ הָיִיתִי יְכוֹלָה לְקַבֵּל, וּלְךָ אֵינִי יְכוֹלָה לְקַבֵּל:

And these are the men who are compelled to send out their wives: one afflicted with [leprous] boils or polypus [an offensive odor in the nose], a "collector" [one who collects dog dung], a copper miner, [the odor of the mined copper being offensive], and a tanner, whether the condition obtained before marriage or originated only after marriage. Of all of these, R. Meir said: Even though he made a condition with her (to accept these things), she can say: "I thought I would be able to tolerate it, but I cannot." And the sages say: She must accept it perforce, except for [leprous] boils, for they consume him, [as in (Zechariah 14:12): "hamek besaro" ("His flesh was consumed.") The halachah is in accordance with the sages.] It happened in Siddon that a tanner died. He had a brother who was (also) a tanner (and his wife fell before him for yibum.) The sages said: She can say: "I could tolerate it with your brother, but I cannot tolerate it with you."