Nedarim 4: Avowals

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The Beraisa earlier (3a) cites the verse, "Ish... Ki Yafli li'Ndor Neder, Nazir l'Hazir la'Shem..." (Bamidbar 6:2). 

This verse provides a Hekesh between Nedarim and Nezirus and teaches that certain laws of Nedarim are learned from Nezirus, and certain laws of Nezirus are learned from Nedarim. Among the laws of Nezirus learned from Nedarim is the law that a father may annul his daughter's oath of Nezirus, and the law that a husband may annul his wife's oath of Nezirus, just as a father or husband may annul his daughter's or wife's Nedarim.

We explore the nature of vows especially those around sacrifices, as well as midrashic interpretations of Jephtha’s vow.

Nedarim 3: לֹ֥א תְאַחֵ֖ר

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We have already learned that the most basic requirements of nedarim – or becoming obligated by making a vow – are for a person to have clear intent, that he express it in a clear manner.

Nevertheless, as the first Mishna makes clear, there is not set formula for taking on a neder, and substitutes – referred to by the Mishna as kinuyei nedarim – or abbreviated formulations – referred to by the Gemara as yadot nedarim – will also create a full obligation.

The Gemara explains that the Isur of Bal Te'acher applies to Nezirus in the case of a person who says, "I will not leave the world before I become a Nazir."

Why is that a case of Bal Te'acher of Nezirus? The person did not yet become a Nazir; he only promised to make himself a Nazir at a later time, and his obligation to make himself a Nazir is because his statement was a Shevu'ah or a Neder Mitzvah.

The Nezirus itself, however, does not obligate him to become a Nazir. Why, then, is this a case of Bal Te'acher of Nezirus? It is merely a case of Bal Te'acher of Neder!

We continue our exploration of vows with parallel texts in the Yerushalmi as well as Prof Shaul Lieberman’s chapter on oaths and vows in his classic "Greek in Jewish Palestine.”

Nedarim 2: Introduction

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The first Mishna in the massekhet teaches that a person does not need to use a specific formula to make a neder – a vow – but that kinuyim, which are substitutes for the formal language of a vow, will also be effective. This is true in other cases where a person makes a statement that has significance according to the halakha, like taking a shevua – an oath – or accepting the status of a nazir upon oneself.

We review the first daf of Nedarim and Moshe Benowitz’s informative review of post biblical vows...

Ketubot 112: Milk and Honey

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Massekhet Ketubot closes with discussions about the wonders of the Land of Israel and how much the Sages loved the land.

We end the masechta with further exploration of the notion of the land of "Milk and Honey”

ending with an analysis of Chabad and modern academic anti-zionism.

Ketubot 111: Three Oaths

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Based on passages in Shir HaShirim (2:7, 3:5, 8:4), Rabbi Yosei bar Hanina understands that there are three oaths that bind the Jewish people in their relationship with the non-Jewish world:

1. That the Jews should not return to the Land of Israel be-homah – “like a wall”;

2. That the Jews should not rebel against the nations of the world;

3. That the nations of the world should not oppress the Jewish people overmuch.

Rashi interprets the first oath to mean that the Jewish people should not return to Israel by force, all together (in fact, some manuscripts have ka-homah, which would indicate “all together”). The Maharsha argues that it refers to the actual building of a wall – which would indicate a rebellion against the ruling nation. Such building could not be done without the permission of the nations that ruled over the land, as took place with the return of Ezra and Nehemia at the beginning of the Second Temple era.

We continue our exploration of the prohibition to return to Eretz Yisrael according to various poskim as well as a review by Gil Student.

Ketubot 110: הַכֹּל מַעֲלִין

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Our Mishnah states: All may force their family to ascend to Eretz Yisrael, i.e., one may compel his family and household to immigrate to Eretz Yisrael, but all may not remove others from Eretz Yisrael, as one may not coerce one’s family to leave. Likewise, all may force their family to ascend to Jerusalem, and all may not, i.e., no one may, remove them from Jerusalem.

Poskim dispute whether there is a mitzvah to live in Eretz Yisroel nowadays. According to some it is a Biblical mitzvah whereas according to others it is only a Rabbinic obligation. 

A third position  is that all opinions agree that one is not obligated to move to Eretz Yisroel, rather it is an optional mitzvah  and the dispute revolves around what mitzvah is fulfilled in the event that one moves to Eretz Yisroel. 

We explore the latter day mitzvah of Yishuv Eretz Yisreol from many perspectives including the Netziv, Reb Zadok, Rav Kook and The Satmar Rov.

Ketubot 109: וְחָנָן בֶּן אֲבִישָׁלוֹם אַדְמוֹן and Easements

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Another law from Judge Admon:

With regard to one who went overseas and in the meantime the path leading to his field was lost,

e.g., the path he used to reach his land was taken over by the owner of the field through which it passed, so that its exact position is now unknown,

Admon says: Let him go to his field by the shortest possible route.

We explore the history of easements with regards cemeteries and holy sites, and in light of conservation efforts.

Ketubot 108: בִּשְׁבִיל שֶׁאֲנִי זָכָר הִפְסַדְתִּי

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The Judge Admon states a dissenting opinion to that of the Rabbis in seven cases.

The mishna elaborates: With regard to one who died and left behind both sons and daughters, when the estate is large the sons inherit the property, and the daughters are provided with sustenance from it.

The son objects "Because I am a male will I lose out?!!!”

the Gemara asks: What is he saying? What is the significance of the fact that one is male?

Abaye said that this is what he is saying: Because I am a male and, unlike women, I am fit to engage in Torah study, should I lose out?

We explore the religious perspective of the role of judges in Talmudic law (Prof Yuval Sina) and the sugya of inheritance (with the help of Prof Judith Hauptman)

ending with a delicious look at some old ketubot housed in the national Library in Jerusalem.

Ketubot 107: מָאנֵי דְקוּנְיָא

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On our daf, the Gemara suggests we follow the ruling of Rav Zevid with regard to kunya – glazed pottery.

He ruled that glazed vessels are permitted, i.e. they are not absorbent and are thus permitted for use, even if non-kosher food was stored in them, if they are white or black, but are forbidden if they are green.

We review the history of glazing and modern techniques used in the window industry.

Ketubot 106: מַגִּיהֵי סְפָרִים

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Our daf records how Torah scholars who teach the halakhot of the removal of a handful to the priests would take their wages from the collection of the chamber. All these scholars were constantly engaged in work necessary for the functioning of the Temple, and therefore they would receive their wages from the Temple treasury.

Rabba bar bar Ḥana said that Rabbi Yoḥanan said: The proofreader of the Torah scrolls in Jerusalem would take their wages from the collection of the chamber.

Who were these “proofreaders” and what texts did they preserve?

We examine the transmission of the masoretic text from traditional and scholarly perspectives.

Ketubot 105: Shuda De-Dayyane

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Chapter thirteen of Ketuboth is organized differently from the other chapters of Ketuboth, or for that matter, differently from most of the Mishnah. Instead of being organized topically, it is organized mostly according to the slayings of two judges who lived in Jerusalem during the Second Temple period: Admon and Hanan ben Avishalom.

There are a number of restrictions placed on judges - should their judgments be valid:

• they cannot borrow from anyone whom they will judge

• they cannot lend to anyone whom they will judge

• they cannot judge those whom they love

• they cannot judge those whom they hate

One of the cases involves a man who brings a basket of fish to Rav Anan. Upon learning that the man is requesting him to reside over a court case, Rav Anan refuses the basket and says that he is disqualified from residing over the man's case.

We explore judicial bribery as well as shura deyyane in Israeli law and the famous US Massey case…

Ketubot 104: Rebbe's Maidservant

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We learn more about the death of Rabbi Yehuda HaNasi. It seems that no-one was permitted to say that he was to die lest he be stabbed with a sword, though HaNasi was suffering terribly, putting on and taking off his tefillin multiple times while going back and forth from the bed to the bathroom and back. The rabbis refused to stop begging G-d for Rabbi Yehuda HaNasi's recovery.

His maidservant, however, known to be a wise, pious and witty, went to the roof and prayed for G-d to help the upper world impose its will on the lower will. She then broke a jug. The crash startled the rabbis into silence for a moment, at which time the Rabbi died.

We explore the halachic ramifications of suffering and dying as well as recent approaches to physician aid in the dying process.

Ketubot 103: Rebbe's Will

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Our Mishna teaches that when a man dies, his children cannot insist that his widow move out of his house, even with a promise to support her. In fact, if she wants to remain, the orphans are obligated to give her a place in the house according to her needs (some say that she has full access to the house, as she did while her late husband was alive) and support her there.

In this context, our Gemara tells of various commands that Rabbi Yehuda HaNasi gave while on his deathbed. To his children his instructions were: “Take great care with regard to your mother’s honor, keep my candle burning and my table set, each in its proper place, and my servants, Josef Heifani and Shimon Efrati should serve me in my death as they did during my lifetime.”

We explore the medical causes of the patriarch’s death with modern medical speculation as well as various possible directives we might extrapolate from his last will.  

Ketubot 102: Blood Libel

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A story is told without much detail of a minor boy who was killed by the heirs he lived with on the eve of Pesach.    

 Another version of the story occurs on erev Rosh HaShana.  In both cases, the story demonstrates the heirs' lack of concern for their impurity and sin even before Pesach which requires purity and Rosh Hashana which will involve judgement.  

The story was likely moved to Rosh Hashana to avoid the effect of the anti-semitic blood libel lies.

We explore the history of blood libels down to the use by Russians  (Beilis case) and Der Sturmer (Nazis).

Ketubot 101: Adoptees

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A new Mishna describes ancient child support.

If a woman remarries, her new husband should agree to support the woman's previously conceived/grown daughter for five years.

This does not cancel out the support provided by a previous husband; the ex-husband provides monetary support, and the current husband provides sustenance (food, etc.).

The husbands do not team up to provide less to the daughter. If the daughter is married, she is sustained by her new husband, but her father and step-father provide monetary support.

We explore adoption in antiquity as well as in halacha, with a review of its practice in the US and in modern Israeli law.

Ketubot 100: Orphans

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In our MISHNA we learn : An orphan girl who was married off by her mother or brother before reaching the age of majority may refuse to continue living with her husband upon reaching the age of majority, thereby retroactively annulling their marriage.

We discuss who may not claim her ketuba. We learn that a minor married off by her mother or siblings who then refuses her husband is not entitled to her ketuba. As well, a woman in a secondary forbidden relationship and an aylonit are both not entitled to their ketubot.

However, the Mishna goes on to state that women in a number of different categories are indeed entitled to their ketubot.

We explore the plight of the orphan in talmud and antiquity.

Ketubot 99: Beis Din Errors

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Steinsaltz (OBM) writes:

The Jewish court has the ability to sell properties owned by an estate in order to pay debts owed by the individual who passed away. 

This includes outstanding loans, payment of the ketuba, etc.

 Generally speaking this was done by means of an announcement that the court has properties for sale – effectively a public auction – which would invite people to come and view the properties, establishing their value.

The Mishna continues and teaches that if an announcement of the auction was made, then even a wide discrepancy would not cancel the deal – property worth 100 can be sold for 200 or property worth 200 can be sold for 100. 

According to the Ramban, the Mishna mentioned these specific numbers because even in the case of an auction there are limits to the error that is acceptable, and a larger discrepancy would cancel the sale.

We explore the the methods of collecting debts by law courts as well as review of when beis Din errs and when Beis Din and secular courts face off in arbitration.

Ketubot 98: Fraudulent Conveyance

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A new Mishna teaches that the sale of property by a widow is considered void if that sale is founded on an inaccurate assessment. Even one dinar difference is is too much of a difference to allow the sale to be considered valid. If a woman sells the property in pieces, those sales can hold as long as she does not err in assessment of property value. If one of those transactions is off, only that particular sale is voided.

We explore the history of fraud as well as the church/state legal issues with recent fraud in the kashrut industry.

Ketubot 97: מִשּׁוּם חִינָּא

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Rabbi Shimon says: A widow from marriage sells when not in court, but a widow from betrothal may sell only in court, because she does not receive sustenance from her husband’s property. She receives only her marriage contract, and anyone who does not receive sustenance may sell only in court.

The Gemara elaborates: Granted, a widow from marriage may sell when not in court due to the fact that her sustenance is a pressing concern, so one does not make her wait until she finds a court that will oversee her sale.    

However, what is the reason that a widow from betrothal may sell property when not in court? Ulla said: Due to desirability. The Sages enacted several ordinances on behalf of women, so that men will want to marry them. Rabbi Yoḥanan said: Because a man does not want his wife to be disgraced by being involved in court proceedings.

We explore the notion of Chein….chinah….and what esthetics the Gemara seems to be applying…with a specific example of Sarah Imeinu….and the dazzling piece by the Noam Elimelech on the Rashi to Gen 23:1

Ketubot 96: כׇּל הַמּוֹנֵעַ תַּלְמִידוֹ מִלְּשַׁמְּשׁוֹ

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Rabbi Yehoshua ben Levi said: All tasks that a Canaanite slave performs for his master, a student performs for his teacher, except for untying his shoe, a demeaning act that was typically performed by slaves and would not be appropriate for a student to do.

Rava said: We said this only if the teacher and the student are in a place where people are not familiar with the student, and he could be mistaken for a slave. However, in a place where people are familiar with the student, we have no problem with it as everyone knows that he is not a slave. Rav Ashi said: And in a place where people are not familiar with the student, we said this halakha only if he is not donning phylacteries, but if he is donning phylacteries, we have no problem with it.

We explore current notions of “shimush talmidei chachamim”

Including anecdotes regarding Rav Aron Kotler, Rav Shlomo Freifeld and Reb Chaim Shmuelevitz…..