Gittin 35b
גיטין ל״ה ע״ב
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Topic
The widow's נדר for collecting her כתובה: רב הונא and רב נחמן on a remarried widow, and whether a vow must be spelled out to a חכם
Overview
The amud opens at the end of a proof from a court letter. In that letter, a woman collected her כתובה by taking a נדר, and the proof was that a divorcée can do this too. רב אשי pushes the proof away: she got her גט from her יבם, so she collected from a dead husband's estate, like any widow. The גמרא then returns to רבן גמליאל הזקן's enactment that a widow takes a נדר for the יתומים. רב הונא limits it to a widow who has not remarried. He explains that a husband cannot cancel vows made before the marriage, and a חכם will not release this נדר, because the vow must be spelled out to him. רב נחמן disagrees and says even a remarried widow vows, because the court has her vow in public, and a public vow cannot be cancelled. Two ברייתות are brought against רב הונא, and the גמרא ends up saying the two sides follow a dispute between תנאים about public vows. Finally, רב נחמן and רב פפא argue about whether a person must spell out his vow to a חכם. A challenge to רב נחמן from a כהן who vowed to leave forbidden wives is left for the next amud.
Opening lines
וְשַׁמְנוּם בַּחֲמִשָּׁה מָנֶה;
And we appraised them at five maneh;
לִכְשֶׁתָּבֹא לְיֶדְכֶם
when she comes to you
הַגְבּוּהָ אֶת הַשְּׁאָר״.
collect the rest for her."
אָמַר רַב אָשֵׁי:
Rav Ashi said:
The steps (19)
- ProofThe end of the court letter used as a proof
- Rejectionרב אשי says that woman had a divorce from her יבם
- Statementרב הונא limits the נדר to a widow who has not remarried
- ChallengeWhy not worry about a future husband too?
- ResolutionA husband cannot cancel vows made before the marriage
- ChallengeWhy not worry that a חכם will release her?
- ResolutionA person must spell out the נדר to the חכם
- Statementרב נחמן: even a remarried widow takes the vow
- ChallengeBut her new husband will cancel the vow
- ResolutionThe vow is taken in public
- ChallengeA ברייתא implies a remarried widow vows
- ResolutionShe vowed before remarrying
- ChallengeA clearer ברייתא: she vows after remarrying
- ResolutionA dispute between תנאים about public vows
- QuestionMust a person spell out the vow for התרה?
- Responseרב נחמן says no, רב פפא says yes
- StatementWhy רב נחמן says no details are needed
- StatementWhy רב פפא says details are needed
- ChallengeA challenge from the priest who married forbidden women