Ketubot 70: Vows and Wives

Although we follow the instructions of those who have died or who are on their deathbeds, there are situations that call for 'overruling' that dying wish.  The rabbis note that children's needs should be addressed, even if their fathers have said that their children should be given "only one shekel" each week.

The rabbis then discuss halacha regarding children and financial decisions.  We learn that under the age of six, children are considered incompetent to understand the ramifications of their financial decisions and thus none can be made.  Between the ages of six and ten, children's financial knowledge should be assessed.  If they are deemed competent, they can participate in decision-making.  Over the age of ten they are considered financially competent, and at age thirteen they are legally responsible for their own financial decisions.  When we refer to children, these are of course boys.  We have learned that "any action of a minor girl is nothing" regarding legal decisions (Rabbi Meir).

We begin Perek VII and a new Mishna.  The rabbis set parameters around vows that husbands might take regarding their wives.  If a husband vows that his wife will not benefit from him, or that she will not eat a certain type of produce, for example, the rabbis put a time limit on these vows.  After that time has passed, the rabbis force the couple to divorce.  Further, the husband is to ensure that his wife's needs are met; if she cannot support herself using only her earnings during the duration of his vow, he must assign someone else to care for her.

The Gemara explores how a husband is able to vow that his wife will not benefit from him when it is agreed in their ketubah that she will benefit from him.  It wonders how vows might be treated differently if they were made while the couple was betrothed, or if the vow took effect once the couple was married.  They consider small (more luxurious items) and large (basic requirements) needs that a woman might have.  

Making a vow that involves the actions of another person is a bizarre concept.  The only way that this can work was in an ancient marriage, where the husband in fact owns the members of his immediate family.  The rabbis bump up against this challenge throughout today's daf.  At the end of the daf, they look to different situations with vows - neighbours, communities.  The rabbis are aware that vows might be used inappropriately.  One note teaches us that the rabbis were not encouraging of people taking vows at all.