Ketubot 72: Vows, Blemishes and Competing Rights

A husband is required to divorce his wife and give her what has been contracted in her ketubah if he makes certain vows:

• she must repeat things that were said during times of sexual intimacy
• she must fill herself up and pour herself out - referring to turning over after intercourse to avoid pregnancy
• she must fill jugs of water and then dump them into the garbage
• she must not lend or borrow utensils, ovens, mills, etc. to/from neighbours

The rabbis share the reasons behind these harsh measures.  First and foremost, her image in the community might be tarnished when she behaves in these ways under his guidance.

A new Mishna teaches that other vows require divorce without payment of the ketubah.  These include vows that cross the precepts of Moses and vows that cross the precepts of Jewish women.  The precepts of Moses, the rabbis tell us, refer to all that is written in the Torah.  The precepts of Jewish women refer to customs.  One must imagine that these customs were seen as powerful tools to hold communities together.

The precepts of Moses that are grounds for divorce without payment if crossed include:

• feeding her husband food which has not been tithed
• having intercourse with her husband while considered a menstruating woman
• not separating challah for the priests when baking bread

The precepts of Jewish women that are grounds for divorce without payment if crossed include:

• going out in public with her head uncovered
• spinning wool in the marketplace
• speaking with every man she meets
• speaking disrespectfully of her inlaws in the presence of her husband (Abba Shaul)
• speaking loudly enough that neighbours can hear her from inside the home (Rabbi Tarfon)

The Gemara walks us through the reasoning that our Sages attribute to each of these events.  The rabbis argue that the first precept of Jewish women is not minhag, custom, but Torah law.  In numbers 5:18, we are told that a man accusing his wife of infidelity "shall uncover the head of the woman".  Rabbi Yishmael uses this to explain that Jewish women who are married do not go out with their heads uncovered.  The rabbis discuss what covering is required - is a basket that is worn on the head (to carry) enough?  Can hair show through the woven fabric or reeds?  In a note, we learn that women must fully cover their heads in public, partially cover their heads in courtyards and alleyways, and not cover at all in one's home.  But, of course, pious women cover their hair completely, in all places.

Women who spin wool in public might show their arms.  They might hold red wool close to their faces, or their "lower faces", drawing attention to their beauty, as this is licentious behaviour.  Women who speak with every man in fact are flirting with young men.  Women who curse their inlaws should not even do so in front of her children, for grandchildren can hold the same status as children (Genesis 48:5).   And loud women - well, they might be loud during intercourse, they might be loud as they demand intercourse, they might be loud as they fight about intercourse, and they might be in pain during intercourse.  If a woman is in that much pain with intercourse, she is considered to have an illness.  This illness is now classified as a 'blemish', which is grounds for divorce.

A new Mishna ends today's daf.  It teaches that if one is betrothed on the condition that his wife has no outstanding vows and vows exist, they were never betrothed.  If one is betrothed on the condition that his wife has no blemishes but blemishes exist, they were never betrothed.  However, if there were no stipulations about vows or blemishes but vows or blemishes are evident following marriage, they are divorced without payment of the ketubah.  What is a blemish?  Anything that disqualifies a priest from his duties.

Masechet Kiddushin is mentioned here, as the same halachot are discussed in that masechet.  The rabbis clarify which vows are considered so heinous: afflicting herself so that she does not eat meat, or drink wine, or adorn herself with bright colours.  Once a man has had intercourse with his wife, however, she requires a divorce - this is no longer a betrothal that can simply disappear. The rabbis seem to be balancing the rights of women to make vows and have blemishes, men to marry women according to the contracts that were agreed to, and the community to set standards regarding normalcy when it comes to vows and blemishes.

Today's daf demonstrates that the rabbis saw marriage as more than a simple transaction of acquisition.