Gittin 35: The Vows of Widows and Divorcees

The rabbis are concerned that widows and divorcees may request their ketubot after having benefitted  already from part of that source of sustenance.  They are also concerned that these women might make oaths that are either false or unintentionally false, leaving themselves open to significant punishment at G-d's hand.

A story is told of a woman who was holding a dinar in a jar of flour for a man in a time of need.  She baked the dinar into a cake and gave the cake to a poor man.  When asked for the dinar back, the woman said she did not have it.  In fact she made an oath - take one of my children from me if I derived any benefit from your dinar.  A few days later, one of her children died.  Does this suggest that one who takes an oath is punished - even if she is telling the truth?  Some of the rabbis decide that widows should never take oaths for just this reason.  Others believe that they can take vows, but oaths must be taken in public settings.  Still others say that both divorcees and widows can take oaths; widows are different in that they often are caring for orphans and thus "nothing" is for their benefit but for the benefit of their children.

The rabbis discuss rulings that differ in Sura and in Neharde'a regarding what can be done in and outside of the court room itself.  They also consider when and whether a widow should collect payment for her ketubah, and whether or not she is permitted to protest for her inheritance if she is already receiving sustenance from her dead husband's estate.

The rabbis tell the story of a woman who vowed that she would deny herself any produce in the world  if it was not true that all she received from her ketubah was a coat and three books, all of which were worn.  Those items were assessed and found to be worth 500 dinars and it was ruled that the remainder of her ketubah was hers to take from her husband's property.  But is this a case that we can learn from?  She was a yevama, married and divorced from her husband's brother after her husband died childless.

It was ruled that she could receive the money as long as she did not remarry.  But why would the vows of women who remarry be problematic?  Because their new husbands could nullify their wives' vows. But the rabbis rule that new husbands cannot nullify their wives' previously made vows, even if those vows come into effect in the time of the new marriage.

We end this daf with the beginning of a new conversation.  If a priest marries a woman who transgresses a prohibition, he is not permitted to take part in Temple services.  To return to that status, the priest must vow that he will divorce his wife, and then serve in the Temple, and then immediately divorce his wife.