Ketubot 74bכתובות ע״ד ב
The William Davidson Talmudתלמוד מהדורת ויליאם דוידסון
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74bע״ד ב

ממאנת והולכת לה

she may refuse her husband and go on her way. According to this opinion, the marriage did not take effect at all, despite the fact that they engaged in sexual intercourse, because the betrothal involved an error.

תנו רבנן הלכה אצל חכם והתירה מקודשת אצל רופא וריפא אותה אינה מקודשת מה בין חכם לרופא חכם עוקר את הנדר מעיקרו ורופא אינו מרפא אלא מכאן ולהבא

§ The Sages taught: If a man betroths a woman on condition that there are no vows incumbent upon her to fulfill, but there are vows incumbent upon her, and she goes to a halakhic authority and he dissolves her vows, she is betrothed. However, if he betroths her on condition that she has no blemishes, but she does have blemishes, and she goes to a doctor and he heals her blemishes, she is not betrothed. The Gemara inquires: What is the difference between a halakhic authority and a doctor? The Gemara explains: When a halakhic authority dissolves a vow, he uproots the vow retroactively. It is as if she had never vowed at all, and therefore she was in fact not bound by vows at the time of their betrothal. But a doctor only heals from here onward. Since she had blemishes at the time of betrothal, she is in breach of his condition.

והתניא אצל חכם והתירה אצל רופא וריפא אותה אינה מקודשת אמר רבא לא קשיא הא רבי מאיר הא רבי אלעזר הא ר"מ דאמר אדם רוצה שתתבזה אשתו בבית דין הא ר"א דאמר אין אדם רוצה שתתבזה אשתו בב"ד

The Gemara raises a difficulty: But isn’t it taught in a different baraita that if she goes to a halakhic authority and he dissolves her vows, or to a doctor and he heals her blemishes, she is not betrothed? Rava said: This is not difficult, for this baraita follows the opinion of Rabbi Meir, and that one follows Rabbi Elazar. The Gemara elaborates: This baraita, which states that if her vows were dissolved by a halakhic authority she is betrothed, is in accordance with Rabbi Meir, who said that a man is willing for his wife to be degraded by going to court to have her vow dissolved. That baraita follows the opinion of Rabbi Elazar, who said that a man is not willing for his wife to be degraded in court. Consequently, even if she went to a halakhic authority and he dissolved her vows, such a solution is unacceptable to her husband, as he did not want her to go to court. Therefore, the betrothal is invalid even after the dissolution of the vow.

מאי היא דתנן המוציא את אשתו משום נדר לא יחזיר משום שם רע לא יחזיר

The Gemara poses a question: What is this fundamental dispute between Rabbi Meir and Rabbi Elazar? The Gemara answers: As we learned in a mishna (Gittin 45b): If a man who divorces his wife due to a vow that she took subsequently regrets his decision and wants to take her back, he may not remarry her. Similarly, if he divorces her due to a bad reputation she has acquired, he may not remarry her. This is because if he were allowed to take her back if the vow is dissolved by a halakhic authority or after discovering that the rumors about her were false, he might say that had he known this he never would have divorced her. Such a statement would retroactively cast doubt on the validity of the bill of divorce and could potentially cause her children from a second marriage to have the status of mamzerim. He is therefore informed that if he divorces her due to a vow or a bad reputation he can never remarry her.

רבי יהודה אומר כל נדר שידעו בו רבים לא יחזיר לא ידעו בו רבים יחזיר רבי מאיר אומר כל נדר שצריך חקירת חכם לא יחזיר ושאינו צריך חקירת חכם יחזיר

Rabbi Yehuda says: With regard to any vow that is known by many people and therefore cannot be nullified, he may not remarry her. If it is not known by many people, but rather is a private matter between them, he may remarry her. Rabbi Meir says: Any vow that requires investigation by a halakhic authority, that is, the husband cannot nullify it himself and she needs a halakhic authority to analyze the vow carefully to find an opening that will permit its dissolution, he may not remarry her, for he can claim that had he known the vow could be dissolved he would never have divorced her, thereby undermining the bill of divorce. And with regard to a vow that does not require the investigation by a halakhic authority, which he knows he can nullify himself, he may remarry her. There is no concern that he might impair the bill of divorce, as he knew he could dissolve the vow and yet he chose to divorce her regardless.

(רבי אלעזר אומר אחד צריך ואחד אינו צריך לא יחזיר) אמר רבי אלעזר לא אסרו צריך אלא מפני שאינו צריך מאי טעמא דרבי יהודה דכתיב

Rabbi Elazar says: Both in the case of a vow that requires investigation by a halakhic authority and one that does not require it, he may not remarry her. Rabbi Elazar said in explanation of his view: They prohibited remarrying a woman who was bound by a vow that requires investigation by a halakhic authority only due to a vow that does not require such investigation. The Gemara explains the respective opinions: What is the reason for Rabbi Yehuda’s statement? As it is written: