Wednesday, September 21, 2022

Grounds for divorce part two TB Ketubot 77

Up to now the Gemara has been discussing grounds for divorce for men. Today’s daf TB Ketubot 77 finally discusses grounds for divorce for women. You have to remember in classical Judaism only the husband has the ability to divorce his wife. Rabban Shimon ben Gamliel defined the type of major blemishes a woman could demand the court force her husband to divorce her. “. The Gemara inquires: And what are these major blemishes of a husband that Rabban Shimon ben Gamliel considers grounds for divorce? Rabban Shimon ben Gamliel explained: For example, if his eye was blinded, or his hand cut off, or his leg broken.” (Sefaria.org translation)

The last Mishna in our chapter with other defects in the husband that are grounds for divorce. “: And these are the defects for which the court forces him to divorce her: One afflicted with boils; or one who has a polyp; or one who works as a gatherer, or one who works as a melder of copper, or one who works as a tanner of hides, all of whose work involves handling foul-smelling materials. Whether he had these defects before they got married, or whether they developed after they got married, the court forces them to divorce. And with regard to all of these, Rabbi Meir said: Even though he stipulated with her ahead of time that he suffers from this particular ailment or this is his line of work, she can nevertheless demand a divorce and say: I thought I could accept this issue but now I realize I cannot accept it.” (Sefaria.org translation)

The Gemara inquires about several unclear terms which appear in the mishna: What is one who has a polyp? Rav Yehuda said that Shmuel said: This is one who has a foul odor of the nose. It was taught in a baraita: A polyp is a foul odor of the mouth. Rav Asi teaches the reverse, that Shmuel is the one who said a polyp is odor of the mouth. And he provided a mnemonic device for his opinion: Shmuel did not close his mouth from our entire chapter, meaning that he studied it and commented on it extensively. This statement was formulated in a way that contains a hint that Shmuel’s opinion involves the mouth.

The mishna taught, in the list of defects for which the husband is forced to divorce his wife: Or one who works as a gatherer. The Gemara asks: What is the meaning of a gatherer? Rav Yehuda said: This is referring to one who gathers dog excrement for use in tanning. (Later the Gemara will define a gatherer as a small scale tanner as opposed to a large scale tanner-gg)…

What is the meaning of a coppersmith? Rav Ashi said: A kettle smith, that is, one who beats copper in order to make kettles; his handling of copper leaves him with a bad odor. Rabba bar Ḥanna said: This is one who hews copper from its source in the ground. The Gemara comments: It is taught in a baraita in accordance with the opinion of Rabba bar Ḥanna: Who is a coppersmith? This is one who hews copper from its source….” (Sefaria.org translation)

Even these defects were disclosed before the marriage and the woman accepted them, they are still grounds for divorce. “Whether he had these defects before they got married, or whether they developed after they got married, the court forces them to divorce. And with regard to all of these, Rabbi Meir said: Even though he stipulated with her ahead of time that he suffers from this particular ailment or this is his line of work, she can nevertheless demand a divorce and say: I thought I could accept this issue but now I realize I cannot accept it.”  (Sefaria.com translation)

Tomorrow we begin the eighth chapter of our massekhet.

  

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