Nedarim 88: On Context

Our daf begins with Rava teaching us about the importance of context.  Using the example of a person brought into a forest and a person striking another person, Rabbi Yehuda and Rabbi Meir argue about whether or not a blind person can be held fully responsible for the accidental death of another person and thus be subject to karet. 

A new Mishna teaches us that if a father vows that his son-in-law should not benefit from him, he must be careful in how he gifts monetary gifts to his daughter.  He must say to her, “This money is hereby given to you as a gift, provided that your husband has no rights to it; only what you pick and place in your mouth”. A physical action?  A food in particular?

The rabbis speak about their interpretations of “what you pick up and place in your mouth”.  Without saying “do as you please” with that gift, the gift automatically reverts back to her husband, for a wife’s monetary gifts belong to her husband.   

Rabbi Meir states that “the had of a woman is like the hand of her husband”.  Like a slave, a woman has no right to acquisition.   A ruling from Masechet Eiruvin 73 is used to better understand when a husband’s rights are transferred to others.  To merge courtyards with an alleyway (to facilitate carrying on Shabbat in a shared domain), he can designate possession of a barrel of eighteen meals of food to his wife, adult daughter or son, slave, or maidservant.  This creates a kosher eiruv, though the husband himself did not take the required action. 

Rav Zeira argues: is not the wife still within the domain of her husband in this case?  Rava points out that Rabbi Meir would agree in this case that a woman’s hand is like the hand of her husband for her intention is to acaquire the eiruv for others from her husband’s hand.  The purpose of her action carries power in this situation.

Countering Rav Zeira’s list of designates, Ravina argues that a wife cannot in fact acquire an eiruv on behalf of others.  Nor can  a minor son or duagher, or a Canaanite slave or maidservant. 

Rav Ashi brings us back to the notion of context.  In the Mishna at hand, the rabbis are discussing a courtyard that belongs to a woman!  Thus she is the person acquiring the eiruv for others.

I loved today’s daf – it began and ended with a conversation about the importance of context.  Our rabbis often quote out of context when that suits a larger argument.  To remind themselves about context is a lovely reminder to all of us – we should be checking and rechecking and rechecking whenever we believe that we know what someone else has said.