Tuesday, August 11, 2015

Women's vows in the Talmud

THIS WEEK'S DAF YOMI COLUMN BY ADAM KIRSCH IN TABLET: The Jewish Legal Basis for Male Dominion Over Vows by Women? It’s in the Bible. Bridging the abstract simplicity of divine pronouncements to the practical mess of everyday life.
This week’s Daf Yomi reading answered a question that I have been wondering about ever since we began reading Tractate Nedarim two months ago: Why is this tractate part of Seder Nashim, the division of the Talmud whose name means “women”? The reason was perfectly clear for the first two tractates in Nashim: Yevamot, which dealt primarily with levirate marriage, and Ketubot, which focused on marriage contracts. Both of those areas of law were directly concerned with the relationships between women and men. But the subject of Nedarim is vows—how to take them and how to dissolve them—and so far there has been nothing obviously gendered about this topic. The assumption governing the Talmudic debates has been that both men and women can and do take vows; so, why is Nedarim part of this section of the Talmud?

Chapter 10 of the tractate, which Daf Yomi readers explored this week, suggests the connection between vow-taking and marriage. It is not, as we might expect, that marriage itself is a vow. Though we speak of “wedding vows” in English, under Jewish law it is clear that marriage is not a vow or oath, but a contract between two parties. Rather, the key point is that husbands have the legal power to annul vows made by their wives. ...

Earlier Daf Yomi columns are noted here and links.