Study Gittin folio 35B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
ושמנום בחמשה מנה; לכשתבא לידכם הגבוה את השאר״. אמר רב אשי: ההוא, גט יבמין הוה.
And we appraised them, and found that their value is 500 dinars. When she comes to you with this document, collect the rest of the payment for her from her husband’s property in Babylonia. This demonstrates that it is also sufficient for a divorcée to take a vow. Rav Ashi said: That bill of divorce was a levirate bill of divorce that she received from the brother of her deceased husband and not a standard bill of divorce. She therefore took a vow, and not an oath, in the manner of all widows, as she was demanding payment of her marriage contract from the property of her deceased husband.
התקין רבן גמליאל הזקן שתהא נודרת כו׳: אמר רב הונא, לא שנו אלא בשלא ניסת, אבל ניסת – אין מדירין אותה.
§ The Mishnah taught: Rabban Gamliel the Elder instituted that she should take, for the benefit of the orphans, any vow that the orphans wished to administer to her. Rav Huna says: They taught this halakha only in a case where she did not marry again; however, if she married again, they do not administer a vow to her.
ניסת מאי טעמא – דמיפר לה בעל; כי לא ניסת נמי, לכי מנסבא מיפר לה בעל! אין הבעל מיפר בקודמין.
The Talmud raises a difficulty: What is the reason that a widow who married again may not take a vow in order to collect? It is because of a concern that perhaps she is lying and is not concerned about the vow that she took, as she relies on the fact that her husband will nullify her vow. If so, when she is not married one should also be concerned that she may rely on the fact that when she will marry again, her husband will nullify her vow. The Talmud answers: The halakha is that the husband does not have the ability to nullify with regard to vows his wife took prior to their marriage.