## Ketubot Daf 74b

###### Ketubot 74b:1
[Ketubot 74b:1](https://torahapp.org/share/book/Ketubot/r/74b:1)

מְמָאֶנֶת וְהוֹלֶכֶת לָהּ.

**William Davidson Edition - English:**
**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.


###### Ketubot 74b:2
[Ketubot 74b:2](https://torahapp.org/share/book/Ketubot/r/74b:2)

תָּנוּ רַבָּנַן: הָלְכָה אֵצֶל חָכָם וְהִתִּירָהּ — מְקוּדֶּשֶׁת. אֵצֶל רוֹפֵא וְרִיפֵּא אוֹתָהּ — אֵינָהּ מְקוּדֶּשֶׁת. מָה בֵּין חָכָם לְרוֹפֵא? חָכָם עוֹקֵר אֶת הַנֶּדֶר מֵעִיקָּרוֹ, וְרוֹפֵא אֵינוֹ מְרַפֵּא אֶלָּא מִכָּאן וּלְהַבָּא.

**William Davidson Edition - English:**
§ **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.


###### Ketubot 74b:3
[Ketubot 74b:3](https://torahapp.org/share/book/Ketubot/r/74b:3)

וְהָתַנְיָא: אֵצֶל חָכָם וְהִתִּירָהּ, אֵצֶל רוֹפֵא וְרִיפֵּא אוֹתָהּ — אֵינָהּ מְקוּדֶּשֶׁת! אָמַר רָבָא: לָא קַשְׁיָא, הָא — רַבִּי מֵאִיר, הָא — רַבִּי אֶלְעָזָר. הָא רַבִּי מֵאִיר, דְּאָמַר: אָדָם רוֹצֶה שֶׁתִּתְבַּזֶּה אִשְׁתּוֹ בְּבֵית דִּין. הָא רַבִּי אֶלְעָזָר, דְּאָמַר: אֵין אָדָם רוֹצֶה שֶׁתִּתְבַּזֶּה אִשְׁתּוֹ בְּבֵית דִּין.

**William Davidson Edition - English:**
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.


###### Ketubot 74b:4
[Ketubot 74b:4](https://torahapp.org/share/book/Ketubot/r/74b:4)

מַאי הִיא? דִּתְנַן: הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם נֶדֶר — לֹא יַחְזִיר. מִשּׁוּם שֵׁם רָע — לֹא יַחְזִיר.

**William Davidson Edition - English:**
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.


###### Ketubot 74b:5
[Ketubot 74b:5](https://torahapp.org/share/book/Ketubot/r/74b:5)

רַבִּי יְהוּדָה אוֹמֵר: כׇּל נֶדֶר שֶׁיָּדְעוּ בּוֹ רַבִּים — לֹא יַחֲזִיר. לֹא יָדְעוּ בּוֹ רַבִּים — יַחֲזִיר. רַבִּי מֵאִיר אוֹמֵר: כׇּל נֶדֶר שֶׁצָּרִיךְ חֲקִירַת חָכָם — לֹא יַחֲזִיר. וְשֶׁאֵינוֹ צָרִיךְ חֲקִירַת חָכָם — יַחֲזִיר.

**William Davidson Edition - English:**
**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.


###### Ketubot 74b:6
[Ketubot 74b:6](https://torahapp.org/share/book/Ketubot/r/74b:6)

רַבִּי אֶלְעָזָר אוֹמֵר: אֶחָד צָרִיךְ וְאֶחָד אֵינוֹ צָרִיךְ — לֹא יַחֲזִיר. אָמַר רַבִּי אֶלְעָזָר: לֹא אָסְרוּ צָרִיךְ אֶלָּא מִפְּנֵי שֶׁאֵינוֹ צָרִיךְ. מַאי טַעְמָא דְּרַבִּי יְהוּדָה? דִּכְתִיב:

**William Davidson Edition - English:**
**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:**