Tuesday, April 2, 2019
Pay For Her
The Sofra has a derash on the possuk זאת תורת היולדת
(יב:ז) that a man is obligated to bring the korban of his wife
even if she is poor. The Gemorah in a
few places brings this principle from Rabbi Yehuda and in Babba Metzia 104a the
Gemorah explains his reason is because the husband accepts this obligation upon
himself in the ketubah. From the
Gemorah one would get the impression that it is an obligation like any monetary
obligation that one accepts upon himself. However, if that is the case why does the Sofra
need a derasha? What is even
more puzzling is that the Sofra concluded with Rabbi Yehuda explaining
the obligation is because of the husband’s acceptance of the din (cited
in Nedarim 35b,) so why need a derasha? See the Ritva and Shitta in Babba
Metzia as to what the husband’s acceptance of the obligation adds. However, why do we need the possuk? The Achronim say that is it was just an
obligation because of the התחייבות
of the husband then the woman would be considered the owner of the korban and
the husband merely donated his animal to her.
The possuk teaches us that the husband is considered the owner of
the korban as well (he would be obligated to stay overnight, he could
make a temurah etc.) This would
be the point of debate between the Shagas Aryeh #66 and Harav Shaul
cited in the Kuntras Acharon if a husband can be obligated in בעל תאחר
for the korbanot that his wife is obligated in. [See Toras Hakodesh #55, Toras
Negaim #162.]
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