Nedarim, Chapter 11, Mishnah 12 - the final mishnah of Maseches Nedarim. At first glance its subject has nothing to do with the theme of the tractate, but it is taught here because one of the cases it discusses involves a vow between a husband and his wife.
The mishnah opens: "Barishonah hayu omrim shalosh nashim yotzos venotlos kesubah" - originally the Sages established three cases in which a woman may demand a divorce and collect her kesubah on the strength of her claim alone. As we will see later in the mishnah, this ruling was eventually changed.
The three women and their claims:
"Ha'omeres temei'ah ani lach" - the wife of a kohen who claims that she was raped by another man. The halachah is that a woman who was raped is forbidden to her husband the kohen, since any relations with another man render her forbidden to him, and he may no longer live with her. They must therefore divorce, and since this happened while she was under his care, the Sages use the expression "nistachfah sadehu" - as though the husband's field had been flooded. This is a misfortune that befell him, and so the financial responsibility rests on him and he must pay the kesubah.
"Shamayim beini uveinach" - a delicate way of expressing a problem known only to the two of them: the husband is physically unable to have marital relations with her, and they cannot bring children into the world. She hints that only the One who dwells in Heaven knows about the problem between them. Others explain that the expression refers to distance: just as heaven is far from earth, so are they physically far from one another. With this claim she may demand a divorce and collect her kesubah.
"Netulah ani min haYehudim" - an expression meaning that she forbade herself by a vow from having marital relations with any Jew, including her husband. The assumption is that she made such a vow because the matter is physically very difficult for her, and she is therefore considered as one compelled - a woman who abstains against her will and has no choice. Accordingly, she may demand a divorce and collect her kesubah.
Originally, then, the Sages believed each of these women in her claim, since they were willing to say something difficult and unpleasant to say about themselves and their situation. Once they were believed, they could collect their kesubah.
The Sages retracted:
Later the Sages ruled that a woman is not believed on the basis of these claims alone, and the reason is: "shelo tehei ishah nosenes eineha be'acher umekalkeles al ba'alah" - lest she set her eyes on another man and wish to marry him, and find a way out of the marriage with her kesubah intact in her hand. Because of this concern we do not believe that her words are true.
The practical halachah in the three cases:
"Ha'omeres temei'ah ani lach" - she must bring proof for her words. Her statement alone is not enough for her to be believed, and we do not accept that she became forbidden to her husband.
"Shamayim beini uveinach" - "ya'asu derech bakashah". The Sages attempt to mediate between the two and see whether they can be brought back to one another.
"Netulah ani min haYehudim" - "yafer chelko". The husband annuls his portion of the vow, that is, the part that pertains to him, and from now on they are permitted to one another, "utehei meshamashto". But "utehei netulah min haYehudim" - she remains forbidden to every other Jew, since the husband's annulment takes effect only on what is between him and her, and the rest of the vow remains in force.
With this we have completed our study of Maseches Nedarim. I hope you will join us for the next tractate, Maseches Nazir.