Nedarim 88b (פח:) — the Talmud in English

According to whose view does this statement of Rav follow

[whose view did Rav state his ruling according to]?

According to the view of Rabbi Meir, who says: A woman’s hand is like her husband’s hand.

And we raise a contradiction —

but if so, there is a contradiction from the Mishna in tractate Eruvin [Eruvin 73b], where we learned:

A mavoy is an alleyway enclosed on three sides and open on the fourth side to the public domain. Openings from several courtyards containing houses lead into the alleyway. By rabbinic decree, it is prohibited to carry on Shabbat in this alleyway. The Sages instituted that if all the residents of the courtyards participate by contributing bread or a barrel of wine [as they do for an eruv chatzerot], they are all considered residents of a single courtyard and may carry in the alleyway.

How does one participate in an alleyway partnership?

One places

one of the residents of the alleyway, who makes the partnership on behalf of all the residents of the alleyway,

the barrel

of wine.

And he says: This is for all the residents of the alleyway!

And he confers a share in it upon them,

to all the residents of the alleyway, a share in the wine in the barrel,

through his Hebrew male or female slave,

who lift the barrel, thereby acquiring through their lifting a share in the wine for each of the residents of the alleyway.

And

he can likewise acquire a share in the wine for all the residents of the alleyway

through

the acquisition of

his adult son and daughter

on behalf of the residents of the alleyway, by their lifting the barrel.

And through his wife.

And if you say

that if the father did not say, “Except for whatever you carry and place in your mouth,” then

her husband acquires it from them.

If so,

the partnership

that the woman acquires on behalf of the residents of the alleyway

does not leave the husband’s domain —

the partnership does not pass from the husband’s domain to the woman, since she cannot acquire it independently.

And how can the woman acquire the barrel for all the residents of the alleyway, since whatever the woman acquires is acquired from her by her husband?

And we resolve this:

Rava said: Although Rabbi Meir says that a woman’s hand is like her husband’s hand,

and she cannot acquire something without her husband acquiring it as well, nevertheless,

Rabbi Meir concedes with regard to an alleyway partnership

of courtyards,

that since she is acquiring it for others, she acquires it from her husband’s hand —

that is, Rabbi Meir concedes that just as when a husband confers a gift upon his wife, he does not acquire it, since this is considered his removal of himself from acquiring it, so too, when he confers something upon others through his wife, he is considered to have removed himself from acquiring the partnership; therefore, the woman can acquire it for all the residents of the alleyway.

Ravina raised an objection to Rav Ashi

from what we learned in tractate Eruvin:

These are those through whom one may acquire it for them

[those through whom one may acquire the bread or barrel for all the residents of the alleyway]:

through

his adult son and daughter, and his Hebrew male and female slave —

since they have the ability to acquire property for themselves, they can therefore acquire property on behalf of others.

But these are those through whom one may not acquire it for them: through his

minor son and daughter, his Canaanite male and female slave, and his wife —

since they do not have the ability to acquire property for themselves, they cannot acquire property on behalf of others.

And it is evident from this Mishna that a woman cannot acquire the partnership from her husband on behalf of all the residents of the alleyway.

And we offer another resolution:

Rather, Rav Ashi said:

The Mishna

[above, which says that the partnership can be acquired through his wife] is speaking

of a case in which she has a courtyard in that same alleyway.

Since she can acquire it for herself,

she can acquire it for others as well.

Since his wife has a courtyard which also opens onto that alleyway, she too must participate in the alleyway partnership, and she also acquires the partnership for herself, together with all the residents of the alleyway. Therefore, since she acquires it for herself, she can also acquire it for the other residents of the alleyway.

But the Mishna that states that a woman cannot acquire the partnership for the residents of the alleyway is speaking of a case in which she has no courtyard in this alleyway. She herself therefore does not need to acquire the partnership, and consequently cannot acquire it for the other residents of the alleyway, since her hand is like her husband’s hand.

Mishna:

The Torah says: “

And the vow of a widow or a divorced woman shall stand against her.”

How so? —

She said,

the woman:

I shall be a nazirite after thirty days; even if she marries within the thirty days, he cannot nullify it,

her vow, even though the naziriteship takes effect after she marries, since at the time she vowed she was not yet married; therefore, the husband cannot nullify her vows.