Q&A: I Do Not Want the Sages’ Ordinance
I Do Not Want the Sages’ Ordinance
Question
Have you written about this somewhere? I couldn’t find anything in the site search.
In any case, I wanted to ask: if a woman wants to retract what she said — “I do not want the Sages’ ordinance” — regarding “I am not supported and I do not work,” is her retraction effective? Should we say that once she waived it she can no longer retract, or perhaps as long as she does not want it, the ordinance does not apply, but once she wants it, the ordinance returns as before? (Maybe this depends on whether the reason for the ordinance is because she works, and this comes as compensation, or whether the ordinance is that she is supported and therefore obligated in the earnings?)
Answer
It seems to me that in a case where there is another side to the story, you cannot retract (because the other side has relied on it). This is somewhat like the reasoning of Tosafot in Ketubot regarding considerations of “with this in mind,” when there is another party involved. See my ruling on annulment of betrothal. It can also be compared to the Rosh’s discussion in a responsum (brought in Kovetz Shiurim) regarding the cancellation of a cancellation of agency, as opposed to the cancellation of a cancellation of a condition.
Discussion on Answer
Indeed, I missed it, and I wrote what the logic seems to say (to me). But the question dealt with the general rule of “I do not want it.” “I am not supported” was only an example. And indeed, one could say that this is an exceptional example, because the marital bond between them still exists and was not severed by her statement, and therefore perhaps the cancellation can itself be canceled. All the more so here, where at every moment there is a dependence between being supported and working, so the discussion for each moment stands on its own, and therefore this is not really a cancellation of her previous statement at all, but a new statement regarding the present time.
See here that there is also a dispute among the medieval authorities (Rishonim) even regarding “I am not supported”:
https://www.yeshiva.org.il/wiki/index.php/%D7%9E%D7%99%D7%A7%D7%A8%D7%95%D7%A4%D7%93%D7%99%D7%94_%D7%AA%D7%9C%D7%9E%D7%95%D7%93%D7%99%D7%AA:%D7%90%D7%99_%D7%90%D7%A4%D7%A9%D7%99_%D7%91%D7%AA%D7%A7%D7%A0%D7%AA_%D7%97%D7%9B%D7%9E%D7%99%D7%9D
Much appreciated!
I’m surprised that Tosafot explicitly in Ketubot 83 seems to have escaped your notice, where it says she can retract.