Can a man still annul his wife or daughter's vows?
What role does feminism play in keeping and/or annulling vows? The Torah clearly states that under certain circumstances a father has the right (and perhaps, even the obligation) to annul his daughter's vows, and a husband, his wife's. How does that play into modern times, women empowered, holding top level positions that often surpass those of men?
In biblical times, there most certainly was the concept of a man as the
head of a household, one that has undergone a certain level of attrition or erosion.
Perhaps in the Ethiopian community one can see some vestige of that approach/philosophy;
in the typical village home, the father ate – and was most certainly served, and
only thereafter were the children allowed to eat. A certain right or dignity,
perhaps a loaded word in its own right, was accorded to him. When the Talmud in
Brachot speaks about the time from which a man is allowed to say Shema
Yisrael, one of the opinions in the Mishna is when a poor man has eaten his
humble bread, and Rashi comments that there isn't a man in Israel, however, poor
whose wife doesn't serve him his daily bread. On a similar Mishnaic level, the Gemorah
discusses the obligation of a man to his wife and a wife to her husband, and
states unequivocally that regardless of how many servants the wife brings into
the marriage, she still – for the sake of intimacy and closeness – has to make
his bed, and serve him wine, and can not outsource these two activities to the
help because they are a fulcrum of a balanced marriage.
My question is then, what do we do nowadays when a husband feels he can
exert certain rights in a marriage, when his wife uncategorically knows
otherwise? When the husband has all too much skin in the game, i.e., all too
much to lose, and pragmatically can not exert rights that his wife all too well
thinks are hers and not his, and which society as well no longer feels is
vested under the aegis or "dominion" of the man, what relevance then
do these Torah dictates have?
I can say for one that yearly, before Rosh Hashanah, as is the custom in
Israel, I annul my vows before they take hold – mesirat moda'ah in Hebrew – and do so as well for my wife, meaning
that this issue is utterly irrelevant for me because vows can not take hold
unless you explicitly remember them, and decide regardless to contractually
obligate yourself in contravention of your initial intent to not give any
foothold to vows that you would make over the course of the year.
In what way, then, does this apply? It really is hard to say. Though I
think it advisable for everyone to give notice about annulling future vows, I do
think that there is a message about annulling vows that we can still glean
today, though, humbly, I can aver that I do not know what that message is.
Every couple and relationship is different, and modernity has changed gender
roles in ways sometimes so extreme that the teachings of the Torah about societal
imperatives, norms, and mores seem to have little relevancy.
I do think that the discourse at the time of the bible and Talmud was one
much more so of rights, and today, it's more about freedom. For example, the
Talmud states that a woman who found an ownerless object, could not lay exclusive
claim to it, because it would belong to her husband – and not her – because he
had to feed her, and it would breed jealousy for a woman to be able to take
possession of lost objects and earn money of her own accord, without the
husband receiving recompense because of his contractual obligations to provide
for her sustenance. Fascinatingly enough, Rabbi Karelitz Z"L, who served
at the helm of one of Israel's top rabbinic courts, argued that the realities
of the Talmud have changed, to the betterment of the woman; no longer does a
man have a right to a woman's earnings because he agrees to sustain her and
provide for her – but rather, if a man and woman file for divorce, and the
woman obviously has no desire for her soon to be ex to provide for her, she –
the wife – lays exclusive claim to the moneys she earned, and the assets are
not split down the middle. Simply put, were the woman to have been the main
breadwinner throughout the marriage, the default position, Rabbi Karelitz
argued was that the woman lays full control to all of the moneys she added to
the marriage, the man left high and dry because she certainly had no intent to
give over her hard-earned wages to a man with whom her marriage has no viable
horizon for success or future sustainability.
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