תלמוד על בבא מציעא 2:1

HALAKHAH: “A rabbi who forbade a woman to her husband because of a vow”, etc. “A rabbi who forbade a woman to her husband because of a vow cannot marry her.” I would say, that was his intention from the start. “If she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court”, because two will not usually sin for the benefit of a third. There²⁰⁵Baba Meṣi‘a, Mishnah 3:7., we have stated: “If somebody deposits fruit with another person, that one should not touch it even if it spoils. Rabban Simeon ben Gamliel said, he shall sell it under the supervision of a court because one is obliged to return a find to its owners.” Rebbi Abba bar Jacob said in the name of Rebbi Joḥanan, practice follows Rabban Simeon ben Gamliel²⁰⁶Babli Baba Meṣi‘a 39b (R. Abba ben R. Jacob in the name of R. Joḥanan). In the Babli, the circumstances of this ruling are very much in dispute.. What does one do with the money? Rav Jehudah said, the disagreement of Rebbi Aqiba and Rebbi Ṭarphon²⁰⁷Mishnah Baba Meṣi‘a 2:7. If somebody finds perishables (with characteristics that might allow the indentification of the lawful owner), he sells them under the supervision of a court. R. Tarphon holds that he uses the money in his own business; therefore he is totally responsible for it. R. Aqiba says, he may not touch the money; therefore, he is not responsible if it is stolen.. It is a condition that the members of the court cannot buy. Rebbi Aqiba²⁰⁰A woman made a vow that she will have no usufruct from her husband. This is a vow the husband cannot dissolve since it is not a “vow of deprivation” (Num. 30:2–17). She can go to a competent rabbi who may find a way to relieve her from her vow if she sincerely repents. If he did not find a way to repeal the vow, the husband will divorce her (obviously, he need not pay her anything.) Since the refusal of the rabbi to annul the vow forces the divorce, he cannot profit from his act or people will suspect him of bending the law for his own profit. said, Rebbi Ḥiyya ben Rebbi Sabbatai²⁰⁸An otherwise unknown Amora. asked: Here, you say, “if she repudiated or performed ḥalîṣah before him he may marry her since he acts as a court,” and here, you say so²⁰⁹Why are the members of the court forbidden to buy the produce to be sold under their supervision?? Rebbi Yose said, there, the buy could be in thirds²¹⁰Every judge could profit from the transaction., but here, two will not usually sin for the benefit of a third.