Talmud - Nedarim 85b נדרים פ״ה ב׳

she may work and sustain herself from her earnings, as the consecration is ineffective. And with regard to the surplus earnings, i.e., if she produced more than she needs for her sustenance, Rabbi Meir says the surplus becomes consecrated property, whereas Rabbi Yoḥanan HaSandlar says that it is non-sacred. And Shmuel said that the halakha is in accordance with the opinion of Rabbi Yoḥanan HaSandlar. Apparently, Shmuel’s opinion is that a person cannot consecrate an entity that has not yet come into the world, and therefore a man cannot consecrate earnings that his wife will produce only in the future.

And if you would say that when Shmuel is saying that the halakha is in accordance with the opinion of Rabbi Yoḥanan ben Nuri he was saying only that the halakha is such with regard to the surplus, there is a difficulty. One might say that since Rabbi Yoḥanan ben Nuri disagrees with Rabbi Akiva, he apparently maintains that a woman’s surplus earnings belong to her husband, and therefore she cannot render them forbidden to him through a vow, and it is only with respect to this point that Shmuel said that the halakha is in accordance with the opinion of Rabbi Yoḥanan ben Nuri. If this is the case, there is no contradiction between his ruling here and his ruling in Ketubot that the halakha with regard to one who consecrates his wife’s earnings is in accordance with the opinion of Rabbi Yoḥanan HaSandlar.

But if so, let Shmuel clearly say: The halakha is in accordance with the opinion of Rabbi Yoḥanan ben Nuri with regard to the surplus. Alternatively, he could have said that the halakha is in accordance with the opinion of the first tanna, who also maintains that the surplus belongs to the husband. Alternatively, he could have said that the halakha is not in accordance with the opinion of Rabbi Akiva, who asserts that the surplus belongs to the wife.

Rather, Rav Yosef said that the apparent contradiction between Shmuel’s rulings can be resolved in the following manner: Although one cannot consecrate an entity that has not yet come into the world, konamot are different; since a person can prohibit to himself another’s produce by means of a konam, even though one cannot consecrate another’s produce to the Temple, he can also prohibit to himself an entity that has not yet come into the world. With regard to consecration, however, a person cannot dedicate to the Temple treasury something that is not currently in his possession, and he cannot consecrate an entity that has not yet entered the world, either.

Abaye said to him: This is no proof at all. Granted, a person can prohibit another’s produce to himself, since a person can prohibit his own produce to another. But does it follow that he can also prohibit an entity that has not yet come into the world to another person, seeing that a person cannot prohibit another’s produce to that other person, as he has jurisdiction neither over the produce nor over the person to whom he wishes to prohibit it? Yet in the mishna here the woman prohibits her future earnings, which do not yet exist, to another person, i.e., her husband.

Rather, Rav Huna, son of Rav Yehoshua, said: Here the mishna is dealing with a woman who says: My hands are consecrated to the One Who made them. Therefore, the case does not involve the issue of an entity that has not yet come into the world, as her hands are already in the world.

The Gemara challenges this interpretation: And if she said her vow like this, are they consecrated and forbidden? But aren’t her hands pledged to her husband, to do the work she is obligated to perform for him? The Gemara answers: The mishna is referring to a woman who said: The vow will take effect when I become divorced. The Gemara raises a difficulty: She is not divorced now in any event, and from where is it learned that when she says her vow like this, the vow is effective? How is it learned that she can consecrate something in such a manner that it will become consecrated only in the future?

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Nedarim 85b examines whether a husband can consecrate his wife's future or surplus earnings, weighing Shmuel's conflicting rulings on vows.