Maimonides on Seder Nashim

The sequence of the tractates in the Order


Reprinted with permission from Maimonides’ Introduction to His Commentary on the Mishnah, translated and annotated by Fred Rosner, and published by Jason Aronson.

[After Seder Mo’ed (Appointed Times), Judah the Prince]  then proceeded to subdivide the matter of Seder Nashim (Women) and commenced with tractate Yevamot (the levirate bride). The reason that compelled him to begin with Yevamot and not with tractate Ketubot (marriage contracts), since common sense dictates that the latter should more properly precede the former, is because marriage is related to a man’s wishes; and the courts do not coerce a man to marry a woman. However, regarding the Levirate marriage, they can do this by telling him: “Either perform Halitzah (renunciation of the Levirate obligation) or contract Levirate marriage.” It is more appropriate to begin with laws which are compulsory, and he therefore commenced with Yevamot and followed it with Ketubot.
maimonides on women
After Ketubot he lists tractate Nedarim (vows), because the entire scriptural portion dealing with vows speaks of vows of women as it is written: “Between a man and his wife, between a father and his daughter” (Numbers 30:17).  When the marriage is com­pleted by the woman coming under the canopy, the husband has the right to void her vows, and for this reason tractate Nedarim is next after Ketubot. After Nedarim he placed tractate Nazir (the Nazirite), because Nazirite oaths are also included among the laws of vows and if a woman should make a Nazirite vow the husband can void it and, therefore, he placed Nazir after Nedarim.

Having completed the discussion of matters re­lated to marriage and the laws regarding the voiding of vows, he commenced the topic of di­vorce because after marriages come divorces; and thus he arranged tractate Gittin (divorce) after Nazir.  And after Gittin is tractate Sotah (the suspected adultress) because its subject matter is related to the topic of divorce since if a suspected adulteress is found to have committed adultery one forces both the husband and the wife to go through with divorce pro­ceedings, as I will explain in its proper place.

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Moses Maimonides (1135-1204) was also known as Rabbi Moses ben Maimon or the Rambam. One of the greatest Torah scholars of all time, he was a rabbi, physician, and philosopher in Spain, Morocco, and Egypt during the Middle Ages. He was the preeminent medieval Jewish philosopher whose ideas also influenced the non-Jewish world.

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