משנה: שֶׁאַתְּ נֶהֱנֵית לִי עַד הַפֶּסַח אִם הוֹלֶכֶת אַתְּ לְבֵית אָבִיךְ עַד הֶחָג הָֽלְכָה לִפְנֵי הַפֶּסַח אֲסוּרָה בַהֲנָייָתוֹ עַד הַפֶּסַח. אַחַר הַפֶּסַח בְּלֹא יַחֵל דְּבָרוֹ. MISHNAH: ‘That you provide me with usufruct until Passover if you would go to your father’s house until Tabernacles68In the interpretation of the Nedarim.15">Babli, 15 a/b, the husband after Tabernacles makes a vow of qônām that his wife cannot have anything from him until Passover (in the spring) if she goes to her father’s house before Tabernacles (next fall). It is obvious that if the wife goes before Passover, she is forbidden until Passover (and she should not have any usufruct from her husband now since maybe she will go afterwards). But if she goes during the six months between Passover and Tabernacles, any usufruct she had before Passover would be retroactively forbidden; therefore, he would transgress the commandment not to profane vows (by formulating his vow in a way which invites violating it) and she could be punished for violating his vow.
While this interpretation seems to fit the language of the Mishnah (and is accepted as obvious by Maimonides in his Commentary), the Yerushalmi in the Halakhah rejects the idea that the wife could be guilty because of the husband’s vow and reads the Mishnah as given in the translation, that the husband forbids himself any usufruct from his wife. Therefore, he cannot have any usufruct now since she later might defy his instructions. There is no reason to think that the text of the Halakhah be corrupt..’ If she went before Passover, she is forbidden to deliver usufruct to him until Passover, after Passover “he should not profane his word69Numbers.30.3">Num. 30:3..”
הלכה: שֶׁאַתְּ נֶהֱנֵית לִי כול׳. וְאָסוּר לִיהֲנוֹת מִמֶּנָּהּ מִכְּבָר. שֶׁמָּא תֵלֵךְ אַחַר הַפֶּסַח וְנִמְצֵאת הֲנָייָתוֹ לְמַפְרֵעַ. HALAKHAH: “That you would have usufruct from me,” etc. He is forbidden to have usufruct from her immediately, for maybe she would go after Passover and it would turn out that his having usufruct would be retroactively [forbidden].