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Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 70

1) QUESTIONABLE LANGUAGES OF ANNULMENT

(a) Question #2: If (the law is that) it is not annulled - what if he said, 'It is annulled tomorrow'?
1. Do we say, he cannot annul tomorrow, for he affirmed her vow today?
2. Or, since he did not say that he is affirming today, he really means that he is annulling today?
3. Question #3: If you will say that since he affirmed it today, it is as if the vow is around tomorrow - what if he said, 'It is affirmed for an hour'?
i. Do we say, it is as if he said 'It is annulled after an hour'?
ii. Or not, for he did not say this explicitly?
4. Question #2: If you will say that it is as if he did not say this - what if he said it ('It is affirmed for an hour, and then annulled')?
i. Do we say, once he affirmed it, it is affirmed?
ii. Or, since the whole day he can affirm or annul, it is annulled?
(b) Answer (Mishnah): A woman said 'I am a Nezirah'; her husband said 'Also I' - he cannot annul her Nezirus;
1. Why don't we say, he is accepting Nezirus - but he only affirms hers for a short time, and later he can annul it if he wants?
2. Suggestion: We learn, once he affirms it (even for a short time), it is affirmed.
(c) Rejection: No - by saying 'Also I', he shows that he wants her Nezirus to be affirmed permanently.
2) WHEN 1 PARTNER DIES
(a) (Mishnah): If the father (of an engaged Na'arah) dies, the husband does not receive authority to annul her vows (by himself);
(b) If the husband dies, the father receives authority to annul her vows (by himself); in this respect, a father has more privileges to annul than a husband.
1. Regarding a Bogeres, a husband has more privileges - he can annul her vows, a father cannot.
(c) (Gemara) Question: Why don't we learn that the husband receives authority to annul after the father dies, just as the father receives after the husband dies?
(d) Answer: "When she is a Na'arah in her father's house".
(e) (Mishnah): If the husband dies, the father receives authority to annul her vows.
(f) Question: What is the source for this?
(g) Answer (Rabah): "If she will be to a man (engaged), and her vows are on her".
70b---------------------------------------70b

1. The Torah equates her vows before her 2nd engagement to her vows before her 1st engagement.
2. Just as the father can annul vows (by himself) before her 1st engagement - also, before her 2nd.
(h) Question: Perhaps this only applies to vows that her husband did not hear.
(i) Answer: Those vows we already know from "When she is a Na'arah, in her father's house".
(j) (Mishnah): In this respect ...(and a husband has more privileges regarding a Bogeres).
(k) Question: What is the case?
1. Suggestion: She was engaged as a Na'arah, and became a Bogeres.
2. Rejection: Just as when the father dies, she leaves his authority, but the husband does not receive authority to annul her vows alone - also, when she becomes a Bogeres!
(l) Answer: Rather, he engaged her as a Bogeres.
(m) Question: We already learned this!
1. (Mishnah): A Bogeres that waited 12 months (the husband can annul her vows - even Chachamim that argue, admit that mid'Oraisa, he may annul).
2. Question: The Mishnah itself is difficult!
i. If she is a Bogeres - why must she wait 12 months - she is only given 1 month to prepare for the wedding!?
3. Answer: The Mishnah means, a Bogeres or a girl that waited 12 months.
(n) Question (m) is still unanswered - we already learned the case of a Bogeres!
(o) Answer #1: Here we learned the law of Bogeres; there, it was taught to teach the dispute between R. Eliezer and Chachamim.
(p) Answer #2: There we learned the law of Bogeres; here, Bogeres was only taught to show that sometimes the husband has more authority to annul.
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