POINT BY POINT SUMMARY
Prepared by Rabbi N. Slifkin of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Nedarim 71
NEDARIM 71 - has been dedicated to the memory of Kodesh ben Simcha Gedaliah,
who completed his mission on this world in but a few weeks.
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1) VOWS BEFORE ENGAGEMENT
(a) (Mishnah): An engaged girl vowed; she was divorced that
same day, and got engaged again the same day - even if
she remarried 100 times that day, her father and the last
husband annul her vows;
(b) The rule is, as long as she was never under her own
jurisdiction, her father and the last husband annul her
vows.
(c) (Gemara - Shmuel) Question: How do we know that the last
husband can annul vows heard by the 1st husband?
(d) Answer (Shmuel): "If she will be (engaged) to a man, and
her vows are upon her" - vows that were already on her.
(e) Question: Perhaps that is only if the 1st husband did not
hear them!
(f) Answer: "Upon her" is extra - it is expounded to include
vows heard by the 1st husband.
(g) A Beraisa supports Shmuel.
1. (Beraisa): An engaged Na'arah, her father and
husband annul her vows.
(h) If the father heard her vow and annulled it, and her
husband died before he heard it, and she became engaged
that day, even 100 times - her father and her last
husband annul her vows.
(i) If the husband heard her vow and annulled it and died
before the father heard it, the father can annul the
portion of the husband.
(j) (R. Noson): Beis Shamai holds as this - Beis Hillel say,
the father cannot annul.
(k) Question: On what do they argue?
71b---------------------------------------71b
(l) Answer: Beis Shamai hold, even vows which the 1st husband
heard, the father receives authority to annul them (when
she is widowed or divorced); when one partner annuls, he
annuls his half;
1. Beis Hillel hold, the father and the last husband
annul her vows; when one partner annuls, he does not
annul his half (rather, he weakens the whole vow).
2) DIVORCE
(a) Question: If her husband divorced her on the day he heard
her vow - is this as if he affirmed it, or as if he was
quiet?
1. This will determine the law in the case that he
remarries her the same day.
i. If divorce is as if he was quiet - he can annul
the vow;
ii. If it is as affirmation - he can no longer
annul.
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