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1) DIVORCE

(a) Answer #1 (Mishnah): When do we say, the father (of an engaged Na'arah) receives authority to annul his daughter's vows (by himself) after she is widowed or divorced? If the husband did not hear the vow, or heard it and annulled it, or was silent and died that day;

1. If divorce is as silence - the Mishnah should also teach, if he was silent and divorced her!
2. It must be, divorce is as affirmation.

(b) Objection: We can conclude the opposite from the end of the Mishnah!
(c) (Mishnah): If the husband affirmed the vow, or was silent and died on a later day, the father cannot annul it.

1. If divorce is as affirmation - the Mishnah should also teach, if he divorced her!
2. It must be, divorce is as silence.

i. Since the inferences from the 2 clauses of the Mishnah contradict each other, we cannot settle the question from the Mishnah.
ii. We do not know which clause is precise (the inference may be made from it), and which (was taught for parallel structure and) is imprecise.

(d) Answer #2 (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.

1. We see, divorce is as silence - if it was as affirmation, the last husband could not annul what the 1st husband affirmed!

(e) Rejection: No, the case is, the 1st husband did not hear the vow.

1. Question: If so, why does the Mishnah say that she remarried the same day - the law would apply even if she remarried 100 days later!
2. Answer: The case is, the husband did not hear, but the father heard.

i. Since the father can only annul that day, she must remarry that day for joint annulment to be possible.

(f) Answer #3 (Mishnah): A girl vowed on the day she got married. She was divorced and remarried her husband on the same day - he cannot annul her vow.

1. We hear, divorce is as affirmation.

(g) Rejection: That Mishnah speaks of full marriage.

1. He cannot annul when he remarries her, for the vow is considered as a vow that preceded the marriage (and such vows can only be annulled together with the father; once she was married, the father has no authority over her).

2) ANNULMENT OF PREVIOUS VOWS

(a) (Mishnah): The way of a Chacham is to annul his daughter's vows before she leaves his jurisdiction.

1. He tells her: 'All vows you took in my house are annulled'.
2. Also, her husband annuls them before she enters his jurisdiction (Nisu'in).

i. After Nisu'in, he cannot annul prior vows.

(b) (Gemara - Rami Bar Chama) Question: Can a husband annul his wife's vows without hearing them?

1. "Her husband heard" - is this essential, or not?

(c) Answer #1 (Rava - Mishnah): The way of a Chacham is to annul his daughter's vows before she leaves his jurisdiction.

1. He tells her: 'All vows you took in my house are annulled'.
2. We see, he annuls even without hearing them!

(d) Rejection: (This annulment does not work); he annuls them after he hears them.

1. Question: If it doesn't work, why does he say it?
2. Answer: A Chacham strives to annul his daughter's vows (perhaps this will prompt her to mention her vows).

(e) Answer #2 (Mishnah): Also, her husband annuls them before she enters his jurisdiction (Nisu'in).
(f) Rejection: Here also, he can only truly annul them after he hears them.
(g) Answer #3 (Mishnah): A man told his wife 'All vows you take from now until I return from Ploni (a certain place) are affirmed' - this has no effect; 'They are annulled' - R. Eliezer says, they are annulled.

1. We see, he annuls them before he hears them!

(h) Rejection: Here also, they are only truly annulled after he hears them. (The Ran brings 2 opinions, whether this happens automatically, or if he must annul them again.)

1. Question: If so, why is he saying this now - let him annul them when he hears them!
2. Answer: He is concerned, perhaps he will be distracted when he hears them, and will forget to annul them.

(i) Answer #4 (Beraisa - R. Yoshiyah): A man told an overseer 'All vows my wife will take from now until I return from Ploni - annul them'; the annulment of the overseer is invalid;

1. R. Yonason says, we have a rule: the actions of a Reuven's agent are considered as if Reuven did them.

i. Even R. Yoshiyah only disqualifies the annulment because it says "Her husband will affirm (her vow), her husband will annul it" - he agrees that generally, an agent's actions are attributed to the one who appointed him.

2. The annulment works (or would work, without the verse "Her husband..."), even though he did not hear the vow!