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1) DOES MA'AMAR MAKE NISU'IN?

(a) Question: How does this Beraisa support R. Ami?
(b) Answer #1: R. Akiva responded, '... whether he gave a Ma'amar or not' - we see, R. Eliezer speaks of the case that he gave her a Ma'amar!
(c) Answer #2: (R. Eliezer said when a Yevamah) enters the Yavam's domain, the acquisition is completed.

1. If she was not already partially acquired through a Ma'amar, it is inappropriate to say that the acquisition is completed.
2. It must be, he gave her a Ma'amar.

(d) Question: What does the Beraisa mean - vows are as other laws?
(e) Answer (Rava): Regarding stoning (if she has relations with a stranger, whether there was 1 Yavam or 2, whether or not a Ma'amar was given), she is not considered engaged (and also, regarding vows).

1. (Rav Ashi): Our Mishnah supports this - it says, a Yevamah is not totally acquired to her Yavam as an engaged wife is to her husband!

(a) (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;
(b) 'They are annulled' - R. Eliezer says, they are annulled; Chachamim say, they are not.

1. R. Eliezer: If he can annul vows that have already taken effect - all the more so, he can annul vows that have not yet taken effect!
2. Chachamim: "Her husband will affirm it, her husband will annul it" - only a vow that can be affirmed (i.e. has already taken effect) can be annulled.

(c) (Gemara) Question: According to R. Eliezer - do the vows take effect, and are then annulled; or, do they not take effect at all?

1. This will determine the law if someone vowed 'This should be forbidden as what she forbade".

i. If her vow took effect - the latter vow also takes effect; if not, not.

(d) Answer #1 (Mishnah - R. Eliezer): If he can annul vows that have already taken effect - all the more so, he can annul vows that have not yet taken effect!

1. We see, they do not take effect at all.

(e) Rejection: The Mishnah does not say 'They do not take effect' - it says, they have not yet taken effect!
(f) Answer #2 (Beraisa - R. Eliezer): A man cannot annul his own vows after he vowed, but he can annul them before he vows;

1. Regarding his wife's vows, which he can annul after she vowed, all the more so he can annul them before she vowed!
2. Assumption: The case of his vows is as of his wife's - just as his do not take effect, also his wife's.

(g) Rejection: No - they are different - his don't take effect, his wife's vows do.
(h) Answer #3 (Beraisa - Chachamim): We find that a Mikveh makes a Tamei person Tahor, but it does not save a Tahor person from becoming Tamei;

1. A person, that cannot make a Tamei person Tahor, all the more so, he cannot save a Tahor person from becoming Tamei (i.e. that her vow will not take effect).
2. We infer from the analogy, R. Eliezer holds that the vow does not take effect.