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


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Nedarim 76

1) ANNULMENT BEFORE THE VOW TAKES EFFECT

(a) Contradiction (End of the Beraisa - Chachamim): We can immerse a Tamei vessel to make it Tahor - will you say, we can immerse a Tahor vessel, that it should become Tahor after it becomes Tamei?
(b) Resolution: Chachamim were unsure of R. Eliezer's opinion.
1. They asked - if you hold that it takes effect and is annulled - the comparison to a vessel disproves you!
i. If you hold that it does not take effect at all - the comparison to a Mikvah disproves you!
(c) Answer #4 (Beraisa - R. Eliezer): Tamei plants - when they are planted in the ground, they become Tahor; plants that are already growing - all the more so!
1. We see, he holds that the vow does not take effect at all.
(d) Question: Do Chachamim really argue on the concept of a Kal v'Chomer?
1. (Beraisa): One might have thought, a man can sell his daughter to be a slave when she is a Na'arah - a Kal v'Chomer disproves this.
i. If a girl that was already sold goes free (when she becomes a Na'arah) - all the more so, a girl that was not yet sold cannot be sold!
76b---------------------------------------76b

(e) Answer: In general, Chachamim learn from a Kal v'Chomer; here they do not, because they expound "Her husband will affirm it, her husband will annul it".
1. Only a vow which could be affirmed (has taken effect) can be annulled.
2) ANNULMENT IS ON THE DAY THE VOW IS HEARD
(a) (Mishnah): A vow may be annulled on the day (the father or husband) heard it - this can be a leniency or a stringency;
1. If she vowed on Shabbos night, he can annul on Shabbos night, and Shabbos day until dark; if she vowed shortly before nightfall, he can only annul until nightfall.
(b) (Gemara - Beraisa): Vows can be annulled the entire day; R. Yosi b'Rebbi Yehudah and R. Eliezer b'Rebbi Shimon say, for 24 hours.
(c) Question: What is the source of the 1st Tana?
(d) Answer: "On the day he hears".
(e) Question: What is the source of R. Yosi b'Rebbi Yehudah and R. Eliezer b'Rebbi Shimon?
(f) Answer: "From day to day".
(g) Question: How does the 1st Tana explain "From day to day"?
(h) Answer: If it only said "On the day he hears", one might have thought, only by day, not at night - "From day to day" teaches, even at night.
(i) Question: What do R. Yosi b'Rebbi Yehudah and R. Eliezer b'Rebbi Shimon learn from "On the day he hears"?
(j) Answer: If it only said "From day to day", one might have thought that if she vowed on Sunday, he may annul until the next Sunday - "On the day he hears" teaches, this is not so.
(k) (R. Shimon Ben Pazi): The law is not as R. Yosi b'Rebbi Yehudah and R. Eliezer b'Rebbi Shimon.
(l) Levi was about to rule as R. Yosi b'Rebbi Yehudah and R. Eliezer b'Rebbi Shimon.
1. Rav: R. Chiya said, the law is not as them.
(m) Chiya Bar Rav would throw arrows as he checked a man for regret to permit his vow; Rabah Bar Rav Huna would sit and stand (i.e. they saw no need for great concentration, since they hold that regret is sufficient).
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