POINT BY POINT SUMMARY
Prepared by Rabbi N. Slifkin of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Nedarim 79
1) SILENCE IN ORDER TO ANNUL
(a) Stringencies of annulment: Silence affirms a vow, it
cannot annul it;
1. Also: If he thought in his heart to affirm, it is
affirmed; if he thought in his heart to annul, it is
not annulled.
(b) If he affirmed, he cannot annul; if he annulled, he
cannot affirm (this is not a stringency of either).
(c) (Summation of question): The Beraisa teaches, silence
affirms - isn't it the case, he was silent to vex her?
(d) Answer #1: No - he was silent with intention to affirm.
1. Objection If so, that is the same case as being
silent with intent to affirm!
(e) Answer #2: Rather, he was silent without any specific
intent.
(f) Question: The Beraisa said, there is a stringency of
annulled over affirmation - what is it?
(g) Answer (R. Yochanan): One may permit (nullify)
affirmation, but not annulment.
(h) Question #3 (Rav Kahana - Beraisa): "If her husband will
be silent (her vow is affirmed)" - this speaks of silence
with intent to vex.
1. Suggestion: Perhaps it speaks of silence with intent
to affirm!
2. Rejection: That is taught later in the verse - "For
he was silent"; the beginning must speak of silence
with intent to vex.
3. This refutes R. Chanina.
4. Question: Why don't we say, the beginning of the
verse speaks of silence without specific intent, and
the end speaks of silence with intent to affirm!
5. Answer: The double language (of silence) at the
beginning of the verse teaches a 3rd case, i.e.
silence with intent to vex.
(i) Question #4 (Rava - Mishnah): If she vowed shortly before
nightfall, he can only annul until nightfall; if he did
not annul before nightfall, he can no longer annul.
1. This is as silence with intent to vex (since he
wanted to annul)!
(j) Question #5 (Rav Ashi - Beraisa): A man says 'I knew
about vows, but I did not know that they can be annulled'
- he can annul (on the day he learned about annulment);
1. 'I knew about annulment, but I did not know that
this is a vow' - R. Meir says, he cannot annul;
Chachamim say, he can annul.
2. This is as silence with intent to vex (since he
wanted to annul)!
***** PEREK V'ELU NEDARIM *****
2) WHICH VOWS MAY BE ANNULLED
(a) (Mishnah): These vows may be annulled: vows in which she
afflicts herself - 'If I will wash, or not'; 'If I will
adorn myself, or not'.
79b---------------------------------------79b
(b) R. Yosi: These are not vows of affliction - rather,
these: 'Fruits of the world are forbidden to me' - he can
annul;
1. 'Fruits of this province are forbidden to me' - (he
cannot annul, rather) he brings her fruit of a
different province;
2. 'Fruits of this grocer are forbidden to me' - he
cannot annul; if he gets all his fruits from that
grocer, he can annul; this is R. Yosi's opinion.
(c) (Gemara) Question: Is it really true that he can only
annul vows of affliction?!
1. (Beraisa): "Between a man and his wife, between a
father and his daughter" - this teaches that a
husband can annul vows that affect relations with
his wife.
(d) Answer #1: He can also annul vows that affect relations
with her; the Mishnah only said vows of affliction, for
these he annuls permanently;
1. Vows that affect relations with her, they are only
annulled during their marriage; if he divorces her,
the vows take effect.
2. Objection (Mishnah - R. Yochanan Ben Nuri): He
should annul, in case he will divorce her, and will
not be able to remarry her.
i. We see, if he annuls, the annulment works even
after he divorces her!
(e) Answer #2: Rather, either type of vow, he can annul
permanently; the Mishnah only said vows of affliction,
for these he annuls no matter who she is married to;
1. Vows that affect relations with her, they are only
annulled while she is married to him; if she marries
someone else, they take effect.
2. The Mishnah reads thusly: These vows he can annul,
no matter who she is married to - vows of
affliction.
3) THE VOW ABOUT WASHING
(a) (Mishnah): 'If I will wash...'
(b) Question: How did she vow?
1. Suggestion: She said 'Fruits of the world are
forbidden to me if I wash'.
2. Rejection #1: If so, why can he annul? She can avoid
washing, and she can eat!
3. Rejection #2: If so, R. Yosi would agree, this is a
vow of affliction - perhaps she will wash, and she
will be forbidden to eat fruits!
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