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Prepared by Rabbi N. Slifkin of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Nedarim 89
NEDARIM 89 (Oct. 16) - Dedicated in honor of the 50th anniversary of Alice
and Tuli Bodner by Mr. and Mrs. David Kornfeld and their children; Mordecai
and Ayeleth, Elimelech and Naomi. May the Bodners continue to enjoy much
Nachas and Berachah from their wonderful children and grandchildren, and
soon b'Ezras Hashem from great-grandchildren, and may they experience many
more years of good health and joy together, "til 120!"
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1) VOWS THAT CANNOT BE ANNULLED
(a) If she vowed while married, he can annul her vow.
1. If she said 'I will be a Nezirah after 30 days' (and
her husband annulled the vow) - even if she was
widowed or divorced in the 30 days, the vow is
annulled.
(b) If she vowed, was divorced, and remarried her husband on
the same day, he cannot annul her vow.
1. The rule is: if she ever entered her own
jurisdiction, her vow cannot be annulled.
(c) (Gemara - Beraisa - R. Yishmael): A widow or divorcee
that vowed 'I will be a Nezirah when I marry', and got
married - her husband can annul the vow; R. Akiva says,
he cannot;
1. A way to remember the opinions in this Beraisa -
Yaleli (Yud, Lamed, Lamed, Yud - Yafer (can annul),
Lo Yafer, Lo Yafer, Yafer).
(d) A wife that vowed 'I will be a Nezirah when I get
divorced', and got divorced - her husband cannot annul
the vow; R. Akiva says, he can.
1. R. Yishmael: "The vow of a widow or divorcee (will
stand)" - this only applies if the vow takes effect
when she is a widow or divorcee!
2. R. Akiva: "Everything she prohibited on herself
(will stand)" - this only applies if she prohibits
herself when she is a widow or divorcee!
(e) (Rav Chisda): Our Mishnah is as R. Akiva.
(f) (Abaye): Our Mishnah can even be as R. Yishmael.
1. In the Mishnah, the vow is contingent on days (it
will take effect in 30 days); in the Beraisa is
different, it is contingent on marriage.
i. When the vow is contingent on days, since it is
possible that the days will expire before she
gets married or divorced, R. Yishmael admits
that it may only be annulled if she was married
when she vowed.
(g) The Mishnah of an engaged Na'arah gave a general rule (if
she never entered her own jurisdiction, her father and
last husband annul her vows) - it includes the case where
the father or his representatives accompanied his
daughter with the husband's representatives (on her way
to Nisu'in);
(h) The general rule of our Mishnah (if she ever entered her
own jurisdiction, her vows cannot be annulled) includes
the case where the father or his representatives gave his
daughter to the husband's representatives.
1. This is because a husband cannot annul vows that
preceded the marriage.
2) VOWS THAT CANNOT BE ANNULLED
(a) (Mishnah): There are 9 cases of girls whose vows cannot
be annulled:
1. A Bogeres that vowed, and she was orphaned (her
father died; Ran - she became an orphan in her
father's lifetime, i.e. she was fully married, and
left her father's jurisdiction);
2. A Na'arah vowed, she became a Bogeres, and was
orphaned;
89b---------------------------------------89b
3. A Na'arah vowed, and was orphaned;
4. A Bogeres vowed, and her father died;
5. A Na'arah vowed, she became a Bogeres, and her
father died;
6. A Na'arah vowed, and her father died;
7. A Na'arah vowed, her father died, and she became a
Bogeres;
8. A Bogeres vowed, and her father is alive;
9. A Na'arah vowed, she became a Bogeres, and her
father is alive;
(b) R. Yehudah says, even if her father married her off as a
minor, she was widowed or divorced, and she returned to
her father, and she is still a Na'arah (the Rishonim's
text; our text is as the Gra - she still is (has the law
of) a Na'arah i.e., her father can still annul her vows).
(c) (Gemara - Rav Yehudah) Version #1 (according to the
Rishonim): R. Yehudah counts all these cases separately,
but Chachamim say, there are only 3 categories: a
Bogeres, an orphan, and an orphan in her father's
lifetime.
(d) Version #2 (Gra) - R. Yehudah says there are only 2 cases
of a Na'arah whose vows cannot be annulled, but Chachamim
add a 3rd case. All agree when she became a Bogeres or an
orphan; Chachamim add, an orphan in her father's
lifetime.
3) ANNULMENT BEFORE THE VOW TAKES EFFECT
(a) (Mishnah): A wife vowed to her husband: 'I am forbidden
to benefit from my father or your father if I benefit
you'; or, 'I am forbidden to benefit from you if I
benefit my father or your father' - he may annul the vow.
(b) (Gemara - Beraisa): 'I am forbidden to benefit from my
father or your father if I benefit you' - R. Noson says,
he cannot annul this; Chachamim say, he can;
1. 'I am forbidden to have relations with Jews if I
have relations with you' - R. Noson says, he cannot
annul this; Chachamim say, he can;
(c) A man forbade himself to benefit from the world if he
marries before learning laws. He tried, but was unable to
learn. Rav Acha Bar Rav Huna tricked him into marrying;
he tarred him (so he should not have any pleasure) and
brought him to Rav Chisda.
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