ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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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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Questions
1)
(a) According to Rebbi Yishmael, if a widow or divorcee undertake to become
a Nazir after she is married, when she subsequently gets married, her
husband may annul her Neder - because he goes after the time when the Neder
takes effect (rather than after the declaration).
(b) The Tana who argues with Rebbi Yishmael - is Rebbi Akiva.
(c) According to Rebbi Yishmael, if a married woman undertakes to become a
Nazir after she is divorced, her husband cannot annul her Neder; according
to Rebbi Akiva, he can.
(d) The key of the significance of the Si'man 'Yud, Lamed, Lamed, Yud' is -
that the 'Yud' stands for 'Yafer' and the 'Lamed' for 'Lo Yafer'.
Consequently, in the Reisha of the Beraisa, which deals with a widow or
divorcee who undertook Nezirus for after her marriage, Rebbi Yishmael says
*'Y*afer', and Rebbi Akiva, *'L*o Yafer'; whereas in the Seifa which deals
with a married woman who undertook Nezirus for when she is divorced, Rebbi
Yishmael says *'L*o Yafer', and Rebbi Akiva, *'Y*afer'.
2)
(a) With regard to being Meifer the Neder ...
1. ... Rebbi Yishmael learns from the Pasuk "ve'*Neder* Almanah
u'Gerushah" - that we go after when the Neder takes effect.
2. ... Rebbi Akiva learns from the Pasuk "Kol Asher *Asrah* al Nafshah" -
that we go after the time that the Neder was declared.
(b) According to Rav Chisda, the author of our Mishnah, which goes after the
time of the declaration, is Rebbi Akiva. Abaye reconciles Rebbi Yishmael
with our Mishnah - by differentiating between Rebbi Yishmael, who is
speaking when she declared her Neder to take effect after she is either
married or divorced, in which case her domain is bound to change between the
time of the declaration and the time that it takes effect, and our Mishnah,
where she made the Neder for thirty days time, in which case she could well
remain in the same domain throughout. Consequently, Rebbi Yishmael may agree
with Rebbi Akiva, that we go after the time of the declaration.
(c) The Halachah is - like Rebbi Akiva (who always goes after the time of
the declaration).
3)
(a) We learned a Mishnah in Perek Na'arah 'Zeh ha'Kelal, Kol she'Lo Yatz'ah
li'Reshus Atzmah Sha'ah Achas, Avihah u'Ba'alah Mefirin Nedarehah', which
comes to include when the girl's father or his Sheluchim are accompanying
the girl together with the Chasan's Sheluchim to the Chupah. The fact that
she is in the company of the Chasan's Sheluchim does not take her out of her
father's domain completely - because as long as her father or his Sheluchim
are still with her, she does not leave his domain (until she enters the
Chupah).
(b) Our Mishnah concludes 'Zeh ha'Kelal, Kol she'Yatz'ah li'Reshus Atzmah
Sha'ah Achas, Eino Yachol Lehafer' - which comes to include when the girl's
father or his Sheluchim have already handed her over to the Chasan's
Sheluchim, in which case she has left her father's domain, and, as we
learned earlier, a husband cannot annul the Nedarim that his wife declared
before he married her.
4)
(a) Our Mishnah lists nine cases of a Neder made by a girl, which cannot be
annulled.
1. ... 'Bogeres ve'Hi Yesomah'; 'Na'arah u'Bagrah, ve'Hi Yesomah'; 'Na'arah
she'Lo Bagrah, ve'Hi Yesomah' - really belong under the heading 'Yesomah
be'Chayei ha'Av'. 've'Hi Yesomah' means that she had been married and was
now widowed or divorced.
2. ... 'Bogeres, u'Meis Avihah'; 'Na'arah Bogeres, u'Meis Avihah'; Na'arah
she'Lo Bagrah, u'Meis Avihah' - belong under the heading 'Meis Avihah'.
3. ... 'Na'arah she'Meis Avihah, 'u'she'Meis Avihah, Bagrah'; 'Bogeres,
ve'Avihah Kayam'; 'Na'arah Bogeres (meaning 'Nadrah ke'she'Hi Na'arah,
u'Bagrah'), ve'Avihah Kayam' - belong under the heading 'Bagrah'.
(b) Rebbi Yehudah adds to this list - a girl whose father married her off
when she was a Ketanah, and who subsequently became widowed or divorced when
she was a Na'arah, or even a Ketanah.
89b---------------------------------------89b
Questions
5)
(a) According to Rav Yehudah Amar Rav, the author of our Mishnah is Rebbi
Yehudah. The Chachamim say - that there are three categories of girls whose
Nedarim stand: a Bogeres, a Yesomah and a Yesomah during her father's
lifetime.
(b) Rebbi Yehudah (who divides them into nine categories) - does not
actually argue with the Chachamim. He merely subdivides the three categories
into nine.
6)
(a) 'Konem she'Eini Neheneh le'Aba u'le'Avicha im Osah Ani al'Picha ... ,
Harei Zeh Yafer'. In spite of the Mishnah earlier rules 'Konem she'Eini
Osah al Pi Aba ve'al Pi Avicha ... Eino Yachol Lehafer', he is permitted to
annul the Neder in *our* Mishnah - because it is a disgrace for her to
become forbidden to benefit her father or her husband's, due to what she
does for her husband, turning it into Devarim she'Beinao le'Veinah.
(b) The Tana finds it necessary to add the reverse case 'Konem she'Eini
Nehenis Lach im Osah Ani al Pi Aba ve'al Pi Avich, Harei Zeh Yafer' -
because unlike the first case (where both the Neder and the condition forbid
her father to benefit from her), the condition does not directly forbid him
to benefit from her, in which case we might have thought that her husband is
not permitted to annul the Neder.
(c) He is nevertheless permitted to annul it - because it is impossible to
avoid her father becoming forbidden to benefit from her; so the fact that
the Lashon of the condition does not imply it is irrelevant.
(d) The ultimate Chidush of our Mishnah is - that a husband can annul his
wife's Nedarim even before the Isur has actually taken effect.
7)
(a) Rebbi Nasan in a Beraisa, argues with the Chachamim (and with our
Mishnah). He holds 'Lo Yafer' - because in his opinion, a husband cannot
annul his wife's Neder as long as the Isur has not yet come into effect.
(b) The Beraisa also presents two cases, the first of them 'she'Eini Nehenis
le'Aba u'le'Avicha' - the second, 'Netulah Ani min ha'Yehudim im
Meshamshasech'.
(c)
1. The former case is a bigger Chidush according to the Chachamim - inasmuch
as the Neder is a case of Inuy Nefesh, whereas the condition is one of Beino
le'Veinah, and we might have thought that the Rabbanan will agree with Rebbi
Nasan that a husband cannot annul a Neder where the Neder itself and the
condition speak in two different cases, and when the Isur has not yet have
taken effect.
2. The latter case is a bigger Chidush according to Rebbi Nasan - inasmuch
as she is immediately forbidden Tashmish with her husband (because it will
cause her to become forbidden to him), which is Devarim she'Beino le'Veinah,
and in addition, the Neder and the condition pertain to the same case.
Consequently, we might have thought that Rebbi Nasan will agree with the
Rabbanan that he can annul it. even though the Isur has not yet taken
effect.
8)
(a) That man who forbade himself any benefit if he got married before he had
studied Torah - took his stick and his satchel and went to learn, but did
not succeed in his learning (see also Rosh).
(b) Rav Acha bar Rav Huna talked him into getting married before having his
Neder annulled - in order to accommodate the opinion of Rebbi Nasan, who
holds that a Neder cannot be annulled before the Isur has come into effect.
(c) He then smeared him with cement, before taking him to Rav Chisda to
annul his Neder - in order to demonstrate how much he needed to come on to
people for help, since already now he needed them to help wash the cement
from his clothes.
(d) Even though Rebbi Nasan and the Rabbanan's dispute refers to the Hafaras
Nedarim of a husband (or a father), and they said nothing about Hataras
Nedarim - Rav Acha bar Huna holds that their Machlokes extends to Hataras
Nedarim too, as Rava points out.
9)
(a) In the previous case, Rava praised Rav Acha bar Huna - because he
organized the case so deftly before taking the man before Rav Chisda.
(b) We cannot extrapolate from there that Rav Acha bar Huna holds like Rebbi
Nasan - because it may well be that he only did what he did in order to
accommodate Rebbi Nasan's opinion, as we explained, even though he does not
really hold like him.
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