POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) IS DIVORCE LIKE AFFIRMATION? (cont.)
(a) Answer #1 (Beraisa) Question: When do we say that the
father (of a Na'arah Me'orasah) gets Reshus to annul her
vows (by himself) after she is widowed or divorced?
1. Answer: It is if the Arus did not hear the vow, or
heard it and annulled it, or was silent and died
(b) Objection: The Seifa connotes the opposite!
2. If divorce is like silence, the Mishnah should also
teach 'if he was silent and divorced her'!
3. Conclusion: Divorce is like affirmation.
1. (Seifa): If the Arus affirmed the vow, or was silent
and died on a later day, the father cannot annul it.
(c) Conclusion: The inferences from the Reisha and Seifa
contradict each other, so we cannot settle the question
from the Beraisa;
2. If divorce is like affirmation, the Mishnah should
also teach this case!
3. Conclusion: Divorce is like silence.
1. We do not know which is precise (the inference may
be made from it), and which (was taught for parallel
structure and) is imprecise.
(d) Answer #2 (Mishnah): An Arusah vowed; she was divorced
that same day, and got was Mekadesh again the same day -
even if she remarried 100 times that day, her father and
the last Arus annul her vows.
1. This shows that divorce is like silence. If it was
as affirmation, the last Arus could not annul what
the first Arus affirmed!
(e) Rejection: No, the case is, the first Arus did not hear
1. Question: If so, why does the Mishnah say that she
remarried the same day? The same law would apply
even if she remarried 100 days later!
(f) Answer #3 (Mishnah): If a girl vowed on the day she
married, was divorced, and remarried her husband the same
day, he cannot annul her vow.
2. Answer: The case is, the Arus did not hear, but the
i. Since the father can annul only that day, she
must remarry that day for joint annulment to be
1. This shows that divorce is like affirmation.
(g) Rejection: That Mishnah discusses Nisu'in.
1. He cannot annul when he remarries her, for the vow
is considered like a vow that preceded the marriage
(such vows can be annulled only together with the
father. Once she had Nisu'in, the father has no
Reshus over her.)
2) ANNULMENT OF PREVIOUS VOWS
(a) (Mishnah): A Chacham annuls his daughter's vows before
she leaves his Reshus.
1. He tells her 'all vows that you made in my house are
(b) Similarly, a Ba'al annuls her vows before she enters his
1. After Nisu'in, he cannot annul prior vows.
(c) (Gemara - Rami bar Chama) Question: Can a husband annul
his wife's vows without hearing them?
1. Is "her husband heard" essential, or not?
(d) Answer #1 (Rava - Mishnah): A Chacham annuls his
daughter's vows before she leaves his Reshus. He tells
her 'all vows that you made in my house are annulled.'
1. This shows that he annuls even without hearing them!
(e) Rejection: (This annulment does not work.) He annuls them
after he hears them.
1. Question: If it doesn't work, why does he say it?
(f) Answer #2 (Mishnah): Similarly, a Ba'al annuls them
before she enters his Reshus.
2. Answer: A Chacham strives to annul his daughter's
vows (Perhaps this will prompt her to mention her
(g) Rejection: Here also, he can truly annul them only after
he hears them.
(h) Answer #3 (Mishnah): If 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;
1. R. Eliezer says, if he said 'they are annulled',
they are annulled.
(i) Rejection: Here also, they are truly annulled only after
he hears them. (Ran - some say that this happens
automatically. Some say that he must annul them again.)
2. This shows that he annuls them before he hears them!
1. Question: If so, why does he say this now? He can
annul them when he hears them!
(j) Answer #4 (Beraisa - R. Yoshiyah): If a man told an
overseer 'annul all vows that my wife will make from now
until I return from Ploni'; the overseer's annulment is
2. Answer: He is concerned lest he be distracted when
he hears them, and will forget to annul them.
1. R. Yonasan says, the rule is, if Reuven's Shali'ach
did an act, it is as if Reuven did it!
2. Even R. Yoshiyah disqualifies the annulment only
because it says "her husband will affirm (her vow),
her husband will annul it". He agrees that normally,
Reuven's Shali'ach's actions are attributed to
3. The annulment works (or would work, if not for the
verse), even though her husband did not hear the
Index to Outlines for Maseches Nedarim