More Discussions for this daf
1. A Shali'ach who dies after performing Kidushin with an unknown woman 2. Appointing an agent to annul the Nedarim of one's wife
DAF DISCUSSIONS - NAZIR 12

Asher Breatross asked:

I have the following question about the Gemara in Nazir on 12b. Rav Oshia says that an Apotropus cannot be appointed by the husband to annul the wife's vows in advance, while the husband is away. The reason is because of the Pasuk of Isha Yikimenu.

At the end of the Gemara, before the Mishna, Rav Oshia learns like R' Eliezer that a husband can annual a wife's vows in advance. He can also appoint an agent to do the same in advance to deal with situations where he might not annul because of forgetfulness, anger or because he is busy before a trip.

How can Rav Oshia learn this way? He previously relied on Isha Yikimenu to say that he could not appoint an agent to do such things. Why is he now saying that the appointment of an agent is OK? Is he retracting on his previous opinion?

The Kollel replies:

Rav Oshiya is not retracting his opinion. The question of the Gemara was why does he need a verse. When the Gemara explains in accordance with Rebbi Eliezer, it is saying that since Rebbi Eliezer holds that he can be Mefer her Nedarim in advance, therefore we need a verse to tell us that he cannot do it through a Shali'ach.

D. Zupnik

Asher Breatross asks again:

I am not sure I understand your answer. Rav Oshia is learning like

R' Eliezer that a husband can annul his wife's vows in advance. He
can also appoint an agent to do the same. But an agent cannot be
appointed because of the verse of Isha Yikimenu. Presumably R'
Eliezer accepts the limmud of Isha Yikimenu. How can can he allow an
agent to annul in advance? In other words how can we reconcile the
Shita of R' Eliezer with the verse of Isha Yikimenu? If he does not
accept this drasha this is why the Shaliach can be appointed in
certain circumstances. If he does accept the drasha then how can he
say that the Shaliach can be appointed?

It seems to me that Rav Oshia is retracting his view to learn like R' Eliezer.

Asher Breatross

The Kollel replies:

Rav Eliezer does not say that a Shaliach can be Mefer.

The Gemara assumed that if the husband can annul in advance, why should he bother to send a Shaliach. To that the Gemara counters that although he can annul in advance, maybe he wants to send a Shaliach. Therefore even according to Rav Eliezer we need a Pasuk to tell us that a Shaliach cannot be Mefer.