REVACH L'DAF
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| NEDARIM 89 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah. |
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SUMMARY
If a woman says that she will be a Nezirah in thirty days her husband may annul the Neder even if she is widowed or divorced within thirty days.
If a woman makes a Neder and she subsequently gets divorced and remarried on the same day her husband may not annul the Neder. (1)
If a widow or divorcee says that she will be a Nazir when she gets married, Rebbi Yishmael says that her husband may annul the Neder, but Rebbi Akiva argues.
If a married woman says that she will be a Nezirah when she is divorced, Rebbi Akiva says that her husband may annul the Neder, but Rebbi Yishmael argues.
If the father or his Sheluchim accompanied the Sheluchim of the husband, the daughter remains in the Reshus of her father and her Nedarim are annulled by both the father and husband.
If the father or his Sheluchim gave over the daughter to the Sheluchim of the husband the Nedarim are annulled by the husband alone.
If a girl is a Bogeres, or an orphan, or an orphan during the lifetime of her father, her father may not annul her Neder. (2)
If a woman makes a Neder that she will not benefit from her father or father-in-law if she does work for her husband, he may annul her Neder. (3)
If a woman makes a Neder that she will not benefit from her husband if she does work for her father or father-in-law he may annul her Neder.
If a woman makes a Neder that she is Netulah from Yehudim if she has marital relations with her husband he may annul her Neder. (4)
A BIT MORE
1. Even if she remarried the same person her husband may not annul her Neder.
2. If she was married and subsequently widowed or divorced she is regarded as an orphan in the lifetime of her father because once she is married she is permanently out of the Reshus of her father.
3. Rebbi Nasan holds that he may not annul the Neder because as long as the Neder has not gone into effect he may not annul the Neder.
4. Rebbi Nasan holds that he may not annul the Neder.
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BRIEF INSIGHT
NEDER OF A WIDOW
If a widow or divorcee says that she will be a Nezirah when she gets married, Rebbi Yishmael says that her husband may annul the Neder, but if a married woman says that she will be a Nezirah when she is divorced Rebbi Yishmael says that her husband may not annul the Neder. The Chasam Sofer says that Rebbi Yishmael holds that it is a Sevara that the time when the Neder goes into effect is what the husband is Makpid on, not on the actual statement of the Neder. Therefore the Sevara dictates that since the husband is only Makpid on the Neder going into effect, not on the statement of the Neder he may only annul the Neder if it goes into effect sometime during the marriage. Although Rebbi Yishmael learns the Din from a Pasuk it is principally learned from a Sevara and the Pasuk is only brought to counter the Pasuk of Rebbi Akiva.
QUICK HALACHAH
MESIRAH OR HALACHAH
If the father or his Sheluchim accompanied the Sheluchim of the husband to bring her to the Chupah the daughter remains in the Reshus of both of them regarding the annulment of Nedarim.
If the father or his Sheluchim gave over the daughter to the Sheluchim of the husband she is no longer in the Reshus of the father. According to some opinions even though she is no longer in the Reshus of the father the husband may not annul her Nedarim until the Chupah. (Shulchan Aruch YD 234:8)
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Index to Revach for Maseches Nedarim
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