Nedarim Chart #8
Chart for Nedarim Daf 67b
THE SOURCE THAT THE FATHER AND HUSBAND TOGETHER
MUST ANNUL THE NEDER OF A "NA"ARAH HA'ME'URASAH"
|THE HALACHAH||THE SOURCE|
|KIYUM (upholding the Neder)|
|1||The husband can uphold the Neder||"Her husband heard... and he was silent, and [thus] her Nedarim are upheld" (Bamidbar 30:8)|
|2||The father can uphold the Neder||Based on logic: Since she is not yet fully withdrawn from the domain of her father, he should be able to at least uphold her Nedarim.|
|BITUL (annulling the Neder)|
|3||The husband can annul the Neder (with the father) (1)||If the husband cannot annul the Neder but only the father can, the Torah should have described the father's right to annul Nedarim only with regard to Na'arah ha'Me'urasah. We would then derive via a Kal v'Chomer that the father can annul the Neder of his not-yet-betrothed daughter.|
|4||The father can annul the Neder (with the husband)||We find that a full-fledged husband (with Nisu'in) cannot annul his wife's pre-existing Nedarim while an Arus can. The only logical justification for this is that the Arus must annul the Neder together with the father. Since the father can annul pre-existing Nedarim (2), the Arus, too, is able to annul them.|
(1) The Ran writes that this law cannot be derived directly from the words in the verse. Perhaps the verse is not teaching that the husband's annulment can successfully remove his wife's vow, but rather it is teaching that if he does not express his discontent with her Neder on the day that he hears it, he has upheld it.
(2) With regard to the father, the Nedarim that the woman had before she became betrothed are not "Kodmin" (prior to her entering his Reshus), because she was always in his Reshus.