1)

QUESTIONABLE EXPRESSIONS OF ANNULMENT (cont.)

(a)

Question #2: If you will say that it is not annulled, if he said 'it is annulled tomorrow', what is the law?

1.

Do we say that he cannot annul tomorrow, for he affirmed today?

2.

Or, since he did not say that he affirms today, he really means that he annuls today?

(b)

Question #3: If you will say that since he affirmed it today, it is as if the vow persists tomorrow, what if he said 'it is affirmed for an hour'?

1.

Is it as if he said 'it is annulled after an hour'?

2.

Or, it is not, for he did not say this explicitly?

(c)

Question #4: If we do not consider it as if he said 'it is annulled after an hour', what if he explicitly said so ('it is affirmed for an hour, and then annulled')?

1.

Once he affirmed it, it is affirmed;

2.

Or, since the whole day he can affirm or annul, it is annulled?

(d)

Answer (Mishnah): If a woman said 'I am a Nezirah' and her husband said 'also I', he cannot annul her Nezirus;

1.

Question: Why don't we say that he affirmed her Nezirus only for a short time, for the sake of Hatfasah (to make himself a Nazir like her), and later he can annul it if he wants?

2.

Answer #1: This teaches that once he affirms it (even for a short time), it is affirmed.

(e)

Rejection (and Answer #2): Saying 'also I' shows that he wants to permanently affirm her Nezirus.

2)

WHEN THE FATHER OR ARUS DIES

(a)

(Mishnah): If the father (of a Na'arah Me'orasah) dies, the Arus does not receive authority to annul her vows (by himself);

(b)

If the Arus dies, the father receives authority to annul her vows (by himself). In this respect, a father has more privileges to annul than a husband does.

1.

Regarding a Bogeres, a husband has more privileges. He can annul her vows, but a father cannot.

(c)

(Gemara) Question: Why doesn't the husband get authority to annul after the father dies, just like the father gets after the husband dies?

(d)

Answer: (Even if her father died, she is considered) "a Na'arah in her father's house."

(e)

(Mishnah): If the husband dies, the father receives authority to annul her vows.

(f)

Question: What is the source for this?

(g)

Answer (Rabah): "If Hayo Tihyeh (she will be Mekudeshes) to a man, and her vows are on her" equates her vows before her second Kidushin to her vows before her first;

70b----------------------------------------70b

1.

Just like the father can annul vows (by himself) before her first Kidushin, he can also do so (after she was widowed and) before her second Kidushin.

(h)

Question: Perhaps this applies only to vows that her husband did not hear!

(i)

Answer: Those vows we already know from "when she is a Na'arah, in her father's house."

(j)

(Mishnah): Regarding a Bogeres, a husband has more privileges. (He can annul her vows, but a father cannot.)

(k)

Question: What is the case?

1.

Suggestion: He was Mekadesh her during Na'arus, and she became a Bogeres.

2.

Rejection: When the father dies, she leaves his Reshus (jurisdiction), but the husband does not get authority to annul her vows alone. The same applies when she becomes a Bogeres!

(l)

Answer: Rather, he was Mekadesh her after Bagrus.

(m)

Question: We already learned this (in another Mishnah)!

1.

(Mishnah #1): If a Bogeres waited 12 months (during Eirusin, the Arus can annul her vows. Chachamim disagree, but all could agree that mid'Oraisa, he can annul!)

2.

Question: The Mishnah itself is difficult!

i.

If she is a Bogeres, why must she wait 12 months? A Bogeres gets only one month to prepare for Nisu'in!?

3.

Answer: The Mishnah means, a Bogeres or a girl who waited 12 months...

(n)

Question (m) is still unanswered. We already learned the case of a Bogeres!

(o)

Answer #1: Our Mishnah is primary. Mishnah #1 teaches that (this is not unanimous, for) R. Eliezer and Chachamim argue about this.

(p)

Answer #2: Mishnah #1 is primary. Our Mishnah merely shows that sometimes the husband has more authority to annul.

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