NEDARIM 89 (6 Elul) - Dedicated in memory of Rivka bas Yechezkel Pinker, who passed away on 6 Elul 5767, on the occasion of her Yahrzeit. Sponsored by her children, grandchildren and great-grandchildren, all of whom live in Eretz Yisrael.

1)VOWS THAT CANNOT BE ANNULLED

(a)(Mishnah) Question: When does "the vow of a widow or divorcee will stand" apply?

(b)Answer: If a single girl vowed to be a Nezirah after 30 days, even if she married within the 30 days, her husband cannot annul the vow.

(c)If she vowed while married, he can annul her vow.

(d)If she said 'I will be a Nezirah after 30 days' (and her husband annulled the vow), even if she was widowed or divorced in the 30 days, the vow is annulled.

(e)If she vowed, was divorced, and remarried her husband on the same day, he cannot annul her vow.

1.The rule is - if she ever entered her own Reshus, her vow cannot be annulled.

(f)(Gemara - Beraisa - R. Yishmael): If a widow or divorcee vowed 'I will be a Nezirah when I marry', and she remarried, her husband can annul the vow;

(g)R. Akiva says, he cannot;

1.A way to remember the opinions in this Beraisa is 'Yaleli' (Yud, Lamed, Lamed, Yud - Yafer (can annul), Lo Yafer (and in the continuation) Lo Yafer, Yafer).

(h)(Continuation of Beraisa - R. Yishmael): If a woman vowed 'I will be a Nezirah when I get divorced' and she was divorced, her husband cannot annul the vow;

(i)R. Akiva says, he can.

1.R. Yishmael: "The vow of a widow or divorcee (will stand)" applies only if the vow takes effect when she is a widow or divorcee!

2.R. Akiva: "Everything she forbade on herself (will stand)" applies only if she forbids herself (vows) when she is a widow or divorcee!

(j)(Rav Chisda): Our Mishnah is like R. Akiva.

(k)Objection (Abaye): Our Mishnah can even be like R. Yishmael.

1.In the Mishnah, the vow is contingent on days (it will take effect in 30 days). In the Beraisa, it is contingent on marriage.

2.When the vow is contingent on days, since it is possible that the days will expire before she gets married or divorced, R. Yishmael agrees that her status (married or single) at the time determines whether or not it may be annulled.

(l)The Mishnah of a Na'arah Me'orasah gave a Klal (if she never entered her own Reshus, her father and last husband annul her vows). It includes the case where the father or his messengers accompanied his daughter with the husband's messengers (on her way to Nisu'in);

(m)The Klal of our Mishnah (if she ever entered her own Reshus, her vows cannot be annulled) includes when the father or his messengers gave his daughter to the husband's messengers.

1.This is because a husband cannot annul vows that preceded the marriage.

2)VOWS THAT CANNOT BE ANNULLED

(a)(Mishnah): There are nine cases of girls whose vows cannot be annulled:

1.A Bogeres that vowed, and she was orphaned (her father died; Ran - she became an orphan in her father's lifetime, i.e. she was fully married, and left her father's Reshus);

2.A Na'arah vowed, she became a Bogeres, and was orphaned;

89b----------------------------------------89b

3.A Na'arah vowed, and was orphaned;

4.A Bogeres vowed, and her father died;

5.A Na'arah vowed, she became a Bogeres, and her father died;

6.A Na'arah vowed, and her father died;

7.A Na'arah vowed, her father died, and she became a Bogeres;

8.A Bogeres vowed, and her father is alive;

9.A Na'arah vowed, she became a Bogeres, and her father is alive;

(b)R. Yehudah says, even if her father married her off when she was a minor, she was widowed or divorced, and she returned to her father, she still is (like) a Na'arah (her father can annul her vows. This is like our text, and of the Gra. Tosfos and Ran's text - and she is still a Na'arah. (She is like an orphan in her father's lifetime. This is a 10th case in which her vows stand.))

(c)(Gemara - Rav Yehudah) Version #1 (Tosfos, Ran): R. Yehudah counts all these cases separately, but Chachamim say that there are only three categories: a Bogeres, an orphan, and an orphan in her father's lifetime.

(d)Version #2 (Gra): R. Yehudah says there are only two cases of a Na'arah whose vows cannot be annulled, but Chachamim add a third case. All agree about when she became a Bogeres or an orphan. Chachamim add an orphan in her father's lifetime.

3)ANNULMENT BEFORE THE VOW TAKES EFFECT

(a)(Mishnah): If a woman vowed to her husband 'I am forbidden to benefit from my father or your father if I benefit you'; or, 'I am forbidden to benefit from you if I benefit my father or your father', he can annul it.

(b)(Gemara - Beraisa - R. Nasan): If she said 'I am forbidden to benefit from my father or your father if I benefit you', he cannot annul this;

(c)Chachamim say, he can annul;

(d)R. Nasan says, If she said 'I am forbidden to have Bi'ah with Yisraelim if I have Bi'ah with you', he cannot annul this;

(e)Chachamim say, he can annul it.

(f)A man forbade himself to benefit from the world if he marries before learning. He tried, but was unable to learn. Rav Acha bar Rav Huna tricked him into marrying; he tarred him (Rosh - so he will not get any pleasure; Ran - so he will realize that he needs to benefit from people, to launder his clothes) and brought him to Rav Chisda.

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