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)

(a)According to Rebbi Yishmael, if a widow or divorcee undertakes to become a Nazir after she is married, when she subsequently gets married, her husband may annul her Neder. Why is that?

(b)Who is the Tana who argues with Rebbi Yishmael?

(c)Rebbi Yishmael forbids a husband to annul the Neder, should his wife undertakes to become a Nazir after she is divorced. What does Rebbi Akiva say?

(d)What is the significance of the Siman 'Yud, Lamed, Lamed, Yud' in this regard?

1)

(a)According to Rebbi Yishmael, if a widow or divorcee undertakes to become a Nazir after she is married, when she subsequently gets married, her husband may annul her Neder - because he goes after the time when the Neder takes effect (rather than after the time of the declaration).

(b)The Tana who argues with Rebbi Yishmael is - Rebbi Akiva.

(c)Rebbi Yishmael forbids a husband to annul the Neder, should his wife undertakes to become a Nazir after she is divorced; Rebbi Akiva - permits him to.

(d)The key of the significance of the Siman 'Yud, Lamed, Lamed, Yud' is - that the 'Yud' stands for 'Yafer' and the 'Lamed' for 'Lo Yafer'. Consequently, in the Reisha of the Beraisa, which deals with a widow or divorcee who undertakes Nezirus for after her marriage, Rebbi Yishmael says 'Yafer', and Rebbi Akiva, 'Lo Yafer'; whereas in the Seifa which deals with a married woman who undertakes Nezirus for when she is divorced, Rebbi Yishmael says 'Lo Yafer', and Rebbi Akiva, 'Yafer'.

2)

(a)What does ...

1. ... Rebbi Yishmael learn from the Pasuk "v'Neder Almanah u'Gerushah"?

2. ... Rebbi Akiva learn from the Pasuk "Kol Asher Asrah al Nafshah"?

(b)According to Rav Chisda, the author of our Mishnah (which goes after the time of the declaration), is Rebbi Akiva. How does Abaye reconcile Rebbi Yishmael with our Mishnah?

(c)Like whom is the Halachah?

2)

(a)With regard to being Mefer the Neder ...

1. ... Rebbi Yishmael learns from the Pasuk "v'*Neder* Almanah u'Gerushah" - that we go after when the Neder takes effect.

2. ... Rebbi Akiva learns from the Pasuk "Kol Asher Asrah al Nafshah" - that we go after the time that the Neder is declared.

(b)According to Rav Chisda, the author of our Mishnah, which goes after the time of the declaration, is Rebbi Akiva. Abaye reconciles Rebbi Yishmael with our Mishnah - by differentiating between Rebbi Yishmael, who is speaking when she declared her Neder to take effect after she is either married or divorced, in which case her domain is bound to change between the time of the declaration and the time that it takes effect, and our Mishnah, where she made the Neder for thirty days time, in which case she could well remain in the same domain throughout. Consequently, Rebbi Yishmael may agree with Rebbi Akiva, that we go after the time of the declaration.

(c)The Halachah is - like Rebbi Akiva (who always goes after the time of the declaration).

3)

(a)We learned a Mishnah in the previous Perek 'Zeh ha'Klal, Kol she'Lo Yatz'ah li'Reshus Atzmah Sha'ah Achas, Avihah u'Ba'alah Mefirin Nedarehah'. Which case does 'Zeh ha'Klal' come to include?

(b)Why does the fact that she is in the company of the Chasan's Sheluchim not take her out of her father's domain completely?

(c)Our Mishnah concludes 'Zeh ha'Klal, Kol she'Yatz'ah li'Reshus Atzmah Sha'ah Achas, Eino Yachol Lehafer'. What does 'Zeh ha'Klal' come to include?

3)

(a)We learned a Mishnah in the previous Perek 'Zeh ha'Klal, Kol she'Lo Yatz'ah li'Reshus Atzmah Sha'ah Achas, Avihah u'Ba'alah Mefirin Nedarehah', which comes to include - when the girl's father or his Sheluchim are accompanying the girl together with the Chasan's Sheluchim to the Chupah.

(b)The fact that she is in the company of the Chasan's Sheluchim does not take her out of her father's domain completely - because as long as her father or his Sheluchim are still with her, she does not leave his domain (until she enters the Chupah).

(c)Our Mishnah concludes 'Zeh ha'Klal, Kol she'Yatz'ah li'Reshus Atzmah Sha'ah Achas, Eino Yachol Lehafer' - which comes to include when the girl's father or his Sheluchim have already handed her over to the Chasan's Sheluchim, in which case she has left her father's domain, and, as we learned earlier, a husband cannot annul the Nedarim that his wife declared before he married her.

4)

(a)Our Mishnah lists nine cases of a Neder made by a girl, which cannot be annulled. Under which combined heading do the following three really belong ...

1. ... 'Bogeres v'Hi Yesomah'; 'Na'arah u'Bagrah, v'Hi Yesomah'; 'Na'arah she'Lo Bagrah, v'Hi Yesomah'? What does 've'Hi Yesomah' mean?

2. ... 'Bogeres, u'Mes Avihah'; 'Na'arah Bogeres, u'Mes Avihah'; Na'arah she'Lo Bagrah, u'Mes Avihah'?

3. ... 'Na'arah she'Mes Avihah, 'u'mi'she'Mes Avihah, Bagrah'; 'Bogeres, v'Avihah Kayam'; 'Na'arah Bogeres, v'Avihah Kayam'?

(b)Which case does Rebbi Yehudah add to this list?

4)

(a)Our Mishnah lists nine cases of a Neder made by a girl, which cannot be annulled.

1. ... 'Bogeres v'Hi Yesomah'; 'Na'arah u'Bagrah, v'Hi Yesomah'; 'Na'arah she'Lo Bagrah, v'Hi Yesomah' - really belong under the heading 'Yesomah b'Chayei ha'Av'. 'v'Hi Yesomah' means that she was married but is now widowed or divorced.

2. ... 'Bogeres, u'Mes Avihah'; 'Na'arah Bogeres, u'Mes Avihah'; Na'arah she'Lo Bagrah, u'Mes Avihah' - belong under the heading 'Mes Avihah'.

3. ... 'Na'arah she'Mes Avihah, 'u'mi'she'Mes Avihah, Bagrah'; 'Bogeres, v'Avihah Kayam'; 'Na'arah Bogeres (meaning 'Nadrah k'she'Hi Na'arah, u'Bagrah'), v'Avihah Kayam' - belong under the heading 'Bagrah'.

(b)Rebbi Yehudah adds to this list - a girl whose father married her off when she was a Ketanah, and who subsequently became widowed or divorced when she was a Na'arah, or even a Ketanah.

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

5)

(a)According to Rav Yehudah Amar Rav, the author of our Mishnah is Rebbi Yehudah. What do the Chachamim say?

(b)Does Rebbi Yehudah (who divides them into nine categories) actually argue with the Chachamim?

5)

(a)According to Rav Yehudah Amar Rav, the author of our Mishnah is Rebbi Yehudah. The Chachamim say - that there are three categories of girls whose Nedarim stand: a Bogeres, a Yesomah and a Yesomah during her father's lifetime.

(b)Rebbi Yehudah (who divides them into nine categories) - does not actually argue with the Chachamim. He merely subdivides the three categories into nine.

6)

(a)Our Mishnah states 'Konam she'Eini Neheneh l'Aba ul'Avicha Im Osah Ani al Picha ... , Harei Zeh Yafer'. In view of the Mishnah earlier which rules 'Konam she'Eini Osah al Pi Aba v'al Pi Avicha ... Eino Yachol Lehafer', why does our Tana permit him to annul this Neder?

(b)Why does the Tana then find it necessary to add the reverse case 'Konam she'Eini Nehenis Lach im Osah Ani al Pi Aba v'al Pi Avich, Harei Zeh Yafer'?

(c)Then why is he permitted to annul it?

(d)What is the ultimate Chidush of our Mishnah?

6)

(a)In spite of the Mishnah earlier 'Konam she'Eini Osah al Pi Aba v'al Pi Avicha ... Eino Yachol Lehafer', our Mishnah rules 'Konam she'Eini Neheneh l'Aba ul'Avicha im Osah Ani al'Picha ... , Harei Zeh Yafer' - because it is a disgrace for her to become forbidden to benefit her father or her husband, turning it into Devarim she'Beino l'Veinah.

(b)The Tana finds it necessary to add the reverse case 'Konam she'Eini Nehenis Lach im Osah Ani al Pi Aba v'al Pi Avich, Harei Zeh Yafer' - because unlike the first case (where both the Neder and the condition forbid her father to benefit from her), the condition does not directly forbid him to benefit from her, in which case we might have thought that her husband is not allowed to annul the Neder.

(c)He is nevertheless permitted to annul it - because it is impossible to avoid her or his father deriving benefit from her.

(d)The ultimate Chidush of our Mishnah is - that a husband can annul his wife's Nedarim even before the Isur has actually taken effect.

7)

(a)Rebbi Nasan in a Beraisa, argues with the Chachamim (and with our Mishnah). He holds 'Lo Yafer'. What is his reason?

(b)The Beraisa also presents two cases. The first case is 'she'Eini Nehenis l'Aba ul'Avicha'. What is the second?

(c)In which way is ...

1. ... the former case a bigger Chidush, according to the Chachamim?

2. ... the latter case a bigger Chidush, according to Rebbi Nasan?

7)

(a)Rebbi Nasan in a Beraisa, argues with the Chachamim (and with our Mishnah). He holds 'Lo Yafer' - because in his opinion, a husband cannot annul his wife's Neder as long as the Isur has not yet come into effect.

(b)The Beraisa also presents two cases, the first of them is 'she'Eini Nehenis l'Aba ul'Avicha' - the second; 'Netulah Ani min ha'Yehudim im Meshamshasecha'.

(c)The ...

1. ... former case is a bigger Chidush according to the Chachamim - inasmuch as the Neder is a case of Inuy Nefesh, whereas the condition is one of Beino l'Veinah, and we might have thought that the Rabanan will agree with Rebbi Nasan that a husband cannot annul a Neder where the Neder itself and the condition speak in two different cases, and when the Isur has not yet have taken effect.

2. ... latter case is a bigger Chidush according to Rebbi Nasan - inasmuch as she is immediately forbidden Tashmish with her husband (because it will cause her to become forbidden to him), which is Devarim she'Beino l'Veinah, and in addition, the Neder and the condition pertain to the same case. Consequently, we might have thought that Rebbi Nasan will agree with the Rabanan that he can annul it. even though the Isur has not yet taken effect.

8)

(a)What happened with that man who forbade himself any benefit if he got married before he had studied Torah?

(b)Why did Rav Acha bar Rav Huna talk him into getting married before having his Neder annulled?

(c)And why did he then smear his clothes with cement, before taking him to Rav Chisda to annul his Neder?

(d)What does Rava say to explain that Rebbi Nasan and the Rabanan's dispute refers to the Hafaras Nedarim of a husband (or a father), whereas the current case pertains to Hataras Nedarim?

8)

(a)That man who forbade himself any benefit if he got married before he had studied Torah - took his stick and his satchel and went to learn, but did not succeed in his learning (see also Rosh).

(b)Rav Acha bar Rav Huna talked him into getting married before having his Neder annulled - in order to accommodate the opinion of Rebbi Nasan, who holds that a Neder cannot be annulled before the Isur has come into effect.

(c)He then smeared him with cement, before taking him to Rav Chisda to annul his Neder - in order to demonstrate how much he needed to come on to people for help, since already now he needed them to help wash the cement from his clothes.

(d)Rava explains that, even though Rebbi Nasan and the Rabanan's dispute refers to the Hafaras Nedarim of a husband (or a father), whereas the current case pertains to Hataras Nedarim - Rav Acha bar Huna holds that their Machlokes extends to Hataras Nedarim too.

9)

(a)In the previous case, why did Rava praise Rav Acha bar Huna?

(b)Can we extrapolate from there that Rav Acha bar Huna holds like Rebbi Nasan?

9)

(a)In the previous case, Rava praised Rav Acha bar Huna - because he organized the case so deftly before taking the man to Rav Chisda.

(b)We cannot extrapolate from there that Rav Acha bar Huna holds like Rebbi Nasan - because it may well be that he only did what he did in order to accommodate Rebbi Nasan's opinion, as we explained, even though he does not really hold like him.

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