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Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 73

NEDARIM 73 (Rosh Hashanah) - dedicated by Mrs. G. Turkel (Rabbi Kornfeld's grandmother), an exceptional woman who accepted all of Hashem's Gezeiros with love and who loved and respected the study of Torah. Tehei Nafshah Tzerurah bi'Tzror ha'Chaim.

1) ANNULMENT OF A VOW WITHOUT HEARING IT

(a) Rejection: The case is, he said that the vow will be annulled when he hears it.
1. Question: If so, why is he saying this now - let him annul the vows when he hears them!
2. Answer: He is concerned, perhaps he will be distracted when he hears them, and will forget to annul them.
(b) Question (Rami Bar Chama): Can a deaf man annul his wife's vows?
1. Perhaps a (hearing) husband can annul his wife's vows without hearing them, because he is capable of hearing them, but a deaf man cannot annul, for he is incapable of hearing them, as R. Zeira's law.
i. (R. Zeira): Any (flour-offering) that (is small enough that it) could be kneaded, it is valid even if it was not kneaded; but if it could not be kneaded, the fact that it was not kneaded invalidates it.
2. Or, perhaps there is never a need for the husband to hear it.
(c) Answer (Rava - Beraisa): "And her husband heard" - to exclude the wife of a deaf man.
(d) Question: Can a man annul the vows of his 2 wives at once?
1. "He will annul Osah (her - singular) (vow)" - does this come to teach that he can only annul 1 wife at a time, or not?
(e) Answer (Ravina - Beraisa): We do not give 2 Sotos to drink at the same time, since when 1 sees the other drink, it will embrazen her, and she will not confess;
1. R. Yehudah says, this is not the reason - rather, because it says "He will give Osah (her - singular) to drink" - alone.
i. (We see that R. Yehudah would not allow annulling 2 wives at once; the 1st Tana would.)
73b---------------------------------------73b

2) ANNULMENT DURING ENGAGEMENT

(a) (Mishnah - R. Eliezer): A Bogeres that has waited 12 months since engagement (for Nisu'in), or a widow that has waited 30 days - since her husband must feed her, he may annul her vows;
(b) Chachamim say, he cannot annul until she enters his domain (Nisu'in).
(c) (Gemara - Rabah): R. Eliezer and the original Mishnah (regarding Kesuvos) must agree with each other.
1. (Mishnah): A virgin is given 12 months from engagement to prepare for Nisu'in; after this time (if her husband failed to make Nisu'in), he must feed her, and she may eat Terumah (if he is a Kohen);
i. If she is Shomeres Yavam to a Kohen, this does not permit her to eat Terumah;
2. If 12 months have passed from the engagement - whether her (engaged) husband died near the beginning, middle, or near the end (and she waited the rest of the time for the Yavam to do Yibum), she does not eat Terumah;
3. All this is according to the original Mishnah; later sages ruled that a Kohen's wife may not eat Terumah until the Chupah.
(d) Objection (Abaye): Perhaps R. Eliezer and the original Mishnah do not agree to each other!
1. Perhaps the original Mishnah only allows her to eat Rabbinic Terumah - but it would not allow him to annul her vows before Chupah, for this is a Torah law!
2. Or - perhaps R. Eliezer only allows him to annul her vows before Chupah because of Rav Pinchas' law - but he would not allow her to eat even Rabbinic Terumah!
i. (Rav Pinchas): A woman always intends that her vows should be valid only if her husband consents to it.
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