POINT BY POINT SUMMARY
Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Nedarim 74
1) ANNULMENT OF A YEVAMAH'S VOWS
(a) (Mishnah - R. Eliezer): A Shomeres Yavam, whether there
is 1 Yavam or 2, the Yavam can annul her vows;
(b) R. Yehoshua says, if there is 1 Yavam, he can annul her
vows; if there are 2, neither can annul them;
(c) R. Akiva says, whether there is 1 Yavam or 2, he cannot
annul her vows.
1. R. Eliezer: If a husband can annul the vows of a
woman he married himself - all the more so, of a
woman acquired to him at the hands of Heaven (i.e.
through the death of his brother)!
(d) (Gemara): We understand R. Akiva - he holds, there is no
Zikah (a Shomeres Yavam is not considered as partially
married to the Yavam);
2. R. Akiva: No - a husband can annul his wife's vows
because she is special to him and to no one else;
you cannot learn to a Yevamah, for other (Yevamim)
have a connection to her!
3. R. Yehoshua: R. Akiva - your objection only applies
when there are 2 Yevamim, not when there is only 1!
4. R. Akiva: A Yevamah is not acquired to her Yavam as
fully as a wife is to her husband.
(e) We understand R. Yehoshua - he holds, there is Zikah;
(f) Question: What is R. Eliezer's reason?
1. Even if he holds that there is Zikah - there is not
Breirah (retroactive clarification, i.e. we cannot
say that she is already considered partially married
to the Yavam that will later do Yibum)!
(g) Answer (R. Ami): R. Eliezer holds as Beis Shamai, who say
that a Ma'amar (engagement of a Yevamah) fully acquires
1. R. Yehoshua says, this only applies when there is 1
(h) Question: According to (the Amora) R. Elazar, who says
that Beis Shamai say that a Ma'amar does not fully
acquire a Yevamah, it merely eliminates Zikah to the
other brothers - how can he explain R. Eliezer?
i. (If Reuven gave a Ma'amar to his Yevamah, and
he has a brother Shimon - ) since Shimon could
have relations with or give a Get to the
Yevamah, which would forbid her to Reuven, it
cannot be that Reuven can annul her vows!
2. R. Akiva holds, there is no Zikah.
(i) Answer: The case is, Beis Din ruled that the Yavam must
feed her; R. Eliezer holds as Rav Pinchas.
1. (Rav Pinchas): A woman always intends that her vows
should be valid only if her husband consents to it.
(j) (Mishnah): R. Eliezer: If a husband can annul the vows of
a woman he married himself - all the more so, of a woman
acquired to him at the hands of Heaven!
2) DOES A MA'AMAR MAKE NISU'IN?
(k) Question (against R. Ami): If the case is, he gave her a
Ma'amar - he acquired her himself!
(l) Answer: He acquired her himself, through the hands of
(a) Suggestion: We can resolve Rabah's question.
1. Question (Rabah): According to Beis Shamai, does a
Ma'amar make engagement or Nisu'in?
(b) Rejection (Rav Nachman b'Rebbi Yitzchak): We can say, it
makes engagement - when R. Eliezer said that he can
annul, he meant, together with the father.
2. If it only makes engagement, he would not be able to
i. (Mishnah): The vows of an engaged Na'arah can
be annulled by her father and husband
(c) A Beraisa supports R. Ami.
1. (Beraisa): A Shomeres Yavam, whether there is 1
Yavam or 2 - R. Eliezer says, he can annul her vows;
R. Yehoshua says, if there is 1 Yavam he can annul;
if there are 2, they cannot annul; R. Akiva says, in
either case he cannot annul.
i. R. Eliezer: A (standard) wife was not acquired
at all to her husband before he engaged her -
after marriage, the acquisition is completed
(and he may annul her vows);
2. Ben Azai: What a shame, that I did not serve (to
learn from such a Chacham as) R. Akiva!
A. A Yevamah that was partially acquired to her
Yavam before he acquired her - all the more so,
when she enters his domain, the acquisition is
ii. R. Akiva: No - you cannot learn from a husband,
for just as he had no attachment to her (before
engagement), no one else did, either;
A. A Yevamah was partially acquired to her Yavam
by Heaven - she was also partially acquired to
iii. R. Eliezer: R. Akiva - your objection only
applies when there are 2 Yevamim, not when
there is only 1!
iv. R. Akiva: We do not distinguish (regarding
other laws), whether there is 1 Yavam or 2,
whether he gave a Ma'amar or not; annulment of
vows is as other laws!