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


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Nedarim 89

NEDARIM 89 (Oct. 16) - Dedicated in honor of the 50th anniversary of Alice and Tuli Bodner by Mr. and Mrs. David Kornfeld and their children; Mordecai and Ayeleth, Elimelech and Naomi. May the Bodners continue to enjoy much Nachas and Berachah from their wonderful children and grandchildren, and soon b'Ezras Hashem from great-grandchildren, and may they experience many more years of good health and joy together, "til 120!"

1) VOWS THAT CANNOT BE ANNULLED

(a) If she vowed while married, he can annul her vow.
1. 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.
(b) 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 jurisdiction, her vow cannot be annulled.
(c) (Gemara - Beraisa - R. Yishmael): A widow or divorcee that vowed 'I will be a Nezirah when I marry', and got married - her husband can annul the vow; R. Akiva says, he cannot;
1. A way to remember the opinions in this Beraisa - Yaleli (Yud, Lamed, Lamed, Yud - Yafer (can annul), Lo Yafer, Lo Yafer, Yafer).
(d) A wife that vowed 'I will be a Nezirah when I get divorced', and got divorced - her husband cannot annul the vow; R. Akiva says, he can.
1. R. Yishmael: "The vow of a widow or divorcee (will stand)" - this only applies if the vow takes effect when she is a widow or divorcee!
2. R. Akiva: "Everything she prohibited on herself (will stand)" - this only applies if she prohibits herself when she is a widow or divorcee!
(e) (Rav Chisda): Our Mishnah is as R. Akiva.
(f) (Abaye): Our Mishnah can even be as R. Yishmael.
1. In the Mishnah, the vow is contingent on days (it will take effect in 30 days); in the Beraisa is different, it is contingent on marriage.
i. When the vow is contingent on days, since it is possible that the days will expire before she gets married or divorced, R. Yishmael admits that it may only be annulled if she was married when she vowed.
(g) The Mishnah of an engaged Na'arah gave a general rule (if she never entered her own jurisdiction, her father and last husband annul her vows) - it includes the case where the father or his representatives accompanied his daughter with the husband's representatives (on her way to Nisu'in);
(h) The general rule of our Mishnah (if she ever entered her own jurisdiction, her vows cannot be annulled) includes the case where the father or his representatives gave his daughter to the husband's representatives.
1. This is because a husband cannot annul vows that preceded the marriage.
2) VOWS THAT CANNOT BE ANNULLED
(a) (Mishnah): There are 9 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 jurisdiction);
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 as a minor, she was widowed or divorced, and she returned to her father, and she is still a Na'arah (the Rishonim's text; our text is as the Gra - she still is (has the law of) a Na'arah i.e., her father can still annul her vows).
(c) (Gemara - Rav Yehudah) Version #1 (according to the Rishonim): R. Yehudah counts all these cases separately, but Chachamim say, there are only 3 categories: a Bogeres, an orphan, and an orphan in her father's lifetime.
(d) Version #2 (Gra) - R. Yehudah says there are only 2 cases of a Na'arah whose vows cannot be annulled, but Chachamim add a 3rd case. All agree 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): A wife 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 may annul the vow.
(b) (Gemara - Beraisa): 'I am forbidden to benefit from my father or your father if I benefit you' - R. Noson says, he cannot annul this; Chachamim say, he can;
1. 'I am forbidden to have relations with Jews if I have relations with you' - R. Noson says, he cannot annul this; Chachamim say, he can;
(c) A man forbade himself to benefit from the world if he marries before learning laws. He tried, but was unable to learn. Rav Acha Bar Rav Huna tricked him into marrying; he tarred him (so he should not have any pleasure) and brought him to Rav Chisda.
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