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


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Nedarim 90

1) ANNULMENT BEFORE A VOW TAKES EFFECT

(a) Rava: Only Rav Acha Bar Rav Huna is wise enough to do such a thing!
1. Rav Acha holds that Chachamim and R. Noson argue both by annulment (of a husband) and permission (of a Chacham, through regret of the one who vowed; therefore, he had to make the vow take effect before it could be permitted).
(b) (Rav Papi): They only argue by annulment.
1. R. Noson's opinion is hinted at by "v'Chafrah (will be ashamed, the worshippers of) the moon" - by substitution of a letter, this may be read v'Hafrah (will annul; this may only be done after the person has done something akin to building a (forbidden) private altar, i.e. his vow took effect);
2. Chachamim learn from "(Hash-m) annuls the thoughts of the crafty" - annulment may be done before the vow takes effect;
3. All agree that a Chacham cannot permit a vow before it takes effect - "He will not profane his word".
(c) Suggestion: A Beraisa supports Rav Papi.
1. (Beraisa): 'I am forbidden to benefit from Ploni; also, from a Chacham that will permit that vow' - a Chacham may permit the 1st vow, and then the 2nd.
i. If a Chacham could permit a vow before it takes effect - either vow could be permitted first!
(d) Rejection: This is no support - 'the 1st vow' may refer to the 1st he permits, but it may be either vow!
(e) Suggestion: A Beraisa supports Rav Papi.
1. Beraisa: 'I will not benefit from Ploni; I am a Nazir when I have a Chacham permit my vow' - a Chacham may permit the vow, and then the Nezirus.
i. If a Chacham could permit a vow before it takes effect - either vow could be permitted first!
(f) Rejection: This is no support - the Beraisa may be as R. Noson, but Chachamim would argue.
(g) (Ravina, in the name of Rav Papi): They only argue by annulment, but all agree that a Chacham can permit a vow before it takes effect - "He will not profane his (own) word (but others may, even though it is a mere word, i.e. has not taken effect)".
90b---------------------------------------90b

1. Ravina would say that there was no such case (that Rav Acha Bar Rav Huna tricked a man that vowed...).
(h) Question (Beraisa): 'I am forbidden to benefit from Ploni; also, from a Chacham that will permit that vow' - a Chacham may permit the 1st vow, and then the 2nd.
i. If a Chacham could permit a vow before it takes effect - either vow could be permitted first!
(i) Answer: 'The 1st vow' refers to the 1st he permits, but it may be either vow!
(j) Question (Beraisa): 'I will not benefit from Ploni; I am a Nazir when I have a Chacham permit my vow' - a Chacham may permit the vow, and then the Nezirus.
1. If a Chacham could permit a vow before it takes effect - either vow could be permitted first!
2. Ravina is refuted.
2) A WIFE THAT CLAIMS TO BE FORBIDDEN
(a) (Mishnah): At first, if a woman said any of these 3 things to her husband, Beis Din would force him to divorce her and pay her Kesuvah:
1. I was defiled, so I am forbidden to you;
2. Heaven (may judge) between me and you (that you cannot have children);
3. I forbid myself to have relations with any Jew.
(b) The law was revised, so women should not use these claims in order to marry someone else:
1. If she says 'I was defiled' - she is not believed without proof;
2. 'Heaven is between me and you' - we use the method of request (he should try to appease her);
3. 'I forbid myself to have relations with any Jew' - the husband annuls the part of the vow relevant to himself, and she is forbidden to all other men.
(c) (Gemara) Question: If she says 'I was defiled' - may she eat Terumah (according to the revised law)?
(d) Answer #1 (Rav Sheshes): Yes, in order that people should not think that she was defiled and say that her children are Chalalim (disqualified from Kehunah).
(e) Answer #2 (Rava): No - people will think this is why she is not eating Terumah.
1. Rav Sheshes admits that she may not eat if she was widowed (Tosfos - or divorced).
i. Since she ate during the marriage, people will assume that she was defiled afterwards.
(f) Question (Rava): A Kohen's wife was raped - does she receive her Kesuvah?
1. Since a Kohen's wife being raped is as a Yisrael's wife having adultery willingly, she does not;
2. Or, she can say, intrinsically, I am permitted to my husband - it is his bad fortune that he is a Kohen and is forbidden to me.
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