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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!"


OPINIONS: The Gemara records a Machlokes between Rebbi Nasan and the Chachamim regarding whether the husband may annul a Neder that his wife made but that has not yet taken effect. The RAN (end of 90a) cites differing opinions regarding which Nedarim are subject to this Machlokes between Rebbi Nasan and the Chachamim. One opinion maintains that the Machlokes applies only when the Neder was made with a Tenai, contingent upon some other event occurring. However, if the Neder is merely time-delayed, then even Rebbi Nasan admits that it is considered as if the Neder has already taken effect and it may therefore be annulled. Another opinion maintains that even if it is merely a matter of time (for example, she said that she wants the Neder to take effect after a certain period of time has passed), Rebbi Nasan still maintains that the husband cannot annul the Neder.

In addition to the question of what is keeping the Neder from taking effect presently, there is another question of what *type* of conditional Neder may the husband annul.

(a) The RAN at the beginning of this Perek (80a) writes that even the Chachamim do not allow the husband to be Mefer every Neder which is made with a Tenai, even if the eventual Neder involves Inuy Nefesh. He stipulates that in order for the Neder to be able to be annulled by the husband, the Neder must meet one of the following criteria:
1. The Tenai must entail Inuy Nefesh as well (like the Neder of "Netulah Ani Min ha'Yehudim Im Eshamshach," where fulfilling the Tenai also involves Inuy Nefesh). (The same applies if the Tenai involves Devarim she'Beino l'Veinah; see Ran on the Mishnah, 89b.)

2. It is unlikely that she will be able to keep the condition. In such a case it is as if there is already Inuy Nefesh. In this category falls the Neder of the Mishnah, "I should become Asur to your Hana'ah if I serve my father;" in that case, it is assumed that she will not be able to keep the condition.

3. It is not up to her to keep the condition. Into this category fall all Nedarim which are to take effect if she is divorced. Since he may divorce her at will, she is no longer in control of the Neder and it is considered as if it has already taken effect.

Nedarim not meeting any one of the above criteria cannot be annulled until they actually take effect, even according to the Chachamim.

(b) The RAMBAM (Hilchos Nedarim 12:12) does not make the above distinctions. It seems that he is of the opinion that the husband may always be Mefer a contingent Neder, notwithstanding the nature of the Tenai.

(c) The TUR (YD 234) writes regarding the cases of the Mishnah -- where the woman either prohibits upon herself the Hana'ah of the husband if she serves her father, or the converse, where she prohibits herself to her father if she serves her husband -- that both of these Nedarim fall into the category of Devarim she'Beino l'Veinah. The first case is Beino l'Veinah because it causes embarrassment to the husband that she is not allowed to serve her father. The second case is Beino l'Veinah because it causes him embarrassment that by serving him she becomes prohibited to her father. From the Tur we see that the Tenai must also entail Devarim she'Beino l'Veinah in order for the husband to be able to be Mefer the Neder, even if the Neder itself is of the type that he can be Mefer.


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