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of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Nedarim 71

NEDARIM 71 - has been dedicated to the memory of Kodesh ben Simcha Gedaliah, who completed his mission on this world in but a few weeks.


(a) (Mishnah): An engaged girl vowed; she was divorced that same day, and got engaged again the same day - even if she remarried 100 times that day, her father and the last husband annul her vows;
(b) The rule is, as long as she was never under her own jurisdiction, her father and the last husband annul her vows.
(c) (Gemara - Shmuel) Question: How do we know that the last husband can annul vows heard by the 1st husband?
(d) Answer (Shmuel): "If she will be (engaged) to a man, and her vows are upon her" - vows that were already on her.
(e) Question: Perhaps that is only if the 1st husband did not hear them!
(f) Answer: "Upon her" is extra - it is expounded to include vows heard by the 1st husband.
(g) A Beraisa supports Shmuel.
1. (Beraisa): An engaged Na'arah, her father and husband annul her vows.
(h) If the father heard her vow and annulled it, and her husband died before he heard it, and she became engaged that day, even 100 times - her father and her last husband annul her vows.
(i) If the husband heard her vow and annulled it and died before the father heard it, the father can annul the portion of the husband.
(j) (R. Noson): Beis Shamai holds as this - Beis Hillel say, the father cannot annul.
(k) Question: On what do they argue?

(l) Answer: Beis Shamai hold, even vows which the 1st husband heard, the father receives authority to annul them (when she is widowed or divorced); when one partner annuls, he annuls his half;
1. Beis Hillel hold, the father and the last husband annul her vows; when one partner annuls, he does not annul his half (rather, he weakens the whole vow).
(a) Question: If her husband divorced her on the day he heard her vow - is this as if he affirmed it, or as if he was quiet?
1. This will determine the law in the case that he remarries her the same day.
i. If divorce is as if he was quiet - he can annul the vow;
ii. If it is as affirmation - he can no longer annul.
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