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Rosh Kollel: Rabbi Mordecai Kornfeld

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Nedarim 78


(a) "This is the Davar (Word of Hashem)" teaches, a Chacham can permit, not a husband.
(b) (Beraisa): "This is the Davar" - a husband annuls, a Chacham does not annul.
1. One might have thought, we should learn a Kal v'Chomer: a husband cannot permit, but he can annul; a Chachamim, who can permit, all the more so he can annul!
(c) "This is the Davar" teaches, a husband can annul, not a Chacham.
(d) It says by vows "This is the Davar"; it also says this by slaughtering (a sacrifice) outside (the Mikdash).
1. By slaughtering outside, it mentions Aharon, his sons and all of Yisrael - this also applies to vows;
2. By vows, it mentions the heads of the tribes - this also applies to slaughtering outside.
3. Question: What does it mean, that Aharon, his sons and all of Yisrael also applies to vows?
4. Answer (R. Acha Bar Yakov): Vows can be permit by a Beis Din of 3 commoners.
5. Objection But it says, the heads of the tribes!
6. Answer (Rav Chisda): That teaches that an expert (Chacham) can permit by himself.
(e) Question: What does it mean, that the heads of the tribes applies to slaughtering outside?
(f) Answer (Rav Sheshes): This teaches that one may nullify a declaration to make something Hekdesh (through regret).
(g) Question: According to Beis Shamai, one may not nullify Hekdesh - what do they learn from the Gezeirah Shaveh (which makes it as if 'The heads of the tribes' is written by slaughtering outside)?
1. Answer: Beis Shamai do not learn the Gezeirah Shaveh "Davar-Davar" - they use "This is the Davar (thing)" written by vows to teach that a Chachamim can permit, he cannot annul; a husband can annul, he cannot permit.
(h) Question: What do they learn from "This is the Davar" said by slaughtering outside?
(i) Answer: This teaches that one is only liable for slaughtering, not for Melikah (cutting a bird's neck with the fingernail).
(a) Question: How do Beis Shamai learn that 3 commoners may permit a vow?
(b) Answer: They learn as Rav Asi Bar Noson.
1. (Beraisa - R. Yosi ha'Gelili): "Moshe spoke the holidays of Hash-m to Bnei Yisrael" - the Yomim Tovim are said, but Shabbos was not said with them;
2. Ben Azai says, the Yomim Tovim are said, but the passage of vows was not said with them.
3. Question (Rav Asi Bar Noson): But Shabbos is mentioned with the Yomim Tovim! And the passage of vows is said after the Yomim Tovim!

4. Answer (Rav Sheshes): The Beraisa means as follows: Yomim Tovim are dependent on sanctification (of the months) by Beis Din, but Shabbos is not;
5. Ben Azai says, sanctification of the Yomim Tovim (through sanctification of the months) requires certified Chachamim, but a Beis Din of commoners can permit vows.
6. Question: But "The heads of the tribes" is written by vows!
7. Answer (Rav Chisda): That teaches that a certified Chacham can permit a vow by himself.
(a) (R. Chanina): A husband that is silent, to vex his wife (so she should not know that he will annul later) can annul even 10 days later.
(b) Question #1 (Rava - Beraisa): When does authority to annul her vow passes to the father? If the husband did not hear her vow, or he heard it and was silent or annulled it, and died that day;
1. But if the husband heard it and affirmed it, or was silent and died on a later day, the father cannot annul it.
2. Suggestion: The case (of silence) is that he was silent to vex her.
(c) Answer #1: No - he was silent with intention to affirm.
1. Objection If so, that is the same case as when he affirmed!
(d) Answer #2: Rather, he was silent without any specific intent.
(e) Question #2 (against R. Chanina - Rav Chisda - Beraisa): There are stringencies of affirmation over annulment, and vice-versa.
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