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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 74



(a) 'Shomeres Yavam Bein le'Yavam Echad Bein le'Sh'nei Yevamin, Rebbi Eliezer Omer - Yafer.
1. ... Rebbi Yehoshua Omer, le'Echad, Aval Lo li'Shenayim', because he holds 'Ein B'reirah.
2. ... Rebbi Akiva Omer, Lo le'Echad, ve'Lo li'Shenayim'.
(b) The basis of the Machlokes between Rebbi Yehoshua and Rebbi Akiva is - whether we say 'Yesh Zikah' (Rebbi Akiva) or 'Ein Zikah' (Rebbi Akiva).
(a) Rebbi Eliezer proves that a Yavam should be able to annul the Shomeres Yavam's Nedarim - because if an Arus can annul the Nedarim of his Arusah, whom he acquired of his own volition, then how much more so should a Yavam be able to annul the Nedarim of the Shomeres Yavam whom he received as a heavenly gift!

(b) To counter Rebbi Eliezer's 'Kal va'Chomer - Rebbi Akiva argues - that a man can annul the Nedarim of a woman whom he betrothed, because he acquires her exclusively; but how can one of two Yevamin annul the Shomeres Yavam's Nedarim, seeing as he must share jurisdiction over her with his brother?

(c) When Rebbi Yehoshua remarked that Rebbi Akiva's argument only pertained to the case of two Yevamin, but not to that of one - Rebbi Akiva replied that in any case, a Yavam does not acquire the Yevamah to the same degree as an Arus acquires an Arusah (as will be explained later).

(a) We have already explained that Rebbi Yehoshua holds 'Yesh Zikah'. He learn from the Pasuk "Iyshah Yekimenu, ve'Iyshah Yefeirenu" - that, when there is more than one Yavam, one needs to know on which one the Zikah falls before he will be permitted to annul the Shomeres Yavam's Nedarim ('Ein B'reirah' - though it is unclear as to why he requires a special Pasuk for this).

(b) Rebbi Eliezer permits even one of two Yevamin to annul the Yevamah's Nedarim, explains Rav (or Rebbi) Ami - only if he performed Ma'amar (the Kidushin de'Rabbanan of a Yavam and Yevamah) with her.

(c) Having established that Rebbi Eliezer speaks when the Arus performed Ma'amar, he dispenses with the Zikah of the second Yevamah - because he holds like Beis Shamai, who hold that Ma'amar acquires completely. (If he considers Ma'amar like marriage, then the Yavam will be able to annul her Nedarim on his own.

(d) Rebbi Yehoshua too, we explained earlier, holds 'Yesh Zikah'. According to him - Zikah might also have the status of marriage, or it might have the status of betrothal (in which case, the Yavam will only be able to annul the Shomeres Yavam's Nedarim in conjunction with her father). The truth of the matter is that this possibility exists according to Rebbi Eliezer, as well.

(a) Rebbi Yehoshua might now hold that a single Yavam can annul the Nedarim of the Shomeres Yavam for one of two reasons - either because he holds 'Yesh Zikah' or because he agrees with Rebbi Eliezer (that our Mishnah speaks when he performed Ma'amar and that Ma'amar acquires).

(b) Assuming that he concedes that Ma'amar acquires, he will still disagree with Rebbi Eliezer when there are two Yevamin - because the fact that the other Yavam can still forbid the Shomeres Yavam on him by giving her a Get or by having relations with her proves that the Kinyan of Ma'amar is not complete.

(c) Rebbi Akiva holds 'Ein Zikah'. If there was no Zikah at all, then the Yevamah could not marry somebody else - so what he really must mean is that there is Zikah, but that it does not render the Yevamah even like an Arusah.

(a) Rebbi Elazar (ben Pedas - the Amora) maintains that Ma'amar according to Beis Shamai, is restricted. It only acquires, he says - to push away the Tzarah (but not as regards annulling her Nedarim).

(b) So we establish Rebbi Eliezer like Rav Pinchas mi'Shemei de'Rava - who says that when a woman declares a Neder, she does so on the condition that her husband agrees (and by husband, we mean from the moment he becomes obligated to feed her, as we learned earlier according to Rebbi Eliezer).

(c) A Yavam become obligated to feed the Shomeres Yavam - should he run away, in which Beis-Din will obligate him to do so.

(d) This explanation is not plausible according to Rebbi Yehoshua however - because the Rabbanan in the previous Mishnah argue with Rebbi Eliezer (and maintained that only a married woman declares Nedarim on condition that her husband agrees - not one who is only being fed by her Arusah), and the Rabbanan of Rebbi Eliezer is usually Rebbi Yehoshua.

(a) We might establish the previous explanation even according to Rebbi Yehoshua - by establishing the Rabbanan who argue with Rebbi Eliezer in the previous Mishnah as being another Tana (even though this may be unusual), whereas Rebbi Yehoshua actually holds like Rebbi Eliezer in this instance. Or we might answer - that Rebbi Yehoshua holds 'Yesh Zikah' and that Zikah gives the Shomeres Yavam the status of marriage.

(b) They nevertheless argue by two Yevamin. The basis of their Machlokes, according to ...

1. ... the second answer is - whether 'Yesh Zikah' applies even when there are two Yevamin (Rebbi Eliezer), or not (Rebbi Yehoshua).
2. ... the first answer is - that according to Rebbi Eliezer, the Yevamah declares the Shomeres Yavam's Nedarim on the condition that the Yavam (who ran away and became obligated to feed her) agrees, despite the fact that there is a second Yavam; whereas Rebbi Yehoshua maintains that the Yavam is not sufficiently close for us to apply that S'vara when there is another Yavam.



(a) Rebbi Eliezer is indeed speaking when the Yavam performed Ma'amar. Nevertheless, he bases his argument (in our Mishnah) on the fact that a woman is acquired to the Yavam from heaven (despite the fact that it is the Yavam who acquired her with a Kinyan) - because the Yavam performed Ma'amar only after the Shomeres YAvam fell to him (as a heaven-sent gift) following her husband's death.

(b) Rabah asked whether Ma'amar according to Beis Shamai, has the status of Eirusin or Nisu'in. We cannot resolve from Rebbi Eliezer in our Mishnah (from the fact that he says 'Yafer', but does not mention the father that it has the status of Nisu'in) - because (in spite of the singular form) 'Yafer' can mean in partnership with the father.

(c) The other ramifications of Rabah's She'eilah are - whether Chupah is required before the Yavam can inherit the Shomeres Yavam and before he becomes obligated to bury her in the event of her death (even if he is a Kohen).

(a) Rebbi Eliezer's 'Kal va'Chomer' (Yavam from Ishah) in our Mishnah cannot extend beyond annulling the Nedarim together with the father (like an Arus), and indeed, Rebbi Akiva specifically equates a Shomeres Yavam with an Arusah (see concluding words of the Mishnah). Nevertheless, we can suggest that, according to Rebbi Eliezer, 'Ma'amar Nisu'in Oseh' - because that might be his personal opinion. What he then said to Rebbi Akiva is that, granted there is no proof that it makes Nisu'in, let him at least admit that it makes Eirusin, and that the Yavam can annul the Shomeres Yavam's Nedarim in conjunction with her father (which Rebbi Akiva declined to concede).

(b) We answer 'Mai Yafer, Yafer be'Shutfus', as we explained above. We do not query this answer on the basis that, when all's said and done, the Tana says 'Yafer' and not 'Yafeiru' (like we do in Yevamos) - because here (unlike there, where we asked the Kashya before having established that the Yavam ran away), we have already established that he did and that he is therefore obligated to feed her, in which case it is clear that 'Yafer' means in conjunction with the father (in spite of the singular form used).

(a) In a Beraisa which proves Rav Ami (who established Rebbi Eliezer when the Yavam performed Ma'amar), the Tana elaborates on the three opinions in our Mishnah. When Rebbi Eliezer talks about 'mi'she'Ba'as li'Reshuso' - he means Eirusin.

(b) We prove Rav Ami's explanation of Rebbi Eliezer (that the Yavam performed Ma'amar) from the statement of Rebbi Akiva 'Bein she'Asah Bah Ma'amar, Bein she'Lo Asah Bah Ma'amar' (from which we can infer that Rebbi Akiva heard Rebbi Eliezer establish the case by Asah Bah Ma'amar). We might also prove it from the Lashon of Rebbi Eliezer 'mi'she'Nichnesah li'Reshuso, Eino Din she'Tigamer Lo' - because if the Yavam did not perform Ma'amar, then what else can 'ad she'Tigamer Lo' possibly mean?

(c) Rava explains 'u'ke'Sha'ar Devarim' in the statement of Rebbi Akiva ('u'ke'Sha'ar Devarim Kein Nedarim') to mean - that a Shomeres Yavam does not receive Sekilah like an Arusah does.

(d) Rav Ashi proves Rava's explanation from Rebbi Akiva in our Mishnah 'Ein Yevamah Gemurah le'Iyshah ke'Shem she'Arusah Gemurah le'Iyshah', who clearly, means to say the same thing.

(a) Following the opinions of the three Tana'im in our Mishnah - Ben Azai commented what a pity it was that he had not served Rebbi Akiva (adopted him as his Rebbe).

(b) Ben Azai's comment is one good reason to rule like Rebbi Akiva. The other is - the fact that he had the last word vis-a-vis both of Rebbi Eliezer and Rebbi Yehoshua.

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