(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

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!"



(a) According to Rebbi Yishmael, if a widow or divorcee undertake to become a Nazir after she is married, when she subsequently gets married, her husband may annul her Neder - because he goes after the time when the Neder takes effect (rather than after the declaration).

(b) The Tana who argues with Rebbi Yishmael - is Rebbi Akiva.

(c) According to Rebbi Yishmael, if a married woman undertakes to become a Nazir after she is divorced, her husband cannot annul her Neder; according to Rebbi Akiva, he can.

(d) The key of the significance of the Si'man 'Yud, Lamed, Lamed, Yud' is - that the 'Yud' stands for 'Yafer' and the 'Lamed' for 'Lo Yafer'. Consequently, in the Reisha of the Beraisa, which deals with a widow or divorcee who undertook Nezirus for after her marriage, Rebbi Yishmael says *'Y*afer', and Rebbi Akiva, *'L*o Yafer'; whereas in the Seifa which deals with a married woman who undertook Nezirus for when she is divorced, Rebbi Yishmael says *'L*o Yafer', and Rebbi Akiva, *'Y*afer'.

(a) With regard to being Meifer the Neder ...
1. ... Rebbi Yishmael learns from the Pasuk "ve'*Neder* Almanah u'Gerushah" - that we go after when the Neder takes effect.
2. ... Rebbi Akiva learns from the Pasuk "Kol Asher *Asrah* al Nafshah" - that we go after the time that the Neder was declared.
(b) According to Rav Chisda, the author of our Mishnah, which goes after the time of the declaration, is Rebbi Akiva. Abaye reconciles Rebbi Yishmael with our Mishnah - by differentiating between Rebbi Yishmael, who is speaking when she declared her Neder to take effect after she is either married or divorced, in which case her domain is bound to change between the time of the declaration and the time that it takes effect, and our Mishnah, where she made the Neder for thirty days time, in which case she could well remain in the same domain throughout. Consequently, Rebbi Yishmael may agree with Rebbi Akiva, that we go after the time of the declaration.

(c) The Halachah is - like Rebbi Akiva (who always goes after the time of the declaration).

(a) We learned a Mishnah in Perek Na'arah 'Zeh ha'Kelal, Kol she'Lo Yatz'ah li'Reshus Atzmah Sha'ah Achas, Avihah u'Ba'alah Mefirin Nedarehah', which comes to include when the girl's father or his Sheluchim are accompanying the girl together with the Chasan's Sheluchim to the Chupah. The fact that she is in the company of the Chasan's Sheluchim does not take her out of her father's domain completely - because as long as her father or his Sheluchim are still with her, she does not leave his domain (until she enters the Chupah).

(b) Our Mishnah concludes 'Zeh ha'Kelal, Kol she'Yatz'ah li'Reshus Atzmah Sha'ah Achas, Eino Yachol Lehafer' - which comes to include when the girl's father or his Sheluchim have already handed her over to the Chasan's Sheluchim, in which case she has left her father's domain, and, as we learned earlier, a husband cannot annul the Nedarim that his wife declared before he married her.

(a) Our Mishnah lists nine cases of a Neder made by a girl, which cannot be annulled.
1. ... 'Bogeres ve'Hi Yesomah'; 'Na'arah u'Bagrah, ve'Hi Yesomah'; 'Na'arah she'Lo Bagrah, ve'Hi Yesomah' - really belong under the heading 'Yesomah be'Chayei ha'Av'. 've'Hi Yesomah' means that she had been married and was now widowed or divorced.
2. ... 'Bogeres, u'Meis Avihah'; 'Na'arah Bogeres, u'Meis Avihah'; Na'arah she'Lo Bagrah, u'Meis Avihah' - belong under the heading 'Meis Avihah'.
3. ... 'Na'arah she'Meis Avihah, 'u'she'Meis Avihah, Bagrah'; 'Bogeres, ve'Avihah Kayam'; 'Na'arah Bogeres (meaning 'Nadrah ke'she'Hi Na'arah, u'Bagrah'), ve'Avihah Kayam' - belong under the heading 'Bagrah'.
(b) Rebbi Yehudah adds to this list - a girl whose father married her off when she was a Ketanah, and who subsequently became widowed or divorced when she was a Na'arah, or even a Ketanah.



(a) According to Rav Yehudah Amar Rav, the author of our Mishnah is Rebbi Yehudah. The Chachamim say - that there are three categories of girls whose Nedarim stand: a Bogeres, a Yesomah and a Yesomah during her father's lifetime.

(b) Rebbi Yehudah (who divides them into nine categories) - does not actually argue with the Chachamim. He merely subdivides the three categories into nine.

(a) 'Konem she'Eini Neheneh le'Aba u'le'Avicha im Osah Ani al'Picha ... , Harei Zeh Yafer'. In spite of the Mishnah earlier rules 'Konem she'Eini Osah al Pi Aba ve'al Pi Avicha ... Eino Yachol Lehafer', he is permitted to annul the Neder in *our* Mishnah - because it is a disgrace for her to become forbidden to benefit her father or her husband's, due to what she does for her husband, turning it into Devarim she'Beinao le'Veinah.

(b) The Tana finds it necessary to add the reverse case 'Konem she'Eini Nehenis Lach im Osah Ani al Pi Aba ve'al Pi Avich, Harei Zeh Yafer' - because unlike the first case (where both the Neder and the condition forbid her father to benefit from her), the condition does not directly forbid him to benefit from her, in which case we might have thought that her husband is not permitted to annul the Neder.

(c) He is nevertheless permitted to annul it - because it is impossible to avoid her father becoming forbidden to benefit from her; so the fact that the Lashon of the condition does not imply it is irrelevant.

(d) The ultimate Chidush of our Mishnah is - that a husband can annul his wife's Nedarim even before the Isur has actually taken effect.

(a) Rebbi Nasan in a Beraisa, argues with the Chachamim (and with our Mishnah). He holds 'Lo Yafer' - because in his opinion, a husband cannot annul his wife's Neder as long as the Isur has not yet come into effect.

(b) The Beraisa also presents two cases, the first of them 'she'Eini Nehenis le'Aba u'le'Avicha' - the second, 'Netulah Ani min ha'Yehudim im Meshamshasech'.


1. The former case is a bigger Chidush according to the Chachamim - inasmuch as the Neder is a case of Inuy Nefesh, whereas the condition is one of Beino le'Veinah, and we might have thought that the Rabbanan will agree with Rebbi Nasan that a husband cannot annul a Neder where the Neder itself and the condition speak in two different cases, and when the Isur has not yet have taken effect.
2. The latter case is a bigger Chidush according to Rebbi Nasan - inasmuch as she is immediately forbidden Tashmish with her husband (because it will cause her to become forbidden to him), which is Devarim she'Beino le'Veinah, and in addition, the Neder and the condition pertain to the same case. Consequently, we might have thought that Rebbi Nasan will agree with the Rabbanan that he can annul it. even though the Isur has not yet taken effect.
(a) That man who forbade himself any benefit if he got married before he had studied Torah - took his stick and his satchel and went to learn, but did not succeed in his learning (see also Rosh).

(b) Rav Acha bar Rav Huna talked him into getting married before having his Neder annulled - in order to accommodate the opinion of Rebbi Nasan, who holds that a Neder cannot be annulled before the Isur has come into effect.

(c) He then smeared him with cement, before taking him to Rav Chisda to annul his Neder - in order to demonstrate how much he needed to come on to people for help, since already now he needed them to help wash the cement from his clothes.

(d) Even though Rebbi Nasan and the Rabbanan's dispute refers to the Hafaras Nedarim of a husband (or a father), and they said nothing about Hataras Nedarim - Rav Acha bar Huna holds that their Machlokes extends to Hataras Nedarim too, as Rava points out.

(a) In the previous case, Rava praised Rav Acha bar Huna - because he organized the case so deftly before taking the man before Rav Chisda.

(b) We cannot extrapolate from there that Rav Acha bar Huna holds like Rebbi Nasan - because it may well be that he only did what he did in order to accommodate Rebbi Nasan's opinion, as we explained, even though he does not really hold like him.

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,