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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 73

NEDARIM 73 (Rosh Hashanah) - dedicated by Mrs. G. Turkel (Rabbi Kornfeld's grandmother), an exceptional woman who accepted all of Hashem's Gezeiros with love and who loved and respected the study of Torah. Tehei Nafshah Tzerurah bi'Tzror ha'Chaim.


(a) Assuming that, in the previous She'eilah, we rule leniently, Rami bar Chama asked whether a Cheresh too, can annul his wife's Nedarim.
What does 'Cheresh' mean in this context?

(b) A Cheresh may well be worse than a husband who is unaware of his wife's Nedarim, due to Rebbi Zeira's principle.
What is Rebbi Zeira's principle?

(c) In spite of Rebbi Zeira's principle, why might even a Cheresh nevertheless be able to annul his wife's vows?

(a) Rava resolves our She'eilah from a Beraisa.
From which Pasuk does the Beraisa preclude a Cheresh from annulling his wife's Nedarim?

(b) Can we categorically infer from there that a husband who is a *Pikei'ach* can annul the Nedarim of his wife even without hearing them?

(c) On what grounds then, do we rule that he can?

(a) What She'eilah does the Torah's use of the word "be'Yom Shemo'a Iyshah Yani *Osah*" give rise to?

(b) Does this She'eilah extend to a father (annulling the Nedarim of his two daughters), or is it confined to a husband?

(c) On what grounds does the Tana Kama of a Beraisa forbid making two Sotos drink Mei Sotah at the same time?

(d) In which regard does Rebbi Yehudah disagree with them? What does the word "ve'Hishkah" have to do with "Osah"?

(a) The Tosefta permits a man to annul the five Nedarim that his wife declared with one Hafarah.
What does it say about annulling the Nedarim of his five wives?

(b) In that case, like whom would we be ruling in the previous Beraisa, the Tana Kama or Rebbi Yehudah?

(c) The Ramban disagrees with this ruling, on the basis of the Sugya in Sotah, which equates the Tana Kama with Rebbi Yehudah.
How can the Tana Kama (who learns his Din from a S'vara) hold the same as Rebbi Yehudah (who learns it from "Osah").

(d) How will the Ramban, who rules like Rebbi Yehudah (because the Tana Kama too, Darshens Osah"), reconcile the Sugya in Sotah with the Tosefta?

(a) What does the Sugya in 've'Eilu Nedarim' say about a man who annulled the Neder of his wife, thinking that it was his daughter who had declared it?

(b) Why is this not a clear-cut proof that we rule like Rebbi Yehudah, who Darshens "Osah"?

(c) Assuming that we rule like Rebbi Yehudah (and forbid *annulling* the Nedarim of two wives simultaneously), what will be the Din regarding *upholding* the Nedarim of his two wives simultaneously?

Answers to questions



(a) Rebbi Eliezer says in our Mishnah that an Arus may annul the Nedarim of a Bogeres and a Na'arah who waited twelve months.
What is the practical difference between the two periods in this regard?

(b) Who else does he include in his list?

(c) What is Rebbi Eliezer's reason?

(d) What do the Chachamim say?

(a) What does the Mishnah Rishonah say in Kesuvos about ...
  1. ... a betrothed girl who has waited for twelve months from the time that she asked the Arus to go ahead with the marriage?
  2. ... a Yevamah who had waited eleven months and twenty-nine days for the Arus and one day for the Yavam? Why is that?
(b) According to Rashi, in the latter case, even if she would have waited all twelve months in the Reshus of the Arus, she will not be permitted to eat from the Yavam, in the event that the Arus dies.
Why does Rabeinu Tam (whose opinion is supported by a Yerushalmi), say otherwise?

(c) What does the Mishnah Acharonah say?

(d) One of the reasons of the Mishnah Acharonah is because of Simpon (the fear that the Arus may find a blemish and cancel the betrothal retroactively).
What is the other one?

(a) What makes Rabah equate the Mishnah Rishonah with Rebbi Eliezer? Perhaps they agree with the Rabbanan, and say that regarding Hafaras Nedarim, which is d'Oraysa, Chazal did not place the Arusah in the Reshus of the Arus, whereas with regard to eating Terumah, which is only an Isur de'Rabbanan, they did?

(b) Abaye refutes Rabah's suggestion. According to him, we do not need to come on to a precedent mi'd'Oraysa.
Why would the Mishnah Rishonah intrinsically not be afraid ...

  1. ... of 'Simpon'?
  2. ... that the Arusah may give a cup of Terumah-wine to her siblings?
(c) On what grounds is the Mishnah Acharonah nevertheless afraid ...
  1. ... of 'Simpon'?
  2. ... that the Arusah may give a cup of Terumah wine to her siblings?
(a) Rebbi Eliezer, says Abaye further, might permit the Arus to be Meifer the Arusah's Nedarim (even though it is d'Oraysa), and still hold like the Mishnah Acharonah (which is stringent by Terumah, even though the Isur is only mi'de'Rabbanan) because he holds like Rav Pinchas mi'Shemei de'Rava. What does *he* say?

(b) Does this mean that Rav Pinchas mi'Shemei de'Rava's statement is confined to the opinion of Rebbi Eliezer?

(c) In which point do the Rabbanan disagree with Rebbi Eliezer?

(d) Once they are married however, the Rabbanan also learn like Rav Pinchas mi'Shemei de'Rava. Will this apply even to a case of Chupah de'Rabbanan, such as that of a Ketanah who was married off by her mother or brother?

(a) What do some commentaries extrapolate from Rav Pinchas mi'Shmei de'Rava with regard to someone who declares a Neder subject to his friend's consent?

(b) What makes this an error? Seeing as the S'vara is the same in both cases, what is the difference between them?

(c) How do we know that Hafaras Nedarim is a 'Gezeiras ha'Kasuv'?

(d) When will a condition be effective by the latter case, but not by Hafaras Nedarim?

Answers to questions

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