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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 79


(a) Hakamah is more stringent than Hafarah, says the Beraisa, inasmuch as 'Shesikah Mekayemes ve'Ein Shesikah Mevateles'.
In which other regard is it more stringent?

(b) In which case is an un-verbalized Hafarah valid?

(a) A husband cannot make Hafarah once he has made Hakamah.
Can he make Hakamah after Hafarah?

(b) We assume that 'Shesikah Mekayemes' refers to 'Shosek al-Menas Lemeikat' (a proof that 'Shosek al-Menas Lemeikat' is considered a Hakamah).
Why can it not refer to 'Shosek al-Menas Lekayem'?

(c) How do we refute this proof?

(a) What do we learn from the fact that a woman's Neder is considered upheld if her husband fails to annul it by the end of the day?

(b) Why did the Torah give a husband a day before declaring his silence to be a Hakamah?

(c) Rebbi Yochanan gives the Chumra of Hafarah over Hakamah as being 'Nish'alin al ha'Hekem, ve'Ein Nish'alin al ha'Hefer'.
Until when can one have the Hakamah revoked?

(a) What sort of Shesikah is the Pasuk referring to when it writes ...
  1. ... "Ki Hecherish Lah be'Yom Sham'o"?
  2. ... "ve'Im Hacharish Yacharish Lah Iyshah ... "?
(b) Why can 'Shosek al-Menas Lekayem' not mean that he was silent with the intention of upholding the Neder immediately (like it did on the previous Amud)?

(c) What does Rav Kahana prove from here?

(d) Why can we not repudiate Rav Kahana's proof by establishing one of the Pesukim by Shosek al-Menas Lekayem, and the other, by Shosek S'tam?

(a) We learned in our Mishnah that if a woman declared a Neder just before nightfall on Shabbos evening, the husband should annul it immediately; otherwise it will be too late.
How does Rava prove Rebbi Chanina wrong from here, too?

(b) What is the point of Rava bringing another proof, seeing as Rebbi Chanina has already been disproved by Rav Kahana?

(a) What does the Mishnah in 've'Eilu Nedarim' say about a husband who says (after nightfall) that although he acknowledged the Nedarim that his wife declared to be Nedarim, he did not know at the time that a husband could annul Nedarim?

(b) According to Rebbi Meir, if the same husband had claimed that he knew about Hafaras Nedarim, but not that the particular Neder that his wife declared could be annulled, he could have no longer annulled it.
Why is that?

(c) The Chachamim say 'Yafer'.

(d) What does Rav Ashi prove from Rebbi Meir's ruling? How do we know that the Chachamim do not argue on this very point?

***** Hadran Alach Na'arah ha'Me'urasah *****

***** Perek ve'Eilu Nedarim *****

Answers to questions



(a) The Tana permits a husband to annul Nidrei Inuy Nefesh. He mentions as examples, washing and Kishut.
What is 'Kishut'?

(b) Rebbi Yossi maintains that Kishut does not fall under the category of Inuy Nefesh.
Does this mean that a husband cannot annul it?

(c) In which case will the Rabbanan agree with Rebbi Yossi?

(a) What do we learn from the Pasuk "Bein Ish le'Ishto, Bein Av le'Vito"?

(b) How do we initially explain why the Tana of our Mishnah only mentions Nidrei Inuy Nefesh, and not Nedarim she'Beino le'Veinah?

(c) Why does Rebbi Yochanan ben Nuri in a Mishnah later, permit a husband to annul his wife's Neder when she declares 'Konem she'Ani Osah le'Ficha'?

(d) What does this prove?

9) So how do we finally explain the difference between Nidrei Inuy Nefesh (which are mentioned in our Mishnah), and Nedarim she'Beino le'Veinah, which are not?


(a) 'Im Erchatz' referred to in our Mishnah is not per se, a Lashon of Neder.
Why can the case not be when the woman said 'Konem Peiros Olam Alai Im Erchatz'? How do we currently view Rechitzah as regards 'Inuy Nefesh'?

(b) What makes us think that Rechitzah is not considered Nidrei Inuy Nefesh?

(a) We learned in Eilu Mutarin that if someone says 'Konem Einai be'Sheinah ha'Yom Im Ishan le'Machar, Al Yishan ha'Yom'.
Why is that?

(b) In that case, how can we ask here 'Lo Tirchatz, ve'Lo Litseran Peiros Olam Alah'? Why are we not afraid here too, that she will not pay heed to the condition and bathe, causing her to have contravened her Neder?

(c) The Kashya 've'Od be'Ha Leima Rebbi Yossi, Ein Eilu Nidrei Inuy Nefesh?' appears to clash with the first Kashya (where we were not in the least worried that she might bathe and become forbidden to eat fruit).
What then, do we mean to ask?

Answers to questions

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