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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 88

NEDARIM 87 & 88 (First days of Sukos) - 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) The Tana of our Mishnah requires someone who forbids his son-in-law Hana'ah, and who then wishes to give his daughter money, to stipulate that her husband is to have no jurisdiction over it.
What is he obligated to add to that?

(b) Why does the father need to add this? Why will the initial condition not suffice?

(c) Is there any way that he would be permitted to give her clothes?

(d) Why does the Tana then present the case of a father giving his daughter money with which to buy food, and not about giving her food directly?

2) What normally happens to money that a father gives his married daughter?


(a) Rav confines the Tana's concession to when the father added 'Ela Mah she'At Nose'es ve'Nosenes le'Fich', but not to when he said 'Mah she'Tirtzi Asi'.
Why is that?

(b) What does Shmuel say?

(c) Shmuel can hardly argue with Rav with regard to explaining our Mishnah (which specifically says 'Ela Mah she'At Nose'es ve'Nosenes le'Fich'). Then what is the basis of their Machlokes?

(d) What will Shmuel therefore say in a case where the father only said 'u'Vilevad she'Lo Yehei le'Ba'alech Reshus Bahen'?

Answers to questions



(a) The courtyards surrounding a Mavoy arrange a Shituf Muva'os by placing a barrel of wine and declaring that it is on behalf of all the members of the Mavoy.
Is he permitted to transfer it to them via ... 1. ... his Jewish servants? 2. ... his grown-up children? 3. ... his wife?

(b) Why will this pose a Kashya on Rav?

(c) How does Rava resolve this problem?

(a) Another Beraisa informs us that the person arranging the Eiruv is not permitted to transfer the Eiruv to the residents of the courtyard via his small children, his Eved Kena'ani or his Shifchah Kena'anis.
Why not?

(b) Whom does the Tana include in this list which appears to contradict what the Tana of the previous Beraisa taught us (and place a spoke in the wheel of Rava's answer)?

(c) To resolve this discrepancy, Rav Ashi establishes the first Beraisa when the woman possessed her own courtyard in that Mavoy.
How did she acquire the courtyard without her husband having any rights in it?

(d) But surely, her husband only withdrew from *her* personal rights, and not from what she would acquire on behalf of others?

(a) When Rav argues with Shmuel, like whom is the Halachah when they argue in ...
  1. ... matters of Isur?
  2. ... money-matters?
(b) Considering that their Machlokes *here* (whether a man may give his daughter, who has forbidden Hana'ah on her husband, money, on the exclusive condition that her husband is to have no jurisdiction over it or not) concerns Nedarim, which falls under the category of Isur, why do Rav Amram Gaon and the Ramban nevertheless rule like Shmuel?

(c) What other good reason do they have to rule like Shmuel (besides the fact that in other places in Shas, Shmuel's opinion is cited)?

(d) Rabeinu Tam however, as well as the Ra'avad, rule like Rav.
Why is that?

(a) The Rambam rules like Shmuel, yet he holds that 'Mah she'Tirtzi Asi' only helps in conjunction with 'Ein le'Ba'alech Reshus Bahen'.
How does he explain the Machlokes between Rav and Shmuel? Do they hold like Rebbi Meir or the Rabbanan?

(b) We explained earlier that 'Mah she'Tirtzi Asi' does not appear to add anything to 'Ein le'Ba'alech Reshus Bahen' (which, according to our Mishnah, is certainly ineffective).
How does the Rambam, get round this Kashya?

(a) We hardly require a Pasuk to teach us that the Nedarim of a widow or a divorcee stand (seeing as there is neither a father nor a husband to annul them).
So how does the Tana explain the Pasuk "ve'Neder Almanah u'Gerushah Yakum Alehah" (in a case where she undertakes to become a Nezirah)?

(b) And what will be the Din if a married woman undertakes to become a Nezirah in thirty days time, and the husband annuls her Neder immediately, but divorces her or dies within thirty days?

(a) If a married woman made a Neder, and her husband divorced her and remarried her, all on the same day, her husband is not permitted to annul her Neder.
Why not?

(b) Assuming that her husband only *betrothed* her the second time, is he permitted to annul her Nedarim in conjunction with her father?

(c) May a father annul Nedarim that his daughter declared in the morning, if she got married in the afternoon?

Answers to questions

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