Nedarim - Daf 67
- Father and husband jointly revoke nedarim of a naarah who is an arusah
The tenth Perek begins: נערה המאורסה אביה ובעלה מפירין נדריה – A naarah who is an arusah (i.e., after kiddushin but before nisuin), her father and husband are meifir her nedarim. הפרה – “Revocation” of a neder differs from התרה – annulment by a sage, in that it does not require a basis for the cancelation of the neder, rather it is their decision to revoke it. Additionally, it differs in that the hafarah ends the neder only going forward; its effectiveness until this point remains intact, as opposed to hatarah, which voids the neder retroactively. The Mishnah continues: If either the father or the husband alone revoked the neder, it is still in effect; both are required to void the neder. When the Gemara asks that this has already been taught by the opening statement of the Mishnah, it answers that the Mishnah could have been read to mean that either the father or the husband can revoke the neder, so the Mishnah clarified that both hafaros are needed to void the neder.
- הפר אחד וקיים אחד ונשאל על הקמתו
The Mishnah concluded: ואין צריך לומר שקיים אחד מהן – It is unnecessary to say that if one party confirmed the neder, it is not revoked, even if the other party revoked it. [“Confirmation” of a neder disables one’s power to revoke it]. The Gemara asks what this clause is teaching, since even if one party merely fails to revoke the neder, it is not revoked. The Ran explains that this is included within the first case of the Mishnah where one party did not revoke the neder. The Gemara answers: כגון דהפר אחד מהן וקיים אחד – It is for a case where one was meifir the neder and the other confirmed it, וחזר המקיים ונשאל על הקמתו – and he retracted and sought an annulment of his confirmation, rendering the confirmation void. The Mishnah is teaching that the original hafarah of the first party is invalidated: מהו דתימא מאי דאוקי הא עקריה – You would say that that which he confirmed he uprooted, and since he may again revoke her neder, his hafarah can simply join with the other’s and the neder will be voided, קמ"ל דמפירין שניהם בבת אחת – he therefore teaches that they must both revoke at the same time. The Ran explains that although they can revoke at different times, the Gemara means that there cannot be a moment where one party is unable to revoke, so the first party’s hafarah is voided. Still, the Ran says that they can jointly be meifir the neder afterwards.
- Rabbah’s source for the joint hafarah of the neder of a naarah who is an arusah
The Gemara seeks the source of our Mishnah’s rule. On this Daf, Rabbah learns it from the passuk which says: ואם היו תהיה לאיש ונדריה עליה – “And if she will be married to a man and her vows are upon her…and her husband will hear…and revoke her vow.” מכאן לנערה המאורסה, שאביה ובעלה מפירין נדריה – From here we learn for a naarah who is an arusah that her father and husband jointly revoke her neder. The Gemara first establishes that this passuk is discussing an arusah, either because we have a separate passuk teaching a nesuah’s nedarim are revoked by her husband, or because the word תהיה – being to a man, implies kiddushin. The Gemara then asks that perhaps hafarah is primarily in the domain of one party (and the other only has the ability to confirm). In the end, because there is a passuk that the father is meifir alone when she is unmarried, and the husband is meifir alone when she is a nesuah, and we find that a husband cannot revoke prior vows of his nesuah but can do so with his arusah, the passuk above must teach that an arusah’s nedarim are revoked jointly by the father and husband.
