Nedarim - Daf 69

  • The Gemara’s proof: The father revoked and then the husband died

The Daf begins with the fifth case of a Baraisa: If the father revoked the vow of his (arusah) daughter, and the husband died before hearing of it, חוזר האב ומפר חלקו של בעל – the father repeats and revokes the portion of the husband. Since the father is still alive, his first hafarah remains in force, and upon the husband’s death the remaining portion of the neder falls into his domain, and he can now complete the hafarah. Rebbe Nassan taught that this ruling was the opinion of Beis Shammai, but Beis Hillel said that the father cannot revoke the neder. The Gemara explains the machlokes, thus resolving the inquiry on the previous Daf: According to Beis Shammai, מיגז גייז – the first party’s hafarah cuts away half of the neder, leaving the other half intact. When the husband dies, that half falls to the father’s domain and he can revoke it. According to Beis Hillel, מקלש קליש – he weakens the entire neder. This weakened remainder of the neder cannot be transferred to the father’s domain at the husband’s death, so the father cannot revoke it.

  • If one can annul hakamah or hafarah

Rava asked: יש שאלה בהקם או אין שאלה בהקם – Is there annulment for hakamah of a neder or not? Do we say that just as one can seek annulment of a neder from a chochom, he can do the same with his hakamah (which is akin to a neder), which would reinstate his ability to revoke the neder (that day), or not? Rava continued: If we would conclude that it is possible to annul a hakamah, יש שאלה בהפר או אין שאלה בהפר – is there even annulment for hafarah or not? Would it be possible for someone who had already revoked a neder, rendering it void, to annul the hafarah and reinstate the neder? The Ran explains that because there is a hekesh between hafarah and hakamah, it is possible that one could even annul a hafarah of a neder. Both inquiries are resolved from a statement of Rebbe Yochanan, who said that one can annul a hakamah, but not a hafarah.

  • One who made a hakamah contingent on a hafarah

Rabbah asked: קיים ליכי ומופר ליכי – If one said, The neder is confirmed for you and revoked for you,” ולא תיחול הקמה אלא אם כן חלה הפרה – “and the hakamah will only take effect if the hafarah takes effect,” what is the halachah? The Ran explains that since the hakamah and hafarah cannot coexist, and the hakamah was made contingent on the hafarah, it is clear the hakamah will not take effect. The only question is if the hafarah is valid: Do we interpret the order of his statement (“confirmed,” then “revoked”) as an indication that he wants the hakamah to take effect before the hafarah (and since the hafarah is not valid, neither is the hakamah), or that he ideally wants them to take effect simultaneously (but he could not physically say both words at once), and if they cannot both take effect, the hafarah alone should take effect (since he only made the hakamah contingent on the hafarah and not vice versa)? The Gemara resolves this based on a machlokes Tannaim where one says: הרי זו תמורת עולה תמורת שלמים – “This animal should be a temurah for an olah, temurah for a shelamim.” Rebbe Meir says it is a temurah of an olah only (because it was said first), and Rebbe Yose says that both temuros take effect. The Gemara concludes that in our case, where he made the hakamah contingent on the hafarah, even Rebbe Meir would agree that since the hakamah cannot take effect, the hafarah would be valid.