Nedarim - Daf 71

  • An arusah who is divorced and remarried on the same day

The next Mishnah states: נדרה והיא ארוסה נתגרשה בו ביום – She vowed as an arusah, and was divorced on that day, נתארסה בו ביום אפי' למאה – then she was betrothed again, even to a hundred men successively, אביה ובעלה האחרון מפירין נדריה – her father and last husband may jointly revoke her nedarim. The Mishnah concludes with a rule: כל שלא יצאה לרשות עצמה שעה אחת – As long as she has not left the domain of the father through bagrus or nisuin, אביה ובעלה האחרון מפירין נדריה – her father and last husband may jointly revoke her nedarim. The Ran explains that the Mishnah says she was remarried “on that day,” because the Mishnah is speaking where one party heard about the neder (as the Gemara will explain), and if she did not remarry until the next day, the silence of the hearing party would constitute hakamah of the neder. The source for this ruling (that the second arus can revoke nedarim made as another husband’s arusah) emerges from the Gemara below discussing Shmuel’s statement.

  • Even nedarim heard by the first arus can be revoked by the second arus and father

The Gemara asks: מנלן דארוס אחרון מיפר נדרים שנראו לארוס ראשון – From where do we know that the last husband may even revoke nedarim that were fit for the first husband to revoke (i.e., he heard about them)? The Ran explains that Shmuel, who is actually the one posing this question, had a tradition that the Mishnah is even discussing a case where the arus is the one who heard the neder (thus requiring that she got remarried that day, as above), and although they came under his jurisdiction, the second arus may still revoke them. Shmuel provides a source: ואם היו תהיה לאיש ונדריה עליה – “And if she will be married to a man, and her nedarim are upon her,” נדרים שהיו עליה כבר – this implies even nedarim that were upon her from before can be revoked by the second husband. The Gemara asks that perhaps this is only for nedarim which were never heard by the first arus, but those heard by the first arus would not fall to a second arus. The Gemara answers that the word עליה – upon her, is extra, and teaches that any nedarim that were on her can be revoked by the second arus. The Gemara supports Shmuel’s position from a Baraisa.

  • If divorce is like silence or hakamah

The Gemara inquires: גירושין כשתיקה דמיא או כהקמה דמיא – Is divorce equal to silence or hakamah? The Ran explains that since the husband is aware that by divorcing her, he will not be able to revoke her nedarim, divorcing her without revoking her nedarim may be tantamount to a hakamah of her nedarim (similar to silence for a full day). The Gemara explains the practical outcome of this inquiry: כגון שנדרה ושמע בעלה – In a case where she vowed and her husband heard, וגרשה ואהדרה ביומיה – and he divorced her and remarried her on the same day. If the divorce is like silence, he may now again revoke her nedarim, but if it is akin to hakamah, he can no longer revoke them. The Ran notes that it is immaterial if he remarried her, or someone else married her. The Rosh adds that the inquiry bears relevance even in a case where no one remarried her, whether the father can revoke the neder after she is divorced.