Nedarim - Daf 76
- Kal vachomer about taharah of plants
The Gemara finally resolves its inquiry about Rebbe Eliezer from a Baraisa, in which Rebbe Eliezer sought to prove to the Chochomim that they too, must make a similar kal vachomer: ומה זרעים טמאים כיון שזרען בקרקע טהורין – If plants which are tamei, once that they are planted in the ground, they become tahor, זרועין ועומדים לא כל שכן – then those already planted should certainly remain tahor even if tumah touches them! Rebbe Eliezer argued to the Chochomim that they certainly agree with this law, although there is no source for it except this kal vachomer, so they should agree to his kal vachomer as well.
Our Gemara concludes, based on this Baraisa, that Rebbe Eliezer’s ruling to allow hafarah before a neder is made, would prevent it from taking effect, like the plant which does not ever become tamei.
- Kal vachomer regarding selling naarah daughter
The Gemara asks: Is it true that the Chochomim do not hold of the format of kal vachomer that Rebbe Eliezer made (learning from revoking nedarim that took effect to revoking nedarim not yet made)? But there is a universally agreed ruling based on such a kal vachomer! A Baraisa teaches: One might think that a father can sell his naarah daughter as a maidservant, just as he can sell his daughter who is a minor as a maidservant. There is a kal vachomer that he cannot: מכורה כבר יוצאה – If she was sold already and became a naarah, she leaves her servitude by virtue of reaching maturity, אינה מכורה אינו דין שלא תימכר – if she was not yet sold, is it not certain that she cannot be sold when she is already a naarah? Since this is the source for this law, we see that all agree to such a kal vachomer.
The Gemara answers, that although they generally agree to such a kal vachomer, here the Torah teaches not to follow it, by writing hakamah near hafarah (אישה יקימנו ואישה יפרנו), which teaches: את שבא לכלל הקם בא לכלל הפר – that which is capable of hakamah is capable of hafarah, את שלא בא לכלל הקם לא בא לכלל הפר – but that which is not capable of hakamah (e.g., if the neder has not been made) is not capable of hafarah.
- Machlokes if hafarah is for that entire day until it gets dark or for a twenty-four-hour time period
The next Mishnah states: הפרת נדרים כל היום – Hafarah of nedarim is for that entire day. The Mishnah elaborates: נדרה בלילי שבת – If she vowed on Shabbos night, יפר בלילי שבת וביום השבת עד שתחשך – he may revoke it on Shabbos night, and the entire Shabbos day until it gets dark. נדרה עם חשכה מפר עד שלא תחשך – If she vowed just before dark, he may revoke it until it gets dark, but not afterwards.
A Baraisa quotes an opposing opinion to our Tanna for the time frame of hafarah: Rebbe Yose bar Rebbe Yehudah and Rebbe Elazar bar Rebbe Shimon hold that the time is מעת לעת – from that moment until the same moment a day later, meaning a full twenty-four hour period. Our Mishnah’s opinion is based on the passuk which says: ביום שמעו – ”On the day of his hearing,” which implies it must be that calendar date, and not past nightfall. The second opinion learns from the passuk which states: מיום אל יום – ”From day to day,” implying a full twenty four hours. The Gemara explains how each Tanna uses the other passuk.