Nedarim - Daf 77
- Hafarah on Shabbos not for a Shabbos need
The next Mishnah teaches: מפירין נדרים בשבת, ונשאלין לנדרים שהן לצורך השבת – One may revoke nedarim on Shabbos and may seek a heter for nedarim that their annulment is needed for Shabbos. The Gemara inquires if hafarah on Shabbos also must be for a Shabbos need. (The question hinges on if the final clause, ",שהן לצורך השבת" is also qualifying the law of hafarah on Shabbos). The Gemara quotes a Baraisa that does require a Shabbos need for hafarah. Rav Ashi objected from our Mishnah, which says that one may revoke nedarim until nightfall on Shabbos. If hafarah requires a Shabbos need, then he should not be able to revoke nedarim even towards the close of Shabbos, since no Shabbos need is being hindered in those few moments. The Gemara agrees and says that this question is a machlokes Tannaim, dependent on the machlokes of the previous Daf: Our Mishnah, which holds hafarah is only until nightfall, allows hafarah without a Shabbos need, because otherwise he will lose the ability to revoke. If hafarah can be done for a full twenty-four hours, they did not make allowances to revoke without a Shabbos need, because he can revoke after.
- Three laymen on Shabbos and the appearance of a court case
Rav Yosef initially thought that one may only seek a heter for a neder on Shabbos from a יחיד מומחה – single expert, but not from שלשה הדיוטות – three laymen, because this has the appearance of a court case on Shabbos. Abaye responded that since annulment of nedarim is distinct from court proceedings in three ways, namely, that the three men may stand, they may be his relatives, and it may be done at night, therefore it does not have the appearance of a court case (even absent these three factors). Rabbah said in the name of Rav Nachman: The halachah is that one may seek a heter for a neder from one who is standing, alone, and at night, and on Shabbos, and from relatives. The Gemara objects since Rabban Gamliel apparently did not allow annulment while standing, because a Baraisa relates that he once dismounted from his donkey, wrapped himself in his cloak, sat, and annulled a petitioner’s neder. The Gemara answers that Rabban Gamliel holds אין פותחין בחרטה – we do not open with mere regret. Rather, we must uproot the neder based on an error, and such judgement requires focus, which is why he sat. Rav Nachman holds we may open a neder with regret alone, so this can be done even while standing.
- Hafarah which is implied or thought
It was taught in a Baraisa: האומר לאשתו כל נדרים שתדורי אי אפשי שתדורי – One who says to his wife: “All nedarim that you vowed, I do not want that you vow them,” or, אין זה נדר – “this is not a neder,” לא אמר כלום – he has said nothing, i.e., his implied displeasure with her nedarim do not constitute a hafarah. If he said :”"יפה עשית ואין כמותך – “You have done well,” or, “There is no one like you,” ואם לא נדרת מדירך אני – or “If you had not vowed, I would have imposed the vow upon you,” דבריו קיימין – his words are effective, meaning his implied approval of her nedarim qualifies as hakamah. This is because mental hakamah is effective, whereas mental hafarah is not. A Baraisa teaches that one should not revoke on Shabbos with the same language of hafarah that he uses during the week. Rather, he should hand her the item and say, טלי ואכלי טלי ושתי – “Take and eat, take and drink,” and the neder is canceled. Rebbe Yochanan added: וצריך שיבטל בלבו – And he must cancel the neder in his heart. The combination of handing her the item and mentally revoking the neder is sufficient for hafarah. In another Baraisa, Beis Hillel say that this is effective during the week as well.