Nedarim - Daf 78

• חכם מתיר ובעל מיפר

Rebbe Yochanan said on the previous Daf: חכם שאמר בלשון בעל - A Chochom who used the language of a husband and revoked the wife’s neder (which means to void the neder going forward), ובעל שאמר בלשון חכם – or a husband who used the language of a Chochom and annulled her neder, לא אמר כלום – he has said nothing, and the neder is still in effect. He quotes a Baraisa which darshens: זה הדבר – “This is the thing which Hashem commanded,” implying that it must be followed exactly, החכם מתיר ואין בעל מתיר – this teaches that a Chochom annuls, and a husband cannot annul. For one would think that if a Chochom, who cannot revoke a neder, can annul a neder, then a husband, who can revoke a neder, should certainly be able to annul a neder. The above derashah teaches that he cannot. Another Baraisa darshens the reverse: זה הדבר בעל מפר ואין חכם מפר – “This is the thing,” this teaches that a husband may revoke a neder, but a Chochom cannot revoke a neder. For one would think that if a husband, who cannot annul a neder, can revoke a neder, then a Chochom, who can annul, certainly should be able to revoke. The derashah teaches that he cannot.

• The source for three laymen or one expert

A Baraisa makes a gezeirah shavah (זה הדבר) between nedarim and שחוטי חוץ – the prohibition to shecht korbonos outside of the Mikdash. Just as this prohibition applies to all Jews equally, so too nedarim can be annulled by all Jews, including laymen. This teaches that three laymen are qualified to annul nedarim. The Gemara objects since the passuk says ראשי המטות – heads of the tribes, indicating that experts are required. It answers that this term allows a יחיד מומחה – single expert to annul nedarim. The gezeirah shavah allowing laymen to annul a vow must therefore be for more than one, which we presume to be three, similar to a minor Beis Din. Another Baraisa provides an alternate source for this law, by darshening to distinguish between Moadim and nedarim, teaching: מועדי ה' צריכין מומחה – The Holidays of Hashem require expert judges to sanctify the months which determine the date of the Moadim, ואין (פרשת) נדרים צריכין מומחה אפילו בית דין הדיוטות – but nedarim do not require expert judges, and even three laymen suffice.

• השותק על מנת למיקט

Rebbe Chanina taught: השותק על מנת למיקט – A husband who was silent in order to distress his wife by causing her to think that he will confirm the neder, מפר אפילו מכאן ועד עשרה ימים – he can still revoke it for another ten days, i.e., such silence does not constitute hakamah. The Gemara objects from a Baraisa which teaches that if a husband is silent for an entire day, he can no longer revoke the neder. The Gemara interprets the Baraisa’s statement broadly, that in all cases of a husband’s silence he would lose his right to hafarah the next day, even if the purpose of the silence was to distress her. The Gemara answers that it is speaking only בשותק על מנת לקיים – where he was silent in order to confirm, (meaning he thought, “The neder shall be confirmed”) which is a valid hakamah. When the Gemara objects that the Baraisa already speaks of hakamah in another case, it answers instead that the Baraisa is discussing בשותק סתם – one who is silent without a specific purpose, but if he was silent to distress her, he would not lose his right to revoke. Rav Chanina’s ruling is successfully challenged on the next Daf.