Nedarim - Daf 89
- Does hafarah depends on woman’s status at time neder was declared or time of its taking effect?
It was taught in a Baraisa: If an almanah or gerushah says, הריני נזירה לכשאנשא” ונשאת” - “I am hereby a nezirah when I marry,” and she gets married, Rebbe Yishmael says the husband can be meifir and Rebbe Akiva says he cannot. In the reverse case, where a married woman declares she will be a nezirah after divorce and she gets divorced, Rebbe Yishmael does not allow hafarah and Rebbe Akiva does. Rebbe Yishmael holds the ability of hafarah depends on the time the neder takes effect, whereas Rebbe Akiva holds it is determined by her status at the time the neder is declared. Our Mishnah taught that when a nezirus is declared to take effect after thirty days, and she marries in the interim, the husband cannot revoke it (and he can in the reverse case). The Gemara says this appears to be the opinion of Rebbe Akiva. Abaye explains that Rebbe Yishmael can agree with our Mishnah, because whereas Rebbe Yishmael spoke of a case that the neder definitively took effect only after marriage, here the neder could have taken effect before marriage (if she would have married after thirty days), and in such a case he could agree to follow the time the neder is declared.
- Nine cases where a girl’s neder cannot be revoked
The next Mishnah states: תשע נערות נדריהן קיימין – There are nine naaros whose nedarim stand, meaning they cannot be revoked. They are essentially permutations of three types of cases: where she is a יתומה בחיי אביה - “an orphan in her father’s lifetime,” meaning she left her father’s domain through a previous marriage of nisuin, or she is an actual orphan, or she is a bogeress. The Chochomim in a Baraisa only list these three cases, and the Ran quotes the Yerushalmi which explains that our Tanna divided them into nine cases to sharpen his students. Rebbe Yehudah adds that even a minor daughter who is married off with nisuin leaves her father’s domain, and her nedarim made after her marriage ends would be irrevocable, provided they are made after she is a naarah.
- Machlokes about being meifir a conditional neder before it takes effect
The next Mishnah teaches: קונם שאיני נהנה לאבא ולאביך אם עושה אני על פיך – If a wife says, “Konam that I will not benefit from my father or your father if I do anything for you,” the husband can revoke it. The Ran explains that since both the neder and the condition are either inuy nefesh or “matters between him and her,” he can be meifir it, although it has not yet come into effect, since the condition has not been fulfilled. The Mishnah teaches that the same applies if she says “Konam that I will not benefit from you if I do anything for my father or yours.” Although the condition is neither inuy nefesh nor “between him and her,” the Ran explains that since such a condition will inevitably be fulfilled, he can be meifir it now.
A Baraisa quotes the opposing opinion of Rebbe Nassan, that because the neder has not yet (and may never) come into effect, he cannot be meifir it.