Nedarim - Daf 90

  • If a neder must take effect before receiving a heter from a Chochom

The Gemara records an incident of a man who vowed not to benefit from anyone if he would marry before learning halachah, referring to Shas Mishnayos. The Ran explains that he wanted to complete this goal before getting married, because he was concerned that after marriage, the need to support a family would keep him from this goal. He invested his energies but was unsuccessful. Rav Acha bar Rav Huna tricked him to think that marrying would not trigger the neder, and he married, which forbade him from benefiting from anyone. Rav Acha then smeared him with dirt (to show him his immediate need for other people to launder his clothes) and brought him to Rav Chisda to annul his neder. Rava marveled at his wisdom, and observed his view that just as the Chochomim and Rebbe Nassan argue if one can revoke a neder before it takes effect, they also argue if a neder can be annulled by a chochom before taking effect. Rav Acha therefore caused the neder to take effect to accommodate Rebbe Nassan’s opinion. Rav Pappi said: The machlokes is regarding hafarah, but regarding annulment,דברי הכל אין חכם מתיר כלום אלא אם כן חל נדר – all Tannaim agree that a chochom cannot annul anything unless it has taken effect. Ravina quotes an opposite version of Rav Pappi, that all Tannaim agree that annulment can be done before the neder is in effect, but it is refuted.

  • Three women who were initially believed to be divorced

The next Mishnah states: Three statements of women were originally believed for them to be divorced and collect their kesubah. האומרת טמאה אני לך – One who says, “I am defiled to you,” which means she had relations with another man and is thereby forbidden to her husband, שמים ביני לבינך – or “Heaven is between me and you,” which means he is impotent and cannot have children (which no one else knows but Heaven), ונטולה אני מן היהודים – or “I am removed from Jews,” which means she made a neder forbidding herself in relations with all Jews, which indicates that relations are very painful for her. Later, they grew concerned that a woman may set her eyes on another man and make these claims to free herself to marry him, so they enacted that she is not believed to say she was defiled without providing evidence. If she claims he is impotent, יעשו דרך בקשה – they should use a method of request, which the Ran explains that the husband should make a banquet for her to appease her. If she made a neder forbidding relations on herself, יפר לחלקו ותהא משמשתו ותהא נטולה מן היהודים – he should revoke what pertains to him, and she will remain removed from other Jews if the marriage ends.

  • If the woman who claimed she was defiled may eat terumah

The Gemara inquires: If a woman claimed she had relations with another man, but is not believed to forbid herself to her husband as per the Rabbis’ enactment, can she continue to eat terumah if she is married to a Kohen? By her own admission, she is forbidden to eat terumah, and there would seem no reason not to believe her. Rav Sheishess said: אוכלת, שלא תוציא לעז על בניה – she may eat [terumah], so as not to cast aspersions on her children’s lineage. If she will be forbidden in terumah, people will believe her claim of being defiled, and consider their children born afterwards to be chalalim. Therefore, she is not believed even regarding terumah. Rava disagreed, because she can eat chullin, and people will simply assume she has no available terumah. Rava added that even Rav Sheishess would agree that if she becomes widowed, she is forbidden in terumah. Here, there will be no suspicion of their children’s lineage, because people can conclude that she was violated some time after her husband’s death.