Resources and Review Test for Nedarim 72
The גמרא discusses whether divorcing one’s wife is considered like a הקמה or is it like being silent, with a נפקא מינה in a case where he remarries his wife within 24 hours. There is an important רא"ש here who asks why the גמרא didn’t say a simpler נפקא מינה: even if the husband never remarries his wife, if divorce is like שתיקה then the father can be מפיר but if it is like הקמה then he can’t be! He answers that the גמרא wanted to tell us the חידוש that even though after the husband divorced his wife he was not able to be מפיר, the clock is still ticking and if he doesn’t remarry her within 24 hours he is out of luck. This, says the רא"ש, is in contrast to the ירושלמי that says that if a person becomes a mute within the 24 hours, that stops the clock and then when he can speak again the clock starts again. If so, in our case as well, the גירושין should have stopped the clock since at that point he couldn’t have been מפיר. The רש"ש says that the פּוסקים don’t bring this ירושלמי since it is obviously not like the בבלי. The ר"ן however says it is a דבר פּשוט that after 24 hours the husband couldn’t have been מפיר. The מנחת שלמה suggests that the ר"ן held that the ירושלמי was no comparison to our גמרא. The ירושלמי is talking about a case of a true אונס. However, in our case, the husband did it to himself and in that case it makes sense that the clock would not stop.
The משנה says that the דרך of תלמידי חכמים is to be מפיר their daughter’s נדרים before they get married. The מנחת שלמה asks a simple question: why doesn’t the משנה say that fathers should do this before their daughters become a בוגרת as well? He suggests that perhaps married woman are less likely to go to ב"ד to be שואל on their נדר than single women are. He ends off צ"ע.
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