Previous Daf

NEDARIM 90

Ask A Question

SUMMARY Rebbi Acha Bar Yakov holds that it is a Machlokes between Rebbi Nasan and the Rabanan whether a Chacham may be Matir a Neder before it goes into effect. (1)   Rebbi Papi says that everyone agrees that a Chacham may not be Matir a Neder before it goes into effect. (2)   Ravina says that everyone agrees that a Chacham may not be Matir a Neder before it goes into effect. (3)   At first the Chachamim said that the wife of a Kohen is believed to say that she was raped and is forbidden to her husband.   At first the Chachamim said that a woman is believed to say that her husband is incapable of having kids. (4)   At first the Chachamim said that if a woman makes a Neder that she is Netulah Min ha'Yehudim her husband must divorce her and give her the Kesuvah. (5)   Later on the Chachamim said that a woman is not believed with a claim against her husband because she might be lying since she has her eye on another man. (6)   Rebbi Sheshes says that if the wife of a Kohen claims that she was raped, since according to the later Chachamim she is not believed, she may continue to eat Terumah. (7)   Rava says that the wife of a Kohen who claims she was raped may not eat Terumah. (8) A BIT MORE 1. Just as they argue whether a husband may annul a Neder before it goes into effect they also argue whether a Chacham may be Matir a Neder before it goes into effect.   2. Even the Rabanan who hold that a husband may annul a Neder before it goes into effect agree that a Chacham may not be Matir a Neder before it goes into effect.   3. Even Rebbi Nasan who holds that a husband may not annul a Neder before it goes into effect agrees that a Chacham may be Matir a Neder before it goes into effect.   4. If she complains that she wants children so that she will have someone to help her in her old age we force the husband to divorce her and give her the Kesuvah.   5. The intent of Netulah Min ha'Yehudim is that she is prohibiting herself from having marital relations with the entire world and were it not for the fact that marital relations are exceedingly painful for her she would not have made such a Neder.   6. Therefore the Chachamim said that a woman who claims that she was raped must bring proof. If she claims that the husband is incapable of having kids we persuade her to stay with her husband. If she says Netulah Min ha'Yehudim the husband shall annul the portion of the Neder that is relevant to him.   7. So that people will not suspect that she really was raped and they will think that her kids are Chalalim. However once she is divorced or widowed she no longer may eat Terumah because people will assume that she was raped after the divorce and they will not think that her children are Chalalim.   8. Rava holds that the fact that she is not eating Terumah will not raise any red flags because it is possible that she is not eating Terumah because no Terumah is available.

BRIEF INSIGHT SHAVYEH A'NAFSHAH   At first the Chachamim said that the wife of a Kohen is believed to say that she was raped and she is forbidden to her husband. Later on the Chachamim said that a woman is not believed with a claim against her husband because she might be lying since she has her eye on another man. Tosfos asks why is a woman who claims that she was raped allowed to stay with her husband? She is Shavyah a'Nafshah Chatichah d'Isura (she has created a prohibition for herself by admitting to be forbidden to her husband.) Rebbi Eliezer from Mitz says that the prohibition of a woman who was raped to a Kohen only applies to the Kohen not to the woman; therefore she is not prohibited even if it was true that she was raped. Tosfos disagrees with Rebbi Eliezer from Mitz and answers instead that the Rabanan have the capability of completely uprooting her words if logic dictates that she is lying. QUICK HALACHAH WIFE OF A KOHEN   If the wife of a Kohen tells her husband that she was raped, or that b'Shogeg she had relations with another man, or if one witness testified that she was Mezaneh b'Ones or b'Ratzon she is not forbidden to her husband because of the concern that she has her eye on another man. However, if the husband believes her or the witness and he relies on their words he must divorce her mi'Safek. Although the wife of a Kohen who tells her husband that she was raped is permitted to her husband, she is forbidden to all Kohanim after the death of her husband because she admitted that she was Mezaneh and she created an Isur for herself. (Shulchan Aruch EH 6:12,13)

Next Daf

MAIN NEDARIM PAGE

D.A.F. Home Page

---

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel Dafyomi Calendar  •  חומר בעברית Donations  •  Feedback  •  Dafyomi Links