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NEDARIM 71

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SUMMARY

If an Arusah makes a Neder and she gets divorced and is Miskadeshes on the same day her father and the second Arus may annul her Neder. (1)
 
Even Nedarim that were heard by the first Arus may be annulled by the second Arus. (2)
 
If the Arus dies after the father annulled the Neder, the father and the second Arus may annul the Neder.
 
If the husband annulled the Neder and died before the father heard about the Neder the father may annul the Neder according to Beis Shamai. (3)
 
Beis Hillel holds that the father may not annul the Neder. (4)
 
The Gemara asks if divorce is regarded as an affirmation of a Neder. (5)

A BIT MORE

1. Even if this repeats itself 100 times the father and the last Arus may annul her Neder.
 
2. The second Arus may annul the Neder along with the father.
 
3. Beis Shamai holds that the annulment of this Neder that was heard by the first Arus is given over to the father and even if she becomes an Arusah again the father has the exclusive rights to annul the Neder.
 
4. If she becomes an Arusah again the father may not annul the Neder without the second Arus.
 
5. If it is not regarded as an affirmation in the event that the Arus is Mekadesh her again on the same day he may annul the Neder.

BRIEF INSIGHT

WAITING THREE MONTHS
 
If an Arusah makes a Neder and she gets divorced and is Miskadeshes on the same day her father and the second Arus may annul her Neder. The Shitah Mekubetzes says that although l'Chatchilah it is forbidden for her to be Miskadeshes again on the same day because a woman must wait three months after a divorce to accept Kidushin from someone else. However b'Di'eved if she does accept Kidushin within three months it is a valid Kidushin.

QUICK HALACHAH

A NEW ARUS
 
If an Arusah makes a Neder and she gets divorced and is Miskadeshes on the same day to the same Arus or to someone else her father and the second Arus may annul the Neder. (Shulchan Aruch YD 234:13)

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