NEDARIM 90 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

ANNULMENT BEFORE A VOW TAKES EFFECT [line 2]

(a)

Rava: Only Rav Acha bar Rav Huna is wise enough to do such a thing!

1.

Rav Acha holds that Chachamim and R. Nasan argue both regarding annulment (of a husband) and permission (of a Chacham, through regret of the one who vowed. Therefore, he had to make the vow take effect before it could be permitted).

(b)

(Rav Papi): They argue only about annulment.

1.

R. Nasan's opinion is hinted at by "v'Chafrah (will be ashamed, the worshippers of) the moon" - by substitution of a letter, this may be read v'Hafrah (will annul. This may be done only after the person has done something akin to building a (forbidden) private Mizbe'ach, i.e. his vow took effect);

2.

Chachamim learn from "(Hash-m) annuls the thoughts of the crafty" - annulment may be done before the vow takes effect;

3.

All agree that a Chacham cannot permit a vow before it takes effect - "he will not profane his word (he will do like he said." This is after it took effect, and he will not profane his word, but others may.)

(c)

Support #1 (for Rav Papi - Beraisa #1): If one said 'I am forbidden to benefit from Ploni; also, from a Chacham who will permit that vow', a Chacham may permit the first vow, and then the second.

1.

If a Chacham could permit a vow before it takes effect, he could permit either vow first!

(d)

Rejection: This is no support. Perhaps 'the first vow' refers to the first one he permits, but it may be either vow!

(e)

Support #2 (Beraisa #2): If one said 'I will not benefit from Ploni; I am a Nazir when I have a Chacham permit my vow', a Chacham may permit the vow, and then the Nezirus.

1.

If a Chacham could permit a vow before it takes effect, he could permit either vow first!

(f)

Rejection: Perhaps the Beraisa is like R. Nasan, but Chachamim argue.

(g)

(Ravina citing Rav Papi): They argue only about annulment, but all agree that a Chacham can permit a vow before it takes effect - "He will not profane his word." (Others may profane it, even though it is a mere word, i.e. it did not yet take effect.)

90b----------------------------------------90b

1.

Ravina would deny that the episode (in which Rav Acha bar Rav Huna tricked a man who vowed) ever happened.

(h)

Question (Beraisa #1): If one said 'I am forbidden to benefit from Ploni; also, from a Chacham who will permit that vow', a Chacham may permit the first vow, and then the second.

1.

If a Chacham could permit a vow before it takes effect, he could permit either vow first!

(i)

Answer: 'The first vow' refers to the first he permits, but it may be either vow!

(j)

Question (Beraisa #2): If one said 'I will not benefit from Ploni; I am a Nazir when I have a Chacham permit my vow', a Chacham may permit the vow, and then the Nezirus.

1.

If a Chacham could permit a vow before it takes effect, he could permit either vow first!

(k)

Ravina is refuted.

2)

A WIFE WHO CLAIMS TO BE FORBIDDEN [line 10]

(a)

(Mishnah): At first, if a woman said any of the following three things to her husband, Beis Din would force him to divorce her and pay her Kesuvah:

1.

I was defiled, so I am forbidden to you;

2.

Shamayim is (a judge) between me and you (that you cannot have children);

3.

I forbid myself to have Bi'ah with any Yisrael.

(b)

The law was revised, lest women use these claims in order to marry someone else.

1.

If she says 'I was defiled', she is not believed without proof;

2.

If she says 'Shamayim is between me and you', we use the method of request (he should try to appease her);

3.

If she says 'I forbid myself to have Bi'ah with any Yisrael', her husband annuls the part of the vow relevant to himself, and she is forbidden to all other men. Me'iri - a vow that is partially Hutrah is totally permitted. This does not apply to Hafarah. Re'em, in Shitah Mekubetzes - 'a vow that is partially Hutrah is totally permitted' does not apply here, for she was already forbidden to other men. She primarily forbade her husband. After he divorces her, there is room for her vow to take effect, and it forbids all men, including him.

(c)

(Gemara) Question: If she says 'I was defiled', may she eat Terumah (according to Mishnah Acharonah, i.e. the revised law)?

(d)

Answer #1 (Rav Sheshes): Yes, lest people think that she was defiled and say that her children are Chalalim (disqualified from Kehunah).

(e)

Answer #2 (Rava): No, she can eat Chulin. (People will not suspect her children. They will think she does not have Terumah.)

(f)

Rav Sheshes agrees that she may not eat if she was widowed (Tosfos - or divorced);

1.

Since she ate during the marriage, people will assume that she was defiled afterwards.

(g)

Question (Rava): If a Kohen's wife was raped, does she receive her Kesuvah?

1.

Since a Kohen's wife being raped is like a Yisrael's wife having adultery willingly, she does not;

2.

Or, can she say that she is fitting to remain married, and it is her husband's bad fortune (that he is a Kohen and is forbidden to me)?