More Discussions for this daf
1. Kodmin; Miklash Kalish 2. Mi'un and Hafarah 3. Arusah and Nesu'ah
4. Hava Amina of the Rosh 5. Ne'arah ha'Me'orasah
DAF DISCUSSIONS - NEDARIM 67

Yeshayahu HaKohen Hollander asked:

If the husband nullified his young wife's vow, and then she did Mei'un - is the Neder retroactively valid? And, since she transgressed them based upon the annlullification - is she liable? Or do we say, as Rav Pinhas says, quoting Rava: A woman vows on the basis of her husband's acquiescence? Or don't we say this in the case of Mei'un?

Y. Hollander

The Kollel replies:

Chidushei Rabeinu Chaim ha'Levi (Ishus 2:9) writes that although Mi'un annuls the marriage retroactively, it is only retroactive with respect to matters involved from this day onward. For example, he may marry the sister of the Mema'enes, for from this day onward it is as if they were never married. However, with regard to the time they were actually living together we continue to consider it as if they were actually married; therefore she need not return the Mezonos that she received, nor does he need to return to her the Peros of her Nichsei Milug that he ate, and the Nedarim that he was Mefer do not return.

D. Zupnik

The Kollel adds:

See, however, TZAFNAS PANE'ACH to Hilchos Nedarim 13:2, who writes that the Neder will retroactively return. Even though she was Noder contingent upon his acquiescence, that is not enough to remove the Neder. She must also be actually married to him, and once that marriage has been retroactively annulled he retroactively loses his rights to be Mefer.

From the way the Ran explains that idea of "Al Da'as Ba'alah Noderes" (at the end of 73b, top of 74a), though, it would seem that it is -- or is similar to -- a Tenai, and it should make no difference whether she is later Mema'en. Nevertheless, it would appear logical that the wife is only Noderes Al Da'ato on the condition (another clause in her Tenai) that she does not later perform Miyun. Therefore the Hafarah should be Batel after Miyun.

M. Kornfeld