I was wondering what is the hava minah of the rosh at the stage in the gemara after rava brings the mekor for naarah hameorsa, the gemara trys to be doche by saying maybe the pasuk is going on a nesua and not an arusa, the mepharesh explains the hava minah that the pasuk is going on a nesua and has nothing to do the av being mefer since shes left his reshus and its not going on eirusin, however the rosh says the hava minah of the gemara is that as a nesua the av and baal are mefer her nedarim together and by an eirusa only the av is mefer since she hasnt left his reshus.
my question is how could that be considering that in pasuk yud of matos says an almanah or gerusha'a nedarim are meikim bc she left the reshus of her father by getting married, however it seems the rosh is saying fakeirt from the pasuk that even when shes a nesuah gemurah she stil hasnt left the reshus ha'av.
thank you very much
Naftali Moshe Kassorla, Baltimore, USA
Dear Naftoli Moshe,
Hello there and thanks for your interesting question. First let me apologize for not responding earlier. I was away on summer vacation, and fell ill shortly after.
I know it is a little late for answering this question, but this is my suggestion. The Gemara is going thru the Parshah to explain the situation of the various Pesukim. Naturally the Gemara will ask the next question from the earlier Pasuk and not the later one. Had the Gemara answered up that Pasuk, your question would have been forthcoming. The bottom line is we get to the same conclusion: once she is married she is no longer in her father's possession.
All the best.
Y. Landy