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NEDARIM 73

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SUMMARY

A person who is deaf may not annul the Nedarim of his wife. (1)
 
A person who makes a Neder to bring a Minchah of 61 Esronim must bring it in two vessels because it can't be mixed in one vessel. (2)
 
The Gemara asks if a husband may annul the Neder for two wives at the same time.
 
The bitter water may not be given to two Sotos at the same time. (3)
 
Rebbi Eliezer says that a Chasan may annul the Neder of his Kalah once he is Chayav to give her Mezonos. (4)
 
The Chachamim hold that the husband may not annul Nedarim of his wife before the Chupah.
 
The Mishnah Rishonah holds that once a Chasan is obligated to give Mezonos to his wife she may eat Terumah if he is a Kohen. (5)
 
A Shomeres Yavam may not eat Terumah even if her Chasan dies one day before the twelve months of Erusin was up.
 
A woman makes a Neder contingent on the acquiescence of her husband.

A BIT MORE

1. Even if he can talk and therefore he is not regarded as a Shoteh it is a Gezeiras ha'Kasuv that he may not annul the Nedarim of his wife.
 
2. Even though the mixing is not Me'akev if it is not fit to be mixed it is Pasul.
 
3. The Tana Kama says that the reason is because they will take confidence from each other and will not readily admit that they sinned. Rebbi Yehudah says that it is a Gezeiras ha'Kasuv because it says Osah which implies only one at a time.
 
4. A Chasan must give Mezonos to his Kalah after 12 months if she is a Na'arah; if she is a Bogeres he must give her Mezonos after 30 days.
 
5. The Mishnah Acharonah holds that a Kalah may not eat Terumah prior to the Chupah.

BRIEF INSIGHT

A NEDER AL DA'AS BA'AL
 
The Gemara say that according to Rebbi Eliezer a Chasan may annul the Neder of his Kalah once he is obligated to give her Mezonos because she makes the Neder contingent on the acquiescence of her Chasan once she starts receiving Mezonos. The Ran says that although she makes the Neder Al Da'as her Chasan it is a Gezeiras ha'Kasuv that he may annul the Neder and it is not regarded as a Neder with a condition. Therefore the Chasan must annul the Neder using a Lashon of Hafarah. If the husband simply says that he does not want the Neder it is not sufficient, he must say Mufar Lach.

QUICK HALACHAH

HEARING A NEDER
 
The husband or father may annul a Neder without hearing it, however if he is deaf, [even] if he is capable of talking, he may not annul the Neder. Some say that a person may not annul a Neder without first hearing it, however if hears about it after he annuls it the annulment is valid. (Shulchan Aruch YD 234:25)

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