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NEDARIM 91

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NEDARIM 91 - 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.

SUMMARY

The wife of a Kohen who is raped receives a Kesuvah from her husband. (1)
 
Rav Hamnuna says that a woman who claims to her husband that he divorced her is believed because a woman does not have the Chutzpah to lie to her husband to his face. (2)
 
Rava says that a woman is not believed to claim to her husband that he divorced her because sometimes a woman is very angry at her husband and has the Chutzpah to lie. (3)
 
If a husband enters his house and another man who was in seclusion with his wife runs away, the wife is permitted to her husband. (4)
 
If a husband enters his house and another man who was in seclusion with his wife hid, if the husband was about to eat something poisonous and the person warned him from his hiding place she is permitted to her husband. (5)

A BIT MORE

1. The wife of a Kohen who is raped is forbidden to her husband; however she receives a Kesuvah because it is the husband's fault that she is forbidden to him as it is the Kedushas Kehunah that causes the prohibition.
 
2. Even according to the Mishnah Acharonah who said that a woman is not believed to say that she was raped that is only because she knows that her husband does not know the truth and it is easy for her to lie. However, she is believed to say she is divorced because her husband knows if she is lying and therefore she does not have the Chutzpah to lie.
 
3. Even according to the Mishnah Rishonah who says that a woman is believed to say that she was raped that is only because a woman will not disgrace herself with such a claim if it was not true, but getting divorced is not a disgrace and a woman will lie in order to get out of her marriage.
 
4. Because if he was Mezaneh with her he would have hid so that his identity would not be known to the husband.
 
5. Because if he had been Mezaneh with her he would have preferred that he would have died.

BRIEF INSIGHT

RUNNING AWAY
 
If a person enters his house and another man who was in seclusion with his wife runs away, the wife is permitted to her husband because if he was Mezaneh with her he would have hid so that his identity will not be known to the husband. The Noda b'Yehudah asks that maybe he preferred to run away so that he will escape entirely before his identity is known to the husband. The Noda b'Yehudah answers in accordance with the Aruch that the husband managed to see him before he took off and therefore if he committed a prohibition he would have preferred to hide away from the husband.

QUICK HALACHAH

A DIVORCE CLAIM
 
A married woman who stretched out her hand and accepted Kidushin from another man in front of her husband is Mekudash to the other man. A woman who claims in front of her husband that he divorced her is believed, because a woman does not have the Chutzpah to lie to her husband to his face. (Shulchan Aruch EH 17:2)


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