Nedarim Chart #11
Chart for Nedarim Daf 71a-b
WHEN THE FIRST ARUS DIES AND THE NA'ARAH REMARRIES, WHO MAY ANNUL A NEDER SHE MADE WHILE MARRIED TO THE FIRST ARUS?
| (A) BEIS HILLEL |
(B) BEIS SHAMAI |
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| IF, BEFORE THE FIRST ARUS DIED... |
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| 1) | NEITHER THE ARUS NOR THE FATHER HEARD THE NEDER | Her father and the second Arus | Her father and the second Arus |
| 2) | THE FATHER HEARD (1) (AND THE ARUS DID NOT HEAR) |
Her father and the second Arus (but only when she became betrothed again on that day) (2) |
Her father and the second Arus (but only when she became betrothed again on that day) |
| 3) | THE FATHER WAS MEFER (AND THE ARUS DID NOT HEAR) |
RAN: Her father and the second Arus (4) TOSFOS: No Hafarah (5) |
Her father and the second Arus (but only when she became betrothed again on that day) (2) |
| 4) | THE ARUS HEARD (AND THE FATHER DID NOT HEAR) | Her father and the second Arus (6) | RAN: Her father and the second Arus (6) TOSFOS: Her father (7) |
| 5) | THE ARUS WAS MEFER | Her father and the second Arus (8) | Her father (7) |
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FOOTNOTES:
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(1) This is the Halachah of the Mishnah, according to the way the Gemara on Daf 72a sets up the case (see the Ran there).
(2) If she becomes betrothed on the following day, then the second Arus cannot be Mefer the Neder, as follows. If, the father was later Mefer his portion and, through "Nisroknah," the portion of the first Arus as well, on the day that he heard the Neder (which was the day that the first Arus died), then the Neder is already annulled; if he was not Mefer his portion or the portion of the first Arus on the day he heard the Neder, then he was Mekayem the Neder through his silence on the day that he heard it and it is no longer possible for him to annul it (see Ran, DH Shama Aviha).
(3) This is what the Ran writes (69a, DH Aval Beis Hillel). See what we wrote about this in Insights to Daf 71:1.
(4) Even though the Neder has become weakened by the father's Hafarah, and the father cannot "inherit" it through the Halachah of "Nisroknah," nevertheless the second Arus can receive the rights to be Mefer it from the first Arus. This is because he does not have to "inherit" these rights from the first Arus; he simply "stands in the first Arus' shoes." (RAN)
(5) According to Tosfos, just as the father cannot "inherit" Nederim if he was Mefer them while the Arus was alive (see footnote #4), the second Arus may not "inherit" the rights to be Mefer such Nederim. (RAN)
(6) This is the case of our Mishnah, according to Shmuel. It is not stated explicitly whether the second Arus must be Mefer on the same day that the first Arus heard the Neder or not in this case. According to the Ran who writes that the second Arus "fills the shoes" of the first one (see footnote #4), it certainly seems logical that he is bound by the "Yom Sham'o" of the first Arus. According to Tosfos who does not accept that logic (see footnote #5), though, it is possible that he may be Mefer on the day that he hears the Neder (just as we find that when a Neder is passed to the father through "Nisroknah," he is not bound by the day that the Arus heard it). See also what we wrote in Insights to 72:1.
(7) According to Tosfos, the second Arus cannot be Mefer Nedarim that the first Arus heard. The reason for this is that although the Arus can be Mefer "b'Kodmin," i.e. Nedarim that were made before his marriage, he is limited to being Mefer Nedarim in which only the father had rights to their Hafarah (i.e., they were not heard by a previous Arus). Even though the father does have rights to be Mefer Nedarim heard by a previous Arus (before his daughter remarries) through the Halachah of Nisroknah, he has simply been given control of the first Arus' rights to be Mefer; they are not his own rights. Therefore he cannot pass those rights on to another Arus, when she remarries. Instead, after the second marriage the father retains the rights to that Neder, and may be Mefer himself.
(8) The Hafarah of the first Arus is Batel after he dies, and therefore it does not weaken the Neder and prevent others from inheriting it. (The second Arus might have to be Mefer on the same day that the first Arus heard the Neder in this case; see footnote #6.)