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Rosh Kollel: Rabbi Mordecai Kornfeld
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Nedarim Chart #8
THE HALACHAH | THE SOURCE | |
---|---|---|
KIYUM (upholding the Neder) | ||
1) | The husband can *uphold* the Neder | "Her husband heard... and he was silent, and [thus] her Nedarim are upheld" (Bamidbar 30:8) |
2) | The father can *uphold* the Neder | Based on logic: Since she is not yet fully withdrawn from the domain of her father, he should be able to at least *uphold* her Nedarim. |
BITUL (annulling the Neder) | ||
3) | The husband can *annul* the Neder (with the father)(1) | If the husband cannot annul the Neder but only the father can, the Torah should have described the father's right to annul Nedarim only with regard to Na'arah ha'Me'urasah. We would then derive via a Kal v'Chomer that the father can annul the Neder of his not-yet-betrothed daughter. |
4) | The father can annul the Neder (with the husband) | We find that a full-fledged husband (with Nisu'in) cannot annul his wife's pre-existing Nedarim while an Arus *can*. The only logical justification for this is that the Arus must annul the Neder *together* with the father. Since the father can annul pre-existing Nedarim(2), the Arus, too, is able to annul them. |
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