1)

IS DIVORCE LIKE AFFIRMATION? (cont.)

(a)

Answer #1 (Beraisa) Question: When do we say that the father (of a Na'arah Me'orasah) gets Reshus to annul her vows (by himself) after she is widowed or divorced?

1.

Answer: It is if the Arus did not hear the vow, or heard it and annulled it, or was silent and died that day.

2.

If divorce is like silence, the Mishnah should also teach 'if he was silent and divorced her'!

3.

Conclusion: Divorce is like affirmation.

(b)

Objection: The Seifa connotes the opposite!

1.

(Seifa): If the Arus affirmed the vow, or was silent and died on a later day, the father cannot annul it.

2.

If divorce is like affirmation, the Mishnah should also teach this case!

3.

Conclusion: Divorce is like silence.

(c)

Conclusion: The inferences from the Reisha and Seifa contradict each other, so we cannot settle the question from the Beraisa;

1.

We do not know which is precise (the inference may be made from it), and which (was taught for parallel structure and) is imprecise.

(d)

Answer #2 (Mishnah): An Arusah vowed; she was divorced that same day, and got was Mekadesh again the same day - even if she remarried 100 times that day, her father and the last Arus annul her vows.

1.

This shows that divorce is like silence. If it was as affirmation, the last Arus could not annul what the first Arus affirmed!

(e)

Rejection: No, the case is, the first Arus did not hear the vow.

1.

Question: If so, why does the Mishnah say that she remarried the same day? The same law would apply even if she remarried 100 days later!

2.

Answer: The case is, the Arus did not hear, but the father heard;

i.

Since the father can annul only that day, she must remarry that day for joint annulment to be possible.

(f)

Answer #3 (Mishnah): If a girl vowed on the day she married, was divorced, and remarried her husband the same day, he cannot annul her vow.

1.

This shows that divorce is like affirmation.

(g)

Rejection: That Mishnah discusses Nisu'in.

1.

He cannot annul when he remarries her, for the vow is considered like a vow that preceded the marriage (such vows can be annulled only together with the father. Once she had Nisu'in, the father has no Reshus over her.)

72b----------------------------------------72b

2)

ANNULMENT OF PREVIOUS VOWS

(a)

(Mishnah): A Chacham annuls his daughter's vows before she leaves his Reshus.

1.

He tells her 'all vows that you made in my house are annulled.'

(b)

Similarly, a Ba'al annuls her vows before she enters his Reshus (Nisu'in).

1.

After Nisu'in, he cannot annul prior vows.

(c)

(Gemara - Rami bar Chama) Question: Can a husband annul his wife's vows without hearing them?

1.

Is "her husband heard" essential, or not?

(d)

Answer #1 (Rava - Mishnah): A Chacham annuls his daughter's vows before she leaves his Reshus. He tells her 'all vows that you made in my house are annulled.'

1.

This shows that he annuls even without hearing them!

(e)

Rejection: (This annulment does not work.) He annuls them after he hears them.

1.

Question: If it doesn't work, why does he say it?

2.

Answer: A Chacham strives to annul his daughter's vows (Perhaps this will prompt her to mention her vows.)

(f)

Answer #2 (Mishnah): Similarly, a Ba'al annuls them before she enters his Reshus.

(g)

Rejection: Here also, he can truly annul them only after he hears them.

(h)

Answer #3 (Mishnah): If a man told his wife 'all vows you take from now until I return from Ploni (a certain place) are affirmed', this has no effect;

1.

R. Eliezer says, if he said 'they are annulled', they are annulled.

2.

This shows that he annuls them before he hears them!

(i)

Rejection: Here also, they are truly annulled only after he hears them. (Ran - some say that this happens automatically. Some say that he must annul them again.)

1.

Question: If so, why does he say this now? He can annul them when he hears them!

2.

Answer: He is concerned lest he be distracted when he hears them, and will forget to annul them.

(j)

Answer #4 (Beraisa - R. Yoshiyah): If a man told an overseer 'annul all vows that my wife will make from now until I return from Ploni'; the overseer's annulment is invalid;

1.

R. Yonasan says, the rule is, if Reuven's Shali'ach did an act, it is as if Reuven did it!

2.

Even R. Yoshiyah disqualifies the annulment only because it says "her husband will affirm (her vow), her husband will annul it". He agrees that normally, Reuven's Shali'ach's actions are attributed to Reuven.

3.

The annulment works (or would work, if not for the verse), even though her husband did not hear the vow!

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