1)

(a)Assuming that, in the previous She'eilah, we rule leniently, Rami bar Chama asks whether a Cheresh too, can annul his wife's Nedarim. What does 'Cheresh' mean in this context?

(b)A Cheresh may well be worse than a husband who is unaware of his wife's Nedarim, due to Rebbi Zeira's principle. What is Rebbi Zeira's principle?

(c)In spite of Rebbi Zeira's principle, why might even a Cheresh nevertheless be able to annul his wife's vows?

1)

(a)Assuming that, in the previous She'eilah, we rule leniently, Rami bar Chama asks whether a Cheresh too, can annul his wife's Nedarim. 'Cheresh' in this context means - a deaf person who is able to talk (because if it meant a deaf-mute, like it usually does, how could he annul his wife's vows?).

(b)A Cheresh may well be worse than a husband who is unaware of his wife's Nedarim, due to Rebbi Zeira's principle 'Kol ha'Ra'uy l'Bilah, Ein Bilah Me'akeves Bo, v'Chol she'Ein Ra'uy l'Bilah, Bilah Me'akeves Bo' ('A Korban that requires mixing with oil, must at least be mixable, though it does not matter if the mixing is not actually performed').

(c)In spite of Rebbi Zeira's principle however, even a Cheresh might be able to annul his wife's vows - because the Torah may have written "v'Shama Ishah" because it is the norm, and not because it is necessary.

2)

(a)Rava resolves our She'eilah from a Beraisa. From which Pasuk does the Beraisa preclude a Cheresh from annulling his wife's Nedarim?

(b)Can we categorically infer from there that a husband who is a Pike'ach can annul the Nedarim of his wife even without hearing them?

(c)On what grounds then, do we rule that he can?

2)

(a)Rava resolves our She'eilah from a Beraisa, which precludes a Cheresh from annulling his wife's Nedarim - from "v'Shama Ishah" (to preclude a Cheresh).

(b)We cannot categorically infer from there that a husband who is a Pike'ach can annul the Nedarim of his wife even without hearing them - because the Tana (in similar fashion to the way we just explained the Pasuk) might mention the norm, but extends to the unusual case of a husband who did not hear about his wife's Nedarim.

(c)We nevertheless rule that he can - because Rami bar Chama implied that when he said 'Im Timtzi Lomar Ba'al Mefer b'Lo Shemi'ah', and then went on to cite Rebbi Zeira (a further indication that that is Halachah). In addition, the straightforward explanation of our Mishnah and the Beraisos cited in our Sugya convey that impression.

3)

(a)What She'eilah does the Torah's use of the word "b'Yom Shemo'a Ishah Yani Osah" give rise to?

(b)Does this She'eilah extend to a father (annulling the Nedarim of his two daughters), or is it confined to a husband?

(c)On what grounds does the Tana Kama of a Beraisa forbid making two Sotos drink Mei Sotah at the same time?

(d)In which regard does Rebbi Yehudah disagree with them? What does the word "v'Hishkah" have to do with "Osah"?

(e)What have we proved from this Beraisa?

3)

(a)The Torah's use of the word "b'Yom Shemo'a Ishah Yani Osah" (in the singular) gives rise to the She'eilah - whether a man is permitted to annul the Nedarim of his two wives simultaneously or not.

(b)In fact - this She'eilah extends to a father annulling the Nedarim of his two daughters, where the Torah also uses the word "v'Im Heini Avihah Osah".

(c)The Tana Kama of a Beraisa forbids making two Sotos drink Mei Sotah at the same time - on the grounds that the one (who may be guilty) will take heart from the other one (who is innocent), and claim that she, too, is innocent. Otherwise, she might have admitted that she was guilty, eliminating the need to erase Hash-m's name in the Mei Sotah.

(d)Rebbi Yehudah disagrees with them - inasmuch as, according to him, it is not for logical reasons that one does not make two Sotos drink Mei Sotah at the same time, but because we learn it from the Pasuk "Hishkah", which has a Mapik 'Hey' (a dot in the 'Hey'), giving it the same connotations as "Osah".

(e)So we see that whether, or not, "Osah" precludes two simultaneously is a Machlokes between the Tana Kama (who says that it does not) and Rebbi Yehudah (who says that it does).

4)

(a)The Tosefta permits a man to annul the five Nedarim that his wife declared with one Hafarah. What does it say about annulling the Nedarim of his five wives?

(b)In that case, like whom would we be ruling in the previous Beraisa, the Tana Kama or Rebbi Yehudah?

(c)The Ramban disagrees with this ruling, on the basis of the Sugya in Sotah, which equates the Tana Kama with Rebbi Yehudah. How can the Tana Kama (who learns his Din from a Sevara) hold the same as Rebbi Yehudah (who learns it from "Osah")?

(d)How will the Ramban, who rules like Rebbi Yehudah (because the Tana Kama too, Darshens Osah"), reconcile the Sugya in Sotah with the Tosefta?

4)

(a)The Tosefta permits a man to annul the five Nedarim that his wife declared - as well as the Nedarim of his five wives, with one Hafarah.

(b)In that case, we would be ruling like the Tana Kama in the previous Beraisa, who does not Darshen "Osah".

(c)The Ramban disagrees with this ruling, on the basis of the Sugya in Sotah, which equates the Tana Kama with Rebbi Yehudah - by establishing the Tana Kama as Rebbi Shimon, who gives reasons for Pesukim. Consequently, the reason given by the Tana Kama of Rebbi Yehudah, is the reason for the Derashah of "v'Hishkah", in which case, he too, holds of the Derashah "Osah".

(d)Based on the Sugya in Sotah, the Ramban, who rules like Rebbi Yehudah (because the Tana Kama too, Darshens "Osah") - rejects our version of the Tosefta (which must be erroneous, because, if Ravina and Rav Ashi (in Sotah) rule against it, it was clearly not learned in the Beis ha'Midrash of Rebbi Chiya and Rebbi Oshiya, and is therefore not authentic.

5)

(a)What does the Sugya in 'v'Eilu Nedarim' say about a man who annulled the Neder of his wife, thinking that it was his daughter who had declared it?

(b)Why is this not a clear-cut proof that we rule like Rebbi Yehudah, who Darshens "Osah"?

(c)Assuming that we rule like Rebbi Yehudah (and forbid annulling the Nedarim of two wives simultaneously), what will be the Din regarding upholding the Nedarim of his two wives simultaneously?

5)

(a)The Sugya in 'v'Eilu Nedarim' says that if a man annulled the Neder of his wife, thinking that it was his daughter who had declared it - his Hafarah is invalid, because we Darshen from "Osah" that he must have the intention of annulling the Nedarim of the person who declared the Neder, and not of somebody else.

(b)This is not a clear-cut proof that we rule like Rebbi Yehudah, who Darshens "Osah" - because maybe we apply the Derashah in the case of 'Eilu Nedarim' but not in the way that Rebbi Yehudah Darshens it ("Osah"... 'Levadah').

(c)Assuming that we rule like Rebbi Yehudah (and forbid annulling the Nedarim of two wives simultaneously) - the same will apply to upholding their Nedarim simultaneously (because Hakamah is compared to Hafarah).

73b----------------------------------------73b

6)

(a)Rebbi Eliezer says in our Mishnah that an Arus may annul the Nedarim of a Bogeres and a Na'arah who waited twelve months. What is the practical difference between the two periods in this regard?

(b)Who else does he include in his list?

(c)What is Rebbi Eliezer's reason?

(d)What do the Chachamim say?

6)

(a)Rebbi Eliezer rules in our Mishnah that an Arus may annul the Nedarim of a Bogeres and a Na'arah who waited twelve months. The practical difference between the two periods in this regard is - that during the twelve-month period, the Arus may annul the Nedarim of the Arusah only in conjunction with the father, whereas after the twelve months, he may annul them on his own.

(b)He includes in his list - an Almanah after thirty days.

(c)Rebbi Eliezer's reason is - because he then becomes Chayav to feed her (see also end of Sugya).

(d)The Chachamim say - that an Arus cannot annul his wife's Nedarim on his own until they are actually married.

7)

(a)What does the Mishnah Rishonah say in Kesuvos about ...

1. ... a betrothed girl who has waited for twelve months from the time that she asked the Arus to go ahead with the marriage?

2. ... a Yevamah who had waited eleven months and twenty-nine days for the Arus and one day for the Yavam?

(b)According to Rashi, in the latter case, even if she waited all twelve months in the Reshus of the Arus, she will not be permitted to eat from the Yavam, in the event that the Arus dies. Why does Rabeinu Tam (whose opinion is supported by a Yerushalmi), say otherwise?

(c)What does the Mishnah Acharonah say?

(d)One of the reasons of the Mishnah Acharonah is because of Simpon (the fear that the Arus may find a blemish and cancel the betrothal retroactively). What is the other one?

7)

(a)The Mishnah Rishonah says in Kesuvos that ...

1. ... a betrothed girl who has waited for twelve months from the time that she asked the Arus to go ahead with the marriage - is entitled to eat from the Arus' property, and that she may even eat Terumah, if he is a Kohen.

2. ... a Yevamah who had waited eleven months and twenty-nine days for the Arus and one day for the Yavam - may not.

(b)According to Rashi, in the latter case, even if she waited all twelve months in the Reshus of the Arus, she will not be permitted to eat from the Yavam, in the event that the Arus dies. Rabeinu Tam (whose opinion is supported by a Yerushalmi), says that she may - because even though the Yavam is not obligated to start feeding her, he is obligated to ensure that she does lose the rights that she already has, on account of him.

(c)According to the Mishnah Acharonah - a Zarah who is betrothed to a Kohen may not eat Terumah until she is married.

(d)One of the reasons of the Mishnah Acharonah is because of Simpon (the fear that the Arus may find a blemish and cancel the betrothal retroactively). The other one is - because of the fear that she may hand a cup of Terumah-wine to her siblings.

8)

(a)What makes Rabah equate the Mishnah Rishonah with Rebbi Eliezer? Perhaps they agree with the Rabanan, and say that regarding Hafaras Nedarim, which is d'Oraisa, Chazal did not place the Arusah in the Reshus of the Arus, whereas with regard to eating Terumah nowadays, which is only an Isur d'Rabanan, they did?

(b)Abaye refutes Rabah's suggestion. According to him, we do not need to come on to a precedent mid'Oraisa. Why would the Mishnah Rishonah intrinsically not be afraid ...

1. ... of 'Simpon'?

2. ... that the Arusah may give a cup of Terumah-wine to her siblings?

(c)On what grounds is the Mishnah Acharonah nevertheless afraid ...

1. ... of 'Simpon'?

2. ... that the Arusah may give a cup of Terumah wine to her siblings?

8)

(a)What makes Rabah equate the Mishnah Rishonah with Rebbi Eliezer - is because, if we did not have a source to be lenient d'Oraisa (like Rebbi Eliezer in our Mishnah), the Chachamim, based on the principle 'Asu Chizuk l'Divreihem k'shel Torah', would not have permitted an Arusah to eat Terumah (even though nowadays, it is only an Isur d'Rabanan).

(b)Abaye refutes Rabah's suggestion. According to him, we do not need to come on to a precedent mid'Oraisa. The Mishnah Rishonah would intrinsically not be afraid ...

1. ... of 'Simpon' - because before feeding her, the Arus has her examined externally by his relatives (so as not to waste his money for nothing).

2. ... that the Arusah may give a cup of Terumah wine to her siblings - because, since he feeds her, he designates a place for her to eat in his house (where her siblings have no business to be).

(c)The Mishnah Acharonah is nevertheless afraid ...

1. ... of 'Simpon' - because they do not consider an external examination sufficiently thorough.

2. ... that the Arusah may give a cup of Terumah-wine to her siblings - because they disagree with the argument that, once the time-limit expires, the Arus designates a place for the Arusah to eat.

9)

(a)Rebbi Eliezer, says Abaye further, might permit the Arus to be Mefer the Arusah's Nedarim (even though it is d'Oraisa), and still hold like the Mishnah Acharonah (which is stringent by Terumah, even though the Isur is only d'Rabanan) because he holds like Rav Pinchas mi'Shmei d'Rava. What does Rav Pinchas mi'Shmei d'Rava say?

(b)Does this mean that Rav Pinchas mi'Shmei d'Rava's statement is confined to the opinion of Rebbi Eliezer?

(c)In which point do the Rabanan disagree with Rebbi Eliezer?

(d)Once they are married however, the Rabanan also learn like Rav Pinchas mi'Shmei d'Rava. How about a case of Chupah d'Rabanan, such as that of a Ketanah who was married off by her mother or brother?

9)

(a)Rebbi Eliezer, says Abaye further, might permit the Arus to be Mefer the Arusah's Nedarim (even though it is d'Oraisa), and still hold like the Mishnah Acharonah (which is stringent by Terumah, even though it is only an Isur d'Rabanan) because he holds like Rav Pinchas mi'Shmei d'Rava - who says that when a woman makes a Neder, she has in mind that it will only take effect with her husband's consent (and according to Rebbi Eliezer, this commences already from the time that the Arus begins to feed her.

(b)This does not mean that Rav Pinchas mi'Shmei Rava's statement is confined to the opinion of Rebbi Eliezer - because it is clear from a Sugya in Nidah that Rav Pinchas mi'Shmei Rava's statement is unanimous.

(c)The Rabanan disagree with Rebbi Eliezer - insofar as, in their opinion, it only applies to after the marriage (because before the marriage, an Arus who feeds his Arusah is no different than a stranger who does so).

(d)Once they are married however, the Rabanan also learn like Rav Pinchas mi'Shmei Rava - even in a case of Chupah d'Rabanan, such as that of a Ketanah who was married off by her mother or brothers.

10)

(a)What do some commentaries extrapolate from Rav Pinchas mi'Shmei d'Rava with regard to someone who declares a Neder, subject to his friend's consent?

(b)What makes this an error? Seeing as the Sevara is the same in both cases, what is the difference between them?

(c)How do we know that Hafaras Nedarim is a 'Gezeiras ha'Kasuv'?

(d)When will a condition be effective by the latter case, but not by Hafaras Nedarim?

10)

(a)Some commentaries extrapolate from Rav Pinchas mi'Shmei d'Rava that if someone declares a Neder subject to his friend's consent - his friend's protest is sufficient to annul the Neder without having to go to a Chacham.

(b)This is an error however - because the fact that the husband can uproot the Neder by protesting is a 'Gezeiras ha'Kasuv', which cannot be extended to other cases of Neder.

(c)We know that Hafaras Nedarim is a 'Gezeiras ha'Kasuv' - because the husband may only annul the Nedarim using the Lashon fixed by the Torah.

(d)Should the Noder make a firm condition, connecting his Neder with his friend's consent, and his friend responds with words such as 'I Efshi' - this would be effective, whereas by Hafaras Nedarim, it would not (because it is not the Lashon required by the Torah for Hafaras Nedarim).

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