1)
(a)What category of Nedarim is a husband permitted to nullify his wife's Nedarim?
(b)From where do we know that the current restrictions extend to a father (See question #2)?
(c)How about her Shevu'os?
(d)Then why did the Tana not mention them?
(e)In fact, the example of 'Im Erchatz' that the Mishnah presents is a Neder, and 'Im Lo Erchatz', a Shevu'ah. What exactly does the Noder say in the case of Neder?
1)
(a)A husband is permitted to nullify his wife's Nedarim - provided they are Nidrei Inuy Nefesh (Nedarim that cause her anguish [See Tos. Yom-Tov]).
(b)We know that the current restrictions extend to a father (See question #2) - from the Pasuk in Matos ("bein Ish le'Ishto, bein Av le'Vito") which comparing the latter to the former.
(c)The same Din applies to Shevu'os as that which applies to Nedarim.
(d)The Tana did not mention them - because in the Lashon Chachamim, Nedarim incorporates Shevu'os.
(e)In fact, the example of 'Im Erchatz' that the Mishnah presents is a Neder, and 'Im Lo Erchatz', a Shevu'ah. In the case of Neder - the Noder declares a permanent prohibition of washing on herself, in the event that she washes today.
2)
(a)What other example of Nidrei Inuy Nefesh does the Tana Kama present?
(b)On what grounds does Rebbi Yossi say that 'she'Erchatz ... ' is not Nidrei Inuy Nefesh?
(c)Like whom is the Halachah?
(d)What does the Rambam say, based on the Pasuk (written in connection with a father nullifying his daughter's Nedarim) "Kol Nedarehah ve'Esarehah"?
2)
(a)The other example of Nidrei Inuy Nefesh presented by the Tana Kama is - 'Im Eskashet' (not to adorn herself [See Tos. Yom-Tov]).
(b)Rebbi Yossi say that 'she'Erchatz ... ' is not Nidrei Inuy Nefesh - since she has the option of not washing just that day (and not washing for one day is not considered Inuy Nefesh).
(c)The Halachah is - like the Tana Kama.
(d)Based on the Pasuk "Kol Nedarehah ve'Esarehah", the Rambam - permits a father to nullify even the Nedarim that his daughter makes, wvwn if they are not Inuy Nefesh (See first Tos. Yom-Tov in the Perek).
3)
(a)Who is the author of the Mishnah which once again defines Nidrei Inuy Nefesh?
(b)If, in the case of 'Konam Peiros alai', Rebbi Yossi permits a husband to annul his wife's Nedarim, what does he say about a case where she declares 'Konam Peiros...
1. ... Medinah alai' (See Tos. Yom-Tov)?
2. ... Chenvani Zeh alai'?
(c)On what condition does he permit him to annul the latter Neder?
(d)What is the underlying principle behind Rebbi Yossi's opinion? When does he permit nullifying Inuy Nefesh and when does he forbid it?
(e)Like whom is the Halachah?
3)
(a)The author of the Mishnah which once again defines Nidrei Inuy Nefesh is - Rebbi Yossi.
(b)Whereas, in the case of 'Konam Peiros alai', Rebbi Yossi permits a husband to annul his wife's Nedarim, should she declare 'Konam Peiros...
1. ... Medinah alai' - he cannot annul it, since it is possible to bring her fruit from a different country (See Tos. Yom-Tov & Tiferes Yisrael).
2. ... Chenvani Zeh alai' - he cannot annul it either (since she can always purchase from another shop).
(c)He permits him to annul the latter Neder however - there where the shopkeeper concerned is the only shopkeeper who trusts him (and who is therefore willing to provide him on credit until he obtains money where necessary (See Tos. Yom-Tov).
(d)The underlying principle behind Rebbi Yossi's opinion is that - a husband is permitted to annul his wife's Nedarim as long as the Inuy is excessive or for a long period, but not otherwise.
(e)The Halachah is - like the Tana Kama (See Tos. Yom-Tov).
4)
(a)What other category of Neder or Shevu'ah may a husband annul?
(b)Examples of this are if she makes a Neder not to wear eye-paint or not to adorn herself, or if she makes a Neder not to eat the fruit of the country in which they live. What makes the latter case 'Beino le'Veinah'?
(c)What is the major difference between Nidrei Inuy Nefesh and Nedarim that are Beino le'Veinah?
4)
(a)The other category of Neder or Shevu'ah that a husband may annul is - that of 'Beino le'Veinah' (where it affects their interpersonal relationship.
(b)Examples of this are if she makes a Neder not to wear eye-paint or not to adorn herself, or if she makes a Neder not to eat the fruit of the country in which they live. What makes the latter case 'Beino le'Veinah' - is the tremendous trouble (and expense) involved in importing fruit from another country.
(c)The major difference between Nidrei Inuy Nefesh and Nedarim that are Beino le'Veinah is - that whereas the former, the husband annuls totally, the annulment of the latter only lasts as long as they are married, but the moment she becomes widowed or divorced, the Nedarim that he annulled come into effect.
5)
(a)If a woman makes a Neder not to have Hana'ah from people, why does the Mishnah forbid her husband to annul it?
(b)Who is the author of this Mishnah?
(c)What is the Halachah?
(d)On what grounds can he in fact, annul it?
5)
(a)If a woman makes a Neder not to have Hana'ah from people, the Mishnah forbids her husband to annul it - since, due to the fact that she can receive her needs from her husband (who is not included in 'people'), it does not fall under the category of Nidrei Inuy Nefesh.
(b)The author of this Mishnah is - Rebbi Yossi (as we explained in the previous Mishnah).
(c)The Halachah however, is - that the husband is permitted to annul it ...
(d)... because it is considered 'Beino le'Veinah' (as we explained there [See also Tos. Yom-Tov]).
6)
(a)What do we learn from the Pasuk in Matos " ... bein Ish le'Ishto"?
(b)What will be the Din therefore be with regard to annulling a Neder forbidding Hana'ah from P'loni?
(c)Regarding the current Neder, is the woman permitted to take Leket, Shikchah and Pe'ah, according to the Chachamim of Rebbi Yossi?
(d)Why does the Tana insert this concession here?
6)
(a)We learn from the Pasuk in Matos " ... bein Ish le'Ishto" that - a man is permitted to annul his wife's Nedarim that are 'Beino le'Veinah'.
(b)The same will apply to a case where she makes a Neder forbidding Hana'ah from P'loni, according to the Chachamim of Rebbi Yossi (since it makes life more difficult for the husband).
(c)Regarding the current Neder - the woman is permitted to take Leket, Shikchah and Pe'ah (See Tos. Yom-Tov DH 'vi'Yecholah Hi ... & 'be'leket, Shikchah and Pe'ah').
(d)The Tana inserts this concession here - as an additional reason as to why, according to Rebbi Yossi, her husband is not permitted to annul the Neder.
7)
(a)What does the Mishnah say about a person who makes a Neder forbidding Kohanim and Levi'im to benefit from his property?
(b)Why is this Halachah written here?
(c)What if he specifies certain Kohanim and Levi'im?
7)
(a)The Mishnah rules that if a person makes a Neder forbidding Kohanim and Levi'im to benefit from his property - his Neder is invalid.
(b)This Halachah is written here - because just as the Muderes Hana'ah in the previous Halachah is permitted to benefit from Matnos Aniyim, so too are the Kohanim and Levi'im here permitted to benefit from the Noder's T'rumos and Ma'asros (See also Tos. Yom-Tov).
(c)If however, he specifies certain Kohanim and Levi'im - then it is valid, and he must give the Matnos Kehunah to other Kohanim and Levi'im (See Tos. Yom-Tov).
8)
(a)What does the woman mean when she says 'Konam she'Eini Osah al-Pi Aba ve'al-Pi Avicha ... '?
(b)Why can her husband not annul it?
(c)Who is the author of this Mishnah?
8)
(a)When the woman says 'Konam she'Eini Osah al-Pi Aba ve'al-Pi Avicha ... ', she means - that whatever she produces will be Hekdesh with regard to her father or father-in-law ... .
(b)Her husband cannot annul it - because being Madir one person is not considered Beino le'Veinah.
(c)This Mishnah is - unanimous.
9)
(a)What does the Tana Kama say about 'Konam she'Eini Osah al Picha'?
(b)Why is that?
(c)Why is the Neder not automatically annulled due to the principle 'Ein Adam Makdish Davar she'Lo Ba le'Olam'?
(d)How do we reconcile this with the Din that Hekdesh overrides a Shibud?
9)
(a)The Tana Kama rules that 'Konam she'Eini Osah al Picha' - does not require nullification ...
(b)... because what a woman produces is Meshubad to her husband, in which case the Neder is automatically invalid (See Tos. Yom-Tov).
(c)It is not automatically annulled due to the principle 'Ein Adam Makdish Davar she'Lo Ba le'Olam' - because it speaks where she actually declares her hands Hekdesh to the One who made them (See Tos. Yom-Tov).
(d)We reconcile this with the Din that Hekdesh overrides a Shibud - by citing Chazal who reinforced the husband's Shibud.
10)
(a)On what grounds does...
1. ... Rebbi Akiva nevertheless require the husband to annul the Neder?
2. ... Rebbi Yochanan ben Nuri require him to annul it anyway (even assuming she will not produce more than the required amount?
(b)Like whom is the Halachah?
10)
(a)Rebbi ...
1. ... Akiva nevertheless requires the husband to annul the Neder - in case she produces more than she is obligated to produce for her husband (See Tos. Yom-Tov), on which the Neder will take effect.
2. ... Yochanan ben Nuri requires him to annul it anyway (even assuming she will not produce more than the required amount - in case he subsequently divorces her, in which case her husband's nullification will be negated (See Tos. Yom-Tov), and what she now produces will be forbidden to him (which means that he cannot take her back).
(b)The Halachah is - like Rebbi Yochanan ben Nuri.
11)
(a)What does the Mishnah say about a man who anuls a Neder thinking that his wife made it, when in reality, it was his daughter, or vice-versa?
(b)What if he thought that he nullified his wife's Neder thinking that she vowed ...
1. ... to be a Nazir when in reality, she vowed to bring a Korban, or vice-versa?
2. ... not to eat grapes when in reality it was figs, or vice-versa?
(c)Which of the above does he learn from the Pasuk in Matos ...
1. ... "Lo Heini osah"?
2. ... "Veshama Avihah es Nidrah"?
11)
(a)If a man anuls a Neder thinking that his wife made it, when in reality, it was his daughter (See Tos. Yom-Tov), or vice-versa, the Mishnah rules that - he must nullify it again (because the first nullification is invalid), and the same will apply ...
(b)... if he nullified his wife's Neder thinking that she vowed ...
1. ... to be a Nazir when in reality, she vowed to bring a Korban, or vice-versa, or that she vowed ...
2. ... not to eat grapes when in reality it was figs, or vice-versa.
(c)From the Pasuk in Matos ...
1. ... "Lo Heini osah" - he learns the former Halachah (to know whose Neder he is nullifying), and from ...
2. ... "Veshama Avihah es Nidrah" - to know exactly which Neder he is nullifying (See Tos. Yom-Tov).
12)
(a)What is the Din in a case where a woman makes a Neder not to eat figs and grapes (Te'einim va'Anavim) and her husband ...
1. ... upholds the Neder on figs only?
2. ... annuls the Neder on figs only?
(b)How do we learn the former ruling from the words "Iyshah Yekimenah" (in the Pasuk in Matos "Iyshah Yekimenah ve'Iyshah Yefeirenah")?
(c)Why does the Tana not make the same inference with regard to the Hafarah (from the word "Yefirenah")?
(d)What if the woman declares "Konam Te'einim she'Eini To'emes va'Anavim she'Eini To'emes!'
12)
(a)In a case where a woman makes a Neder not to eat figs and grapes (Te'einim va'Anavim) and her husband ...
1. ... upholds the Neder on figs only - the entire Neder is upheld, whereas if he...
2. ... annuls the Neder on figs only - the other half of the Neder (See Tos. Yom-Tov) remains intact.
(b)We learn the former ruling from the words "Iyshah Yekimenah" (in the Pasuk in Matos "Iyshah Yekimenah ve'Iyshah Yereirenah") - which implies that the Neder will stand even if the father annuls only part of it (as if it had written 'Yakim Mimenah').
(c)The Tana does not learn the same with regard to the Hafarah - since the word "Yefirenah" does not contain a 'Mem'.
(d)If however, the woman declares "Konam Te'einim she'Eini To'emes va'Anavim she'Eini To'emes!' (See Tos. Yom-Tov) - then they are considered like two separate Nedarim, both as regards Hakamah and Hafarah.
13)
(a)This Mishnah however, is a lone opinion. What do the Chachamim hold, based on a Hekesh of Hakamah to Hafarah?
(b)Then why does the Torah write "Iyshah Yekimenah"?
(c)How does this ruling differ from the Hataras Nedarim of a Chacham?
13)
(a)This Mishnah however, is a lone opinion. Based on a Hekesh of Hakamah to Hafarah, the Chachamim hold - that what the husband upholds is upheld, but not the rest (which can still be annulled that day).
(b)The Torah writes "Iyshah Yekimenah" - merely because that is the way the Torah writes (See Tos. Yom-Tov).
(c)With regard to the Hataras Nedarim of a Chacham on the other hand, the Din is - that 'Neder she'Hutar Miktzaso Hutar Kulo', as we have already learned (See Tos. Yom-Tov).
14)
(a)What does the Mishnah say about a case where, some time after a woman makes a Neder, her husband claims that he knew about Nedarim, but was not aware that he was permitted to annul them?
(b)In the reverse case, where he claims that he was aware of the fact that he could make Hafaras Nedarim but did not know that what his wife declared constituted a Neder, Rebbi Meir rules that he is not permitted to annul it. Why is that?
(c)What do the Chachamim say?
(d)Like whom is the Halachah?
14)
(a)If, some time after a woman makes a Neder, her husband claims that he knew about Nedarim, but was not aware that he was permitted to annul them, the Mishnah rules that - it is considered as if he heard the Neder now, and he may annul it up to nightfall.
(b)In the reverse case, where he claims that he was aware of the fact that he could make Hafaras Nedarim, but did not know that what his wife declared constituted a Neder, Rebbi Meir rules that he is not permitted to annul it - because, since he knew that he was permitted to annul it, he was obligated to annul it when he heard it, and not any time after nightfall.
(c)The Chachamim - permit him to annul it, like in the previous case.
(d)The Halachah is - like the Chachamim.
15)
(a)The Mishnah now discusses the case of a man who is Mudar Hana'ah from his father-in-law (See Tos. Yom-Tov), where the latter now wishes to give his daughter money (See Tos. Yom-Tov). How can he do that? What must he say to avoid benefiting his son-in-law?
(b)What is the significance of the words that he adds 'only what you take and place in your mouth' (See Tiferes Yisrael)?
(c)Why is it not forbidden due to the fact that the son-in-law is now spared from having to make the effort to sustain his wife?
15)
(a)The Mishnah now discusses the case of a man who is Mudar Hana'ah from his father-in-law (See Tos. Yom-Tov), where the latter now wishes to give his daughter money. He can do that - by giving her the money directly on the express condition that her husband has no jurisdiction over it.
(b)The words that he adds 'only what you take and place in your mouth' - refer to the father's initial statement 'This money is yours ... but only once you place the food that you purchase with it in your mouth!'
(c)It is forbidden due to the fact that the son-in-law is now spared from having to make the effort to sustain his wife - because sparing from effort is not considered Hana'ah in this regard.
16)
(a)What does the Tana say about a woman who undertakes to be a Nazir after thirty days have elapsed and who marries within that time.
(b)From which Pasuk in Matos does he learn it?
(c)Why can it not be taken literally?
(d)Which principle is the Pasuk coming to teach us?
16)
(a)The Tana rules that if a woman undertakes to be a Nazir after thirty days have elapsed and who marries within that time - her husband is not permitted to annul it.
(b)He learns it from the Pasuk in Matos - "ve'Neder Almanah u'Gersushah Yakum alehah" ...
(c)... which cannot be taken literally - since its literal interpretation is obvious (seeing as there is nobody to be Meifer her Nedarim).
(d)The they principle the Pasuk is coming to teach us is that - for a husband to annul his wife's Nedarim, we go after the time when the Neder is declared, and not after the time it takes effect.
17)
(a)And what does the Tana say about a case where ...
1. ... a husband nullifies the above Neder that his wife made, where he subsequently divorces her within the thirty days?
2. ... on the same day that the married woman makes the Neder, her husband both divorces her and takes her back, with regard to nullifying the Neder now?
(b)The Mishnah bases this last ruling on the principle that once a woman leaves her husband's domain between the Neder and the Hafarah (even for a short period of time), he may no longer annul her Nedarim (See Tos. Yom-Tov). What is the reason behind it?
17)
(a)The Tana also rules in a case where ...
1. ... a husband nullifies the above Neder that his wife made, where he subsequently divorces her within the thirty days, that - the Neder is annulled (based on the same principle as the previous question).
2. ... on the same day that the married woman makes the Neder (See Tos. Yom-Tov), her husband both divorces her and takes her back that - his nullification is invalid.
(b)The Mishnah bases this last ruling on the principle that once a woman leaves her husband's domain between the Neder and the Hafarah (even for a short period of time), he may no longer annul her Nedarim (See Tos. Yom-Tov). This in turn, is based on the principle - that a husband cannot annul a Neder that his wife declared before their current marriage.
18)
(a)How many girls does the Mishnah list whose Nedarim are not subject to Hafaras Nedarim?
(b)The first of these is 'a Bogeres who is a Yesomah'. What is the case?
(c)The second case is 'a Na'arah who became a Bogeres, who is a Yesomah'. How does this case differ from the previous one?
(d)What is the third case of a 'Yesomah be'Chayei ha'Av'?
18)
(a)The Mishnah lists - nine cases of girls whose Nedarim are not subject to Hafaras Nedarim.
(b)The first of these is 'a Bogeres who is a Yesomah' - a girl whose father married her off and whose husband dies when she is a Na'arah, who subsequently made a Neder after she became a Bogeres.
(c)The second case is 'a Na'arah who became a Bogeres, who is a Yesomah'. This case differs from the previous one - in that she made the Neder whilst she was still a Na'arah.
(d)The third case of a 'Yesomah be'Chayei ha'Av' is - the same as the previous one only where she is still a Na'arah.
19)
(a)The Tana now lists three cases where the girl's father died; the first, a Bogeres who made a Neder; the second, a Na'arah who became a Bogeres after making a Neder, both of whose fathers then died. What is the third case?
(b)The first two cases out of the last three are a. where a Na'arah who declared a Neder after her father died and who then became a Bogeres and b. where a Na'arah made a Neder when she was a Na'arsh and who then became a Bogeres and whose father is still alive. What is the third case?
(c)Into which three major categories can these nine cases be placed?
19)
(a)The Tana now lists three cases where the girl's father died; the first, a Bogeres who made a Neder; the second, a Na'arah who became a Bogeres after making a Neder (before their father died). The third case here again is - the same as the previous one only where she has not yet becomes a Bogeres.
(b)The first two cases out of the last three are a. where a Na'arah who declared a Neder after her father died and who then became a Bogeres and b. where a Na'arah made a Neder when she was a Na'arsh and who then became a Bogeres and whose father is still alive and c. - a Bogeres who makes a Neder and whose father is alive.
(c)The three major categories into which these nine cases places be placed are - Bogeres, Yesomah and Yesomah be'Chayei ha'Av, respectively (See Tos. Yom-Tov-Tov).
20)
(a)What does Rebbi Yehudah say about a father who marries off his daughter who is a Ketanah and who first becomes widowed or divorced and then, a Na'arah (See Tos. Yom-Tov)?
(b)In which point does the Tana Kama disagree with him?
20)
(a)Rebbi Yehudah rules that if a father marries off his daughter who is a Ketanah and who first becomes widowed or divorced and then, a Na'arah - he can no longer annul her Nedarim ...
(b)... whereas according to the Tana Kama - marrying off a Ketanah does not take a daughter out of her father's jurisdiction.
21)
(a)What does the Mishnah say about a husband annulling the Neder of a woman who has forbidden on herself Hana'ah from ...
1. ... her own father or from the father of her husband in the event that she produces work for her husband?
2. ... him in the event that she produces work for her own father or for his?
(b)Why is that?
21)
(a)The Mishnah rules that - a husband is permitted to annul the Neder of a woman who has forbidden on herself Hana'ah from ...
1. ... her own father or from the father of her husband, in the event that she produces work for her husband, or from ...
2. ... her husband in the event that she produces work for her own father or for his ...
(b)... because both cases fall under the category of 'Beino le'Veinah', since even where she becomes forbidden to benefit from her husband's father is an embarrassment for her husband.
22)
(a)The Tana finally discusses three cases of women who 'go out and receive their Kesuvos'. The first of these is a woman who claims that she is forbidden to her husband. What is the case? To whom is she married?
(b)The second case is that of a woman who claims 'Shamayim Beini le'Veinach'. What does she mean by that?
(c)Why does she use this expression?
(d)On what condition is her claim accepted?
(e)Why is that?
22)
(a)The Tana finally discusses three cases of women who 'go out and receive their Kesuvos'. The first of these is - the wife of a Kohen who claims that she is forbidden to her husband on account of her having been raped.
(b)The second case is that of a woman who claims 'Shamayim Beini le'Veinach' - that his Zera does not shoot like an arrow (in which case he is incapable of having children.
(c)She uses this expression - because only Hash-m knows that she is telling the truth (since she has no way of proving it).
(d)Her claim is accepted - provided she claims that she wants to have children to look after her in her old age and to see to her burial when she dies ...
(e)... because otherwise, she is not subject to the Mitzvah of "P'ru u'Revu".
23)
(a)The third case is where a woman claims 'Netulah Ani min ha'Yehudim'. What does she mean by that?
(b)What is the Din of a woman who forbids her husband's Tashmish on herself?
(c)On what grounds does this Halachah differ from that one?
(d)Why is it nevertheless not considered 'Beino le'Veinah'?
23)
(a)The third case is where a woman claims 'Netulah Animin ha'Yehudim', by which she means - that she forbids on herself intimacy with any man from Yisrael.
(b)A woman who forbids her husband's Tashmish on herself, on the other hand - goes out without a Kesubah (as we learned in Kesuvos) ...
(c)The Halachah in this case differs from that one - because the fact that she includes everybody in her Neder indicates that she made it because intimacy is painful for her.
(d)It is not nevertheless considered 'Beino le'Veinah' - seeing as he has the option of divorcing her.
24)
(a)Why did the Chachamim retract from the above rulings?
(b)What did they subsequently rule with regard to a woman who claims ...
1. ... 'Teme'ah Ani lach'?
2. ... 'Shamayim Beini le'Veinach'? Why does she use this expression?
(c)What does one do, in the latter to persuade her, according to the Yerushalmi?
(d)And what did they say with regard to a woman who declares ... 'Netulah Ani min ha'Yehudim'?
24)
(a)The Chachamim retracted from the above rulings - because of the drop in moral integrity of later generations, due to which they suspected that the above women were lying, and that they made their claims merely to escape from their respective marriages.
(b)Consequently, they subsequently ruled that a woman who claims ...
1. ... 'Teme'ah Ani lach' - must prove her claim via two witnesses.
2. ... 'Shamayim Beini le'Veinach' - one tries to induce her to remain with her husband in spite of her claim ...
(c)... according to the Yerushalmi - by arranging a party to appease her.
(d)And as for a woman who declares 'Netulah Animin ha'Yehudim' - they instituted that the husband nullifies what concerns him (since it is in fact Beino le'Veinah), and the rest of the Neder remains intact.
Salik Maseches Nedarim