If a husband divorces his wife, is it considered that he ratified her vow at the divorce, or is it considered silence (hence, no ratification)? Three sources are quoted in order to answer this question but all are rejected. The Mishna says that Torah scholars would stand up on the wedding day of their daughter and their betrothed and declare that all vows she may have made before are nullified. Rami bar Hama asks: Can a husband (or a father) nullify her vow without having heard the vow? The Gemara tries to answer his question from both sections of our Mishna as they seem to be referring to the ability to nullify vows he had never heard. However, this is rejected as the statement they each make is meant to remind her to tell them about vows she may have made, and then, when they hear the vows, they will nullify them. Two other attempts are made to bring in other sources in order to get to an answer but those are rejected as well.
Nedarim 72
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Nedarim 72
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦ΅ΧΧΦΈΧͺΦ·Χ ΧΦΈΧΦ°Χ¨ΧΦΌ Χ΄ΧΦ΅Χͺ ΧΦ·ΧΦΌΦ·Χ’Φ·Χ, Χ Φ΄ΧͺΦ°Χ¨ΧΦΉΧ§Φ°Χ ΦΈΧ Χ¨Φ°Χ©ΧΧΦΌΧͺ ΧΦΈΧΦΈΧΧ΄ β ΧΦΌΦ΄ΧΦ°ΧΦ·Χ Χ©ΧΦΆΧΦΌΦΉΧ Χ©ΧΦΈΧΦ·Χ’ ΧΦ·ΧΦΌΦ·Χ’Φ·Χ, ΧΧΦΉ Χ©ΧΦΈΧΦ·Χ’ ΧΦ°ΧΦ΅Χ€Φ΅Χ¨, ΧΧΦΉ Χ©ΧΦΈΧΦ·Χ’ ΧΦ°Χ©ΧΦΈΧͺΦ·Χ§ ΧΦΌΧΦ΅Χͺ ΧΦΌΧΦΉ ΧΦΌΦ·ΧΦΌΧΦΉΧ. ΧΦ°ΧΦ΄Χ ΧΦΈΧΦ°Χ¨Φ·ΧͺΦΌΦ° ΧΦΌΦ΅ΧΧ¨ΧΦΌΧ©ΧΦ΄ΧΧ ΧΦΌΦ΄Χ©ΧΦ°ΧͺΦ΄ΧΧ§ΦΈΧ ΧΦΌΦΈΧΧΦΌ, ΧΦ΄ΧΧͺΦ°Χ Φ΅Χ Χ ΦΈΧΦ΅Χ Χ΄ΧΧΦΉ Χ©ΧΦΈΧΦ·Χ’ ΧΦ°ΧΦ΅ΧΧ¨Φ·Χ©ΧΧ΄! ΧΦ΄ΧΦΌΦ°ΧΦΈΧ ΧͺΦΌΦΈΧ Φ΅Χ ΧΦΈΧΦ΄Χ β Χ©ΧΦ°ΧΦ·Χ’ ΧΦ΄ΧΧ ΦΌΦ·ΧΦΌ ΧΦΌΦ΅ΧΧ¨ΧΦΌΧ©ΧΦ΄ΧΧ ΧΦΌΦ·ΧΦ²Χ§ΦΈΧΦΈΧ ΧΦΌΦΈΧΧΦΌ.
Come and hear a resolution of the dilemma from the following baraita: When did they say that if the husband died the authority to nullify a young womanβs vows reverts to the father? When the husband did not hear the vow; or he heard the vow and nullified it; or heard it, and was silent, and died on that day. And if you say that divorce is like silence, let the tanna of the baraita also teach with regard to the husband: Or he heard the vow and divorced her. From the fact that he did not teach this case, learn from the baraita that divorce is like ratification.
ΧΦ΅ΧΧΦΈΧ Χ‘Φ΅ΧΧ€ΦΈΧ: ΧΦ²ΧΦΈΧ ΧΦ΄Χ Χ©ΧΦΈΧΦ·Χ’ ΧΦ°Χ§Φ·ΧΦΌΦΈΧΧ, ΧΧΦΉ Χ©ΧΦΈΧΦ·Χ’ ΧΦ°Χ©ΧΦΈΧͺΦ·Χ§ ΧΦΌΧΦ΅Χͺ ΧΦΌΦ°ΧΧΦΉΧ Χ©ΧΦΆΧ ΧΦ·ΧΦ²Χ¨ΦΈΧΧ β ΧΦ΅ΧΧ ΧΦΈΧΧΦΉΧ ΧΦ°ΧΦΈΧ€Φ΅Χ¨. ΧΦ°ΧΦ΄Χ ΧΦΈΧΦ°Χ¨Φ·ΧͺΦΌΦ° ΧΦΌΦ΅ΧΧ¨ΧΦΌΧ©ΧΦ΄ΧΧ ΧΦΌΦ·ΧΦ²Χ§ΦΈΧΦΈΧ ΧΦΌΦΈΧΧΦΌ, ΧΦ΄ΧΧͺΦ°Χ Φ΅Χ Χ΄ΧΦ°ΧΦ΄Χ Χ©ΧΦΈΧΦ·Χ’ ΧΦ°ΧΦ΅ΧΧ¨Φ΅Χ©ΧΧ΄! ΧΦΆΧΦΌΦΈΧ ΧΦ΄ΧΦΌΦ°ΧΦΈΧ Χ§ΦΈΧͺΦΈΧ Φ΅Χ ΧΦΈΧΦ΄Χ, Χ©ΧΦ°ΧΦ·Χ’ ΧΦ΄ΧΧ ΦΌΦ·ΧΦΌ: ΧΦΌΦ΅ΧΧ¨ΧΦΌΧ©ΧΦ΄ΧΧ ΧΦΌΦ΄Χ©ΧΦ°ΧͺΦ΄ΧΧ§ΦΈΧ ΧΦΌΦΈΧΧΦΌ.
The Gemara rejects the proof from the baraita: State the latter clause of the baraita: But if he heard it and ratified it; or he heard it, and was silent, and died on the following day, then the father cannot nullify the vow. But according to this clause, if you say that divorce is like ratification, let the tanna of the baraita also teach: And if he heard the vow and divorced her. Rather, from the fact that the baraita does not teach this, learn from the baraita that divorce is like silence.
ΧΦΆΧΦΌΦΈΧ ΧΦ΅ΧΦΈΧ ΧΦ΅ΧΧΦΌΦΈΧ ΧΦ°ΧΦ΄Χ©ΧΦ°ΧΦ·Χ’ ΧΦ΄ΧΧ ΦΌΦ΅ΧΧΦΌ. ΧΦ΄Χ Χ¨Φ΅ΧΧ©ΧΦΈΧ ΧΦΌΦ·ΧΦ°Χ§ΦΈΧ β Χ ΦΈΧ‘Φ΅ΧΧ Χ‘Φ΅ΧΧ€ΦΈΧ ΧΦ΄Χ©ΦΌΧΧΦΌΧ Χ¨Φ΅ΧΧ©ΧΦΈΧ. ΧΦ΄Χ Χ‘Φ΅ΧΧ€ΦΈΧ ΧΦΌΦ·ΧΦ°Χ§ΦΈΧ β Χ ΦΈΧ‘Φ΅ΧΧ Χ¨Φ΅ΧΧ©ΧΦΈΧ ΧΦ΄Χ©ΦΌΧΧΦΌΧ Χ‘Φ΅ΧΧ€ΦΈΧ.
Rather, one cannot learn anything from this baraita about the effect of divorce on her vows. The Gemara explains that the discrepancy between the two clauses is stylistic and can be explained either way: If the cases in the first clause are chosen precisely, allowing for the inference that divorce is like ratification, then one must say that the tanna formulates the last clause of the baraita as he does because of the first clause, i.e., in the same style, although it does not add anything. If the cases in the last clause are chosen precisely, allowing for the inference that divorce is like silence, then one must say that the tanna formulates the first clause of the baraita as he does because of the last clause, i.e., in the same style, although it does not add anything.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: Χ ΦΈΧΦ°Χ¨ΦΈΧ ΧΦ°ΧΦ΄ΧΧ ΧΦ²Χ¨ΧΦΌΧ‘ΦΈΧ, ΧΦ°Χ Φ΄ΧͺΦ°ΧΦΌΦΈΧ¨Φ°Χ©ΧΦΈΧ ΧΦ°Χ Φ΄ΧͺΦ°ΧΦΈΧ¨Φ°Χ‘ΦΈΧ ΧΦΌΧΦΉ ΧΦΌΦ·ΧΦΌΧΦΉΧ, ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦ°ΧΦ΅ΧΦΈΧ β ΧΦΈΧΦ΄ΧΧΦΈ ΧΦΌΧΦ·Χ’Φ°ΧΦΈΧΦΌ ΧΦΈΧΦ·ΧΦ²Χ¨ΧΦΉΧ ΧΦ°Χ€Φ΄ΧΧ¨Φ΄ΧΧ Χ Φ°ΧΦΈΧ¨ΦΆΧΧΦΈ. Χ©ΧΦ°ΧΦ·Χ’ ΧΦ΄ΧΧ ΦΌΦ·ΧΦΌ ΧΦΌΦ΅ΧΧ¨ΧΦΌΧ©ΧΦ΄ΧΧ ΧΦΌΦ΄Χ©ΧΦ°ΧͺΦ΄ΧΧ§ΦΈΧ ΧΦΌΦΈΧΧΦΌ, ΧΦΌΦ°ΧΦ΄Χ ΧΦΌΦ·ΧΦ²Χ§ΦΈΧΦΈΧ ΧΦΌΦΈΧΧΦΌ β ΧΦ΄Χ ΧΦΈΧ¦Φ΅Χ ΧΦ΅ΧΧ€Φ·Χ¨ ΧΦΈΧ¨ΧΦΌΧ‘ ΧΦ·ΧΦ²Χ¨ΧΦΉΧ Χ Φ΄ΧΧΦ°Χ¨Φ΅Χ ΧΦΌΦ°ΧΧΦΉΧ§Φ΅ΧΧ ΧΦΈΧ¨ΧΦΌΧ‘ Χ¨Φ΄ΧΧ©ΧΧΦΉΧ?
Come and hear a mishna (71a): If she took a vow while she was betrothed, and was divorced, and was betrothed again on the same day, even to one hundred men, her father and her final husband nullify her vows. Learn from this mishna that divorce is like silence, because if it were like ratification, could the final betrothed nullify vows that the first betrothed had already ratified?
ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ, ΧΦΌΦ°Χ©ΧΦΆΧΦΌΦΉΧ Χ©ΧΦΈΧΦ·Χ’ ΧΦΈΧ¨ΧΦΌΧ‘ Χ¨Φ΄ΧΧ©ΧΧΦΉΧ. ΧΦ΄Χ ΧΦΈΧΦ΄Χ, ΧΦ·ΧΧ ΧΦ΄ΧΧ¨Φ°ΧΦΈΧ ΧΦΌΧΦΉ ΧΦΌΦ·ΧΦΌΧΦΉΧ? ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦ°ΧΦ·ΧΦ·Χ¨ ΧΦ΅ΧΦΈΧ ΧΦΈΧΦ΄ΧΧ Χ ΦΈΧΦ΅Χ!
The Gemara rejects this proof: With what are we dealing here? We are dealing with a case in which the first betrothed man did not hear the vow, and for that reason his divorcing her does not constitute ratification. The Gemara then asks: If so, why mention specifically that the divorce occurred on that day? The same would hold true even after one hundred days as well. Since the first husband never heard the vow, the final husband can nullify it on whichever day he hears it.
ΧΦΌΦ°Χ©ΧΦΆΧΦΌΦΉΧ Χ©ΧΦΈΧΦ·Χ’ ΧΦΈΧ¨ΧΦΌΧ‘ ΧΦ°Χ©ΧΦΈΧΦ·Χ’ ΧΦΈΧΦΈΧ, ΧΦΌΦ°ΧΧΦΉ ΧΦΌΦ·ΧΦΌΧΦΉΧ ΧΧΦΌΧ ΧΦΌΦ°ΧΦΈΧ¦Φ΅Χ ΧΦ΅ΧΧ€Φ·Χ¨, ΧΦ²ΧΦΈΧ ΧΦ΄ΧΦΌΦΈΧΧ ΧΦ°ΧΦ΅ΧΧΦΈΧΦ° ΧΦΉΧ ΧΦΈΧ¦Φ΅Χ ΧΦ΅ΧΧ€Φ·Χ¨.
The Gemara answers: It is referring to a situation in which the betrothed man did not hear the vow but the father heard it. As in that case, it is only on the same day that he can nullify the vow, but he cannot nullify it from this point forward. Once her father has already heard the vow, her betrothed cannot nullify it on a different day. Therefore, one cannot infer from the mishna that divorce is like silence.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: Χ ΦΈΧΦ°Χ¨ΦΈΧ ΧΦΌΧΦΉ ΧΦΌΦ·ΧΦΌΧΦΉΧ, ΧΦΌΦ΅ΧΧ¨Φ°Χ©ΧΦΈΧΦΌ ΧΦ°ΧΦΆΧΦ°ΧΦ΄ΧΧ¨ΦΈΧΦΌ ΧΦΌΧΦΉ ΧΦΌΦ·ΧΦΌΧΦΉΧ β ΧΦ΅ΧΧ ΧΦΈΧΧΦΉΧ ΧΦ°ΧΦΈΧ€Φ΅Χ¨. Χ©ΧΦ°ΧΦ·Χ’ ΧΦ΄ΧΧ ΦΌΦ·ΧΦΌ: ΧΦΌΦ΅ΧΧ¨ΧΦΌΧ©ΧΦ΄ΧΧ ΧΦΌΦ·ΧΦ²Χ§ΦΈΧΦΈΧ ΧΦΌΦΈΧΧΦΌ.
Come and hear a resolution of the dilemma from a mishna (89a): If she took a vow on that day, and he divorced her and remarried her on the same day, he cannot nullify her vow. Learn from the mishna that divorce is like ratification.
ΧΦΈΧΦ°Χ¨Φ΄Χ: ΧΦΈΧΦΈΧ ΧΦΌΦ΄Χ Φ°Χ©ΧΧΦΌΧΦΈΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ, ΧΦ°ΧΦ·ΧΦ°ΧΧ ΧΦΌ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°ΧΦ΅ΧΧ ΧΦΈΧΧΦΉΧ ΧΦ°ΧΦΈΧ€Φ΅Χ¨, ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΌΦ°ΧΦ΅ΧΧ ΧΦ·ΧΦΌΦ·Χ’Φ·Χ ΧΦ΅ΧΧ€Φ΅Χ¨ ΧΦΌΦ°Χ§ΧΦΉΧΦ°ΧΦ΄ΧΧ.
The Gemara rejects this proof: Say that here, i.e., in the mishna cited, we are dealing with a married woman, and that is the reason that he cannot nullify the vow. It is not because it has been ratified by divorce but because the husband cannot nullify his wifeβs vows that precede their marriage. The dilemma remains unresolved.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ ΧΦΌΦΆΧ¨ΦΆΧΦ° ΧͺΦΌΦ·ΧΦ°ΧΦ΄ΧΧΦ΅Χ ΧΦ²ΧΦΈΧΦ΄ΧΧ, Χ’Φ·Χ Χ©ΧΦΆΧΦΌΦΉΧ ΧΦΈΧΦ°ΧͺΦΈΧ ΧΦΌΦ΄ΧͺΦΌΧΦΉ ΧΧΦΉΧ¦Φ°ΧΦΈΧ ΧΦ΅ΧΦΆΧ¦Φ°ΧΧΦΉ, ΧΧΦΉΧΦ΅Χ¨ ΧΦΈΧΦΌ: ΧΦΌΧΧ Χ Φ°ΧΦΈΧ¨Φ΄ΧΧ Χ©ΧΦΆΧ ΦΌΦΈΧΦ·Χ¨Φ°ΧͺΦΌΦ° ΧΦΌΦ°ΧͺΧΦΉΧΦ° ΧΦΌΦ΅ΧΧͺΦ΄Χ β ΧΦ²Χ¨Φ΅Χ ΧΦ΅Χ ΧΧΦΌΧ€ΦΈΧ¨Φ΄ΧΧ. ΧΦ°ΧΦ΅Χ ΧΦ·ΧΦΌΦ·Χ’Φ·Χ, Χ’Φ·Χ Χ©ΧΦΆΧΦΌΦΉΧ ΧͺΦΌΦ΄ΧΦΌΦΈΧ Φ΅Χ‘ ΧΦ΄Χ¨Φ°Χ©ΧΧΦΌΧͺΧΦΉ, ΧΧΦΉΧΦ΅Χ¨ ΧΦΈΧΦΌ: ΧΦΌΧΧ Χ Φ°ΧΦΈΧ¨Φ΄ΧΧ Χ©ΧΦΆΧ ΦΌΦΈΧΦ·Χ¨Φ°ΧͺΦΌΦ° Χ’Φ·Χ Χ©ΧΦΆΧΦΌΦΉΧ ΧͺΦΌΦ΄ΧΦΌΦΈΧ Φ°Χ‘Φ΄Χ ΧΦ΄Χ¨Φ°Χ©ΧΧΦΌΧͺΦ΄Χ β ΧΦ²Χ¨Φ΅Χ ΧΦ΅Χ ΧΧΦΌΧ€ΦΈΧ¨Φ΄ΧΧ. Χ©ΧΦΆΧΦΌΦ΄Χ©ΦΌΧΦΆΧͺΦΌΦ΄ΧΦΌΦΈΧ Φ΅Χ‘ ΧΦ΄Χ¨Φ°Χ©ΧΧΦΌΧͺΧΦΉ β ΧΦ΅ΧΧ ΧΦΉ ΧΦΈΧΧΦΉΧ ΧΦ°ΧΦΈΧ€Φ΅Χ¨.
MISHNA: The practice of Torah scholars is to ensure that a woman about to be married should not be encumbered by any vows. A father, before his daughter would leave him through marriage, would say to her: All vows that you vowed in my house are hereby nullified. And similarly, the husband, before she would enter his jurisdiction, i.e., while they were still betrothed, would say to her: All vows that you vowed before you entered my jurisdiction are hereby nullified. This was necessary because once she enters his jurisdiction he cannot nullify the vows she made before that.
ΧΦΌΦ°ΧΦΈΧ³ ΧΦΌΦΈΧ’Φ΅Χ Χ¨ΦΈΧΦ΅Χ ΧΦΌΦ·Χ¨ ΧΦΈΧΦΈΧ: ΧΦΌΦ·Χ’Φ·Χ, ΧΦ·ΧΧΦΌ Χ©ΧΦΆΧΦΌΦΈΧ€Φ΅Χ¨ ΧΦΌΦ°ΧΦΉΧ Χ©ΧΦ°ΧΦ΄ΧΧ’ΦΈΧ? Χ΄ΧΦ°Χ©ΧΦΈΧΦ·Χ’ ΧΦ΄ΧΧ©ΧΦΈΧΦΌΧ΄ ΧΦΌΦ·ΧΦ°Χ§ΦΈΧ ΧΧΦΌΧ, ΧΧΦΉ ΧΦΈΧΧ ΧΦΌΦ·ΧΦ°Χ§ΦΈΧ ΧΧΦΌΧ?
GEMARA: Rami bar αΈ€ama asks: Concerning a husband, what is the halakha with regard to his nullifying a vow without hearing it? In other words, can a husband state a general nullification of his wifeβs vows without being aware of any particular vow? When the verse states: βAnd her husband hears it, on the day that he hears it, and holds his peace at her, then her vows shall be ratifiedβ (Numbers 30:8), is that referring specifically to a situation where he actually heard of a vow, and only then he can nullify it? Or is it not specifically referring to such a situation, and the mention of hearing is merely because the ordinary situation is that the husband nullifies a vow once he hears it?
ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ, ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦΌΦΆΧ¨ΦΆΧΦ° ΧͺΦΌΦ·ΧΦ°ΧΦ΄ΧΧΦ΅Χ ΧΦ²ΧΦΈΧΦ΄ΧΧ, Χ’Φ·Χ Χ©ΧΦΆΧΦΌΦΉΧ ΧΦΈΧ¦ΦΈΧΧͺ ΧΦΌΦ΄ΧͺΦΌΧΦΉ ΧΦ΅ΧΦΆΧ¦Φ°ΧΧΦΉ, ΧΧΦΉΧΦ΅Χ¨ ΧΦΈΧΦΌ: ΧΦΌΧΧ Χ Φ°ΧΦΈΧ¨Φ΄ΧΧ Χ©ΧΦΆΧ ΦΌΦΈΧΦ·Χ¨Φ°ΧͺΦΌΦ° ΧΦΌΦ°ΧͺΧΦΉΧΦ° ΧΦΌΦ΅ΧΧͺΦ΄Χ β ΧΦ²Χ¨Φ΅Χ ΧΦ΅Χ ΧΧΦΌΧ€ΦΈΧ¨Φ΄ΧΧ, ΧΦ°ΧΦΈΧ ΧΦΈΧ Χ©ΧΦ°ΧΦ·Χ’!
Rava said: Come and hear the mishna: The practice of Torah scholars is that a father, before his daughter would leave him through marriage, would say to her: All vows that you vowed in my house are hereby nullified. Rava points out: But the father did not hear her vows, so it must be that one can nullify vows without knowledge that they were actually made.
ΧΦ°ΧΦ΄Χ Χ©ΧΦΈΧΦ·Χ’ ΧΧΦΌΧ ΧΦΌΦ°ΧΦ΅ΧΧ€Φ·Χ¨. ΧΦ΄Χ ΧΦΌΦ΅Χ, ΧΦΌΦ΄Χ ΧΦΈΧ Χ©ΧΦ°ΧΦ·Χ’, ΧΦ°ΧΦΈΧ ΧΦ΅ΧΧΦΌ ΧΦ°ΧΦ΅ΧΧΦ·Χ¨? ΧΦΈΧ Χ§ΦΈΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ: ΧΧΦΉΧ¨Φ°ΧΦ΅ΧΧΦΌ ΧΦΌΦ°Χ¦ΧΦΌΧ¨Φ°ΧΦΌΦΈΧ ΧΦ΅Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ ΧΦ°ΧΦ·ΧΦΌΧΦΉΧ¨Φ΅Χ.
The Gemara rejects this conclusion: The mishna means that the father states a preemptive nullification that when he will hear a particular vow is when he nullifies it. The vow is not actually nullified until he hears it. The Gemara asks: If so, when he has not actually heard those vows yet, why is it necessary for him to state preemptively that the vows will be nullified; why not wait until he actually hears the vow? The Gemara answers: This teaches us that it is the practice of a Torah scholar to pursue such matters, in order to prompt his daughter or his betrothed to inform him of vows she took, which will then be nullified when he hears of them.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’ ΧΦ΄Χ‘ΦΌΦ΅ΧΧ€ΦΈΧ: ΧΦ°ΧΦ΅Χ ΧΦ·ΧΦΌΦ·Χ’Φ·Χ, Χ’Φ·Χ Χ©ΧΦΆΧΦΌΦΉΧ ΧͺΦΌΦ΄ΧΦΌΦΈΧ Φ΅Χ‘ ΧΦ΄Χ¨Φ°Χ©ΧΧΦΌΧͺΧΦΉ, ΧΧΦΉΧΦ΅Χ¨ ΧΦΈΧΦΌ. ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ ΧΦ·ΧΦΌ: Χ΄ΧΦ°ΧΦ΄Χ Χ©ΧΦΈΧΦ·Χ’Φ°Χ ΦΈΧΧ΄.
The Gemara suggests: Come and hear from the latter clause of the mishna: And similarly, the husband, before she would enter his jurisdiction, i.e., while they were still betrothed, would say to her: All vows that you vowed before you entered my jurisdiction are hereby nullified. This implies that he can nullify vows without hearing them. The Gemara responds: Here too, it means that he says to her: When I hear the particular vow, then it will be nullified.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦΈΧΧΦΉΧΦ΅Χ¨ ΧΦ°ΧΦ΄Χ©ΧΦ°ΧͺΦΌΧΦΉ Χ΄ΧΦΌΧΧ Χ Φ°ΧΦΈΧ¨Φ΄ΧΧ Χ©ΧΦΆΧͺΦΌΦ΄ΧΦΌΧΦΉΧ¨Φ΄Χ Χ’Φ·Χ Χ©ΧΦΆΧΦΈΧΦΉΧ ΧΦ΄ΧΦΌΦΈΧ§ΧΦΉΧ Χ€ΦΌΦ°ΧΧΦΉΧ Φ΄Χ ΧΦ²Χ¨Φ΅Χ ΧΦ΅Χ Χ§Φ·ΧΦΌΦΈΧΧΦ΄ΧΧΧ΄ β ΧΦΉΧ ΧΦΈΧΦ·Χ¨ ΧΦΌΦ°ΧΧΦΌΧ. Χ΄ΧΦ²Χ¨Φ΅Χ ΧΦ΅Χ ΧΧΦΌΧ€ΦΈΧ¨Φ΄ΧΧΧ΄, Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΧΦΉΧΦ΅Χ¨: ΧΧΦΌΧ€ΦΈΧ¨. ΧΦ°ΧΦΈΧ ΧΦΈΧ Χ©ΧΦ°ΧΦ·Χ’.
Come and hear another mishna to answer the question (Nedarim 75a): One who says to his wife: All vows that you vow until I arrive from such and such a place are hereby ratified, has not said anything, i.e., the vows are not ratified. If he says: All vows that you vow until then are hereby nullified, Rabbi Eliezer says: They are nullified. The Gemara comments: But he did not actually hear the particular vows, so one can infer from this that he need not hear her vows in order to nullify them.
ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: Χ΄ΧΦ°ΧΦ΄Χ Χ©ΧΦΈΧΦ·Χ’Φ°Χ ΦΈΧΧ΄. ΧΦΌΧΦ°ΧΦΈΧ ΧΦ΄Χ ΧΦ΄Χ ΧΦ·Χ©ΧΦ°ΧͺΦΌΦΈΧ? ΧΦ°ΧΦ΄Χ Χ©ΧΦΈΧΦ·Χ’ ΧΦ΅ΧΧ€Φ·Χ¨ ΧΦ·ΧΦΌ! Χ§ΦΈΧ‘ΦΈΧΦ·Χ¨: ΧΦΌΦ΄ΧΦ°ΧΦΈΧ ΧΦ΄ΧΦΌΦ°Χ¨Φ΄ΧΧΦ°Χ ΦΈΧ ΧΦΈΧΦ΄ΧΧ Χ©ΧΦ·Χ’Φ°ΧͺΦΌΦΈΧ.
The Gemara rejects this suggestion: Here too, one can understand the situation to be that he says: When I hear the particular vow, it will be nullified. The Gemara asks: But if so, why do I need, i.e., why must the husband state his nullification, from now; let him nullify them for her when he actually hears them. The Gemara answers: He reasons: Perhaps I will be preoccupied at that moment and will forget to nullify them. He therefore nullifies the vows beforehand, so that the nullification will take effect automatically when he hears them.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦΈΧΧΦΉΧΦ΅Χ¨ ΧΦ°ΧΦ·Χ€ΦΌΧΦΉΧΦ°Χ¨ΧΦΉΧ€ΦΌΧΦΉΧ‘ Χ΄ΧΦΌΧΧ Χ Φ°ΧΦΈΧ¨Φ΄ΧΧ Χ©ΧΦΆΧ ΦΌΧΦΉΧΦΆΧ¨ΦΆΧͺ ΧΦ΄Χ©ΧΦ°ΧͺΦΌΦ΄Χ ΧΦ΄ΧΦΌΦΈΧΧ ΧΦ°Χ’Φ·Χ Χ©ΧΦΆΧΦΈΧΦΉΧ ΧΦ΄ΧΦΌΦΈΧ§ΧΦΉΧ Χ€ΦΌΦ°ΧΧΦΉΧ Φ΄Χ ΧΦΈΧ€Φ΅Χ¨Χ΄, ΧΦ°ΧΦ΅Χ€Φ΅Χ¨ ΧΦ΅ΧΦΌ, ΧΦΈΧΧΦΉΧ ΧΦ°ΧΧΦΌ ΧΧΦΌΧ€ΦΈΧ¨Φ΄ΧΧ β ΧͺΦΌΦ·ΧΦ°ΧΧΦΌΧ ΧΧΦΉΧΦ·Χ¨: Χ΄ΧΦ΄ΧΧ©ΧΦΈΧΦΌ ΧΦ°Χ§Φ΄ΧΧΦΆΧ ΦΌΧΦΌ ΧΦ°ΧΦ΄ΧΧ©ΧΦΈΧΦΌ ΧΦ°Χ€Φ΅Χ¨ΦΆΧ ΦΌΧΦΌΧ΄. ΧΦΌΦ΄ΧΦ°Χ¨Φ΅Χ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦΉΧΧ©ΧΦ΄ΧΦΌΦΈΧ.
Come and hear a baraita: In the case of one who says to a steward [apotropos] appointed to manage his affairs in his absence: All vows that my wife vows from now until I arrive from such and such a place you should nullify, and the steward nullified the vows for her, one might have thought that they would be nullified. Therefore, the verse states: βHer husband may ratify it, or her husband may nullify itβ (Numbers 30:14). The repetition of βher husbandβ teaches that it is the husband alone who may nullify his wifeβs vows; this is the statement of Rabbi Yoshiya.
ΧΦΈΧΦ·Χ¨ ΧΧΦΉ Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧ ΦΈΧͺΦΈΧ: ΧΦΈΧ¦Φ΄ΧΧ ΧΦΌ ΧΦΌΦ°ΧΧΧ ΧΦ·ΧͺΦΌΧΦΉΧ¨ΦΈΧ ΧΦΌΧΦΌΧΦΌΦΈΧΦΌ Χ©ΧΦ°ΧΧΦΌΧΧΦΉ Χ©ΧΦΆΧ ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΧΦΉΧͺΧΦΉ?
Rabbi Yonatan said to him: We have found everywhere in the Torah that the legal status of a personβs agent is like that of himself. Therefore, a steward can nullify the vows on the husbandβs behalf.
ΧΦ·ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦΉΧΧ©ΧΦ΄ΧΦΌΦΈΧ ΧΦΈΧ Χ§ΦΈΧΦΈΧΦ·Χ¨ ΧΦΆΧΦΌΦΈΧ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΌΦ΄ΧΦ°ΧΦ΅ΧΧ¨Φ·Χͺ ΧΦ·ΧΦΌΦΈΧͺΧΦΌΧ ΧΧΦΌΧ Χ΄ΧΦ΄ΧΧ©ΧΦΈΧΦΌ ΧΦ°Χ§Φ΄ΧΧΦΆΧ ΦΌΧΦΌ ΧΦ°ΧΦ΄ΧΧ©ΧΦΈΧΦΌ ΧΦ°Χ€Φ΅Χ¨ΦΆΧ ΦΌΧΦΌΧ΄, ΧΦ²ΧΦΈΧ ΧΦΌΦ°ΧΧΦΌΧΦΌΦ΅Χ Χ’ΦΈΧΦ°ΧΦΈΧ Χ©ΧΦ°ΧΧΦΌΧΧΦΉ Χ©ΧΦΆΧ ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΧΦΉΧͺΧΦΉ. ΧΦ°ΧΦΈΧ ΧΦΈΧ Χ©ΧΦ°ΧΦ΄ΧΧ’Φ· ΧΦ΅ΧΧΦΌ!
The Gemara points out: And even Rabbi Yoshiya says that a steward cannot nullify the wifeβs vows only because it is a Torah edict, based upon the words βher husband may ratify it, or her husband may nullify itβ (Numbers 30:14). But according to everyone, the principle that the legal status of a personβs agent is like that of himself is generally valid. The only objection to the steward nullifying the vows is the Torah edict. The Gemara asks: But these vows were not heard by the steward? This indicates that not having heard the vows is not an obstacle to nullification.























