THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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NEDARIM 89 (Oct. 16) - Dedicated in honor of the 50th anniversary of Alice
and Tuli Bodner by Mr. and Mrs. David Kornfeld and their children; Mordecai
and Ayeleth, Elimelech and Naomi. May the Bodners continue to enjoy much
Nachas and Berachah from their wonderful children and grandchildren, and
soon b'Ezras Hashem from great-grandchildren, and may they experience many
more years of good health and joy together, "til 120!"
1) ANNULLMENT OF A NEDER MADE ON CONDITION
OPINIONS: The Gemara records a Machlokes between Rebbi Nasan and the
Chachamim regarding whether the husband may annul a Neder that his wife made
but that has not yet taken effect. The RAN (end of 90a) cites differing
opinions regarding which Nedarim are subject to this Machlokes between Rebbi
Nasan and the Chachamim. One opinion maintains that the Machlokes applies
only when the Neder was made with a Tenai, contingent upon some other event
occurring. However, if the Neder is merely time-delayed, then even Rebbi
Nasan admits that it is considered as if the Neder has already taken effect
and it may therefore be annulled. Another opinion maintains that even if it
is merely a matter of time (for example, she said that she wants the Neder
to take effect after a certain period of time has passed), Rebbi Nasan still
maintains that the husband cannot annul the Neder.
In addition to the question of what is keeping the Neder from taking effect
presently, there is another question of what *type* of conditional Neder may
the husband annul.
(a) The RAN at the beginning of this Perek (80a) writes that even the
Chachamim do not allow the husband to be Mefer every Neder which is made
with a Tenai, even if the eventual Neder involves Inuy Nefesh. He stipulates
that in order for the Neder to be able to be annulled by the husband, the
Neder must meet one of the following criteria:
1. The Tenai must entail Inuy Nefesh as well (like the Neder of "Netulah Ani
Min ha'Yehudim Im Eshamshach," where fulfilling the Tenai also involves Inuy
Nefesh). (The same applies if the Tenai involves Devarim she'Beino l'Veinah;
see Ran on the Mishnah, 89b.)
2. It is unlikely that she will be able to keep the condition. In such a
case it is as if there is already Inuy Nefesh. In this category falls the
Neder of the Mishnah, "I should become Asur to your Hana'ah if I serve my
father;" in that case, it is assumed that she will not be able to keep the
3. It is not up to her to keep the condition. Into this category fall all
Nedarim which are to take effect if she is divorced. Since he may divorce
her at will, she is no longer in control of the Neder and it is considered
as if it has already taken effect.
Nedarim not meeting any one of the above criteria cannot be annulled until
they actually take effect, even according to the Chachamim.
(b) The RAMBAM (Hilchos Nedarim 12:12) does not make the above distinctions.
It seems that he is of the opinion that the husband may always be Mefer a
contingent Neder, notwithstanding the nature of the Tenai.
(c) The TUR (YD 234) writes regarding the cases of the Mishnah -- where the
woman either prohibits upon herself the Hana'ah of the husband if she serves
her father, or the converse, where she prohibits herself to her father if
she serves her husband -- that both of these Nedarim fall into the category
of Devarim she'Beino l'Veinah. The first case is Beino l'Veinah because it
causes embarrassment to the husband that she is not allowed to serve her
father. The second case is Beino l'Veinah because it causes him
embarrassment that by serving him she becomes prohibited to her father. From
the Tur we see that the Tenai must also entail Devarim she'Beino l'Veinah in
order for the husband to be able to be Mefer the Neder, even if the Neder
itself is of the type that he can be Mefer.