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Nedarim 71a

נדרים ע״א ע״א

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Topic

Nullifying the vows of a betrothed young woman (נערה המאורסה) who was divorced and betrothed again on the same day: her father together with her last ארוס can nullify, even vows made while she was betrothed to the first ארוס.

Overview

The משנה teaches a case about a betrothed נערה who made a vow, was divorced, and was betrothed again on the same day, even many times. In that case her father and her last ארוס together nullify her vows. The rule is that as long as she was never independent for even one moment, her father and her latest ארוס share the power of הפרה. The גמרא asks for the source that a later ארוס can nullify vows that came under the first ארוס. שמואל learns it from the פסוק "וּנְדָרֶיהָ עָלֶיהָ", meaning vows already on her. When the גמרא suggests this might cover only vows the first ארוס never had, it answers that the extra word "עָלֶיהָ" includes them too. A ברייתא supports שמואל, and it adds that if the ארוס nullified and died before the father heard, the father can nullify the husband's share. רבי נתן says that last ruling is only the view of בית שמאי, while בית הלל say the father cannot nullify alone. The גמרא then asks what the two schools are really arguing about, and the answer begins on the next amud.

Opening lines

מַתְנִי׳ נָדְרָה וְהִיא אֲרוּסָה.

MISHNA: She made a vow while she was betrothed.

נִתְגָּרְשָׁה בּוֹ בַּיּוֹם,

She was divorced on that same day,

נִתְאָרְסָה בּוֹ בַּיּוֹם,

and she was betrothed again on that same day,

אֲפִילּוּ לְמֵאָה —

even to a hundred men, one after another,

The steps (10)

  1. StatementBetrothed again on the same day: father and last husband nullify
  2. StatementThe general rule: never independent for a moment
  3. QuestionSource for the last ארוס nullifying the first one's vows
  4. Responseשמואל: "her vows upon her" means vows already on her
  5. ChallengeMaybe only vows the first ארוס never had
  6. Resolution"Upon her" is an extra word
  7. ProofA ברייתא supporting שמואל
  8. StatementHusband nullified and died: father nullifies the husband's share
  9. Statementרבי נתן: This ruling is only the view of בית שמאי
  10. QuestionWhat are they arguing about?