Revach L'Neshama http://revach.net/ RSS feed for - Section: DAF YOMI Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Mon, 03 Aug 2015 03:00:00 -0700 240 Nedarim 71 - SUMMARY If an Arusah makes a Neder and she gets divorced and is mis'Kadesh on the same day her father and the second Arus may annul her Neder. (1) Even Nedarim that were heard by the first Arus may be annulled by the second Arus. (2) If the Arus dies after the father annulled the Neder, the father and the second Arus may annul the Neder . If the husband annulled the Neder and died before the father heard about the Neder the father may annul the Neder according to Bais Shamai. (3) Bais Hilel holds that the father may not annul the Neder. (4) The Gemarah asks if divorce is regarded as an affirmation of a Neder. (5)
 
**A BIT MORE**
1. Even if this repeats itself 100 times the father and the last Arus may annul her Neder. 2. The second Arus may annul the Neder along with the father 3. Bais Shamai holds that the annulment of this Neder that was heard by the first Arus is given over to the father and even if she becomes an Arusah again the father has the exclusive rights to annul the Neder. . 4. If she becomes an Arusah again the father may not annul the Neder without the second Arus. 5. If it is not regarded as an affirmation in the event that the Arus is mi'Kadesh her again on the same day he may annul the Neder.

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Nedarim 71 - INSIGHTS WAITING THREE MONTHS If an Arusah makes a Neder and she gets divorced and is mis'Kadesh on the same day her father and the second Arus may annul her Neder. The Shitah Mekuvetzes says that although l’Chatchilah it is forbidden for her to be mis'Kadesh again on the same day because a woman must wait three months after a divorce to accept Kidushin from someone else. However b’Dieved if she does accept Kidsushin within three months it is a valid Kidushin.

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Nedarim 71 - HALACHA A NEW ARUS If an Arusah makes a Neder and she gets divorced and is mis'Kadesh on the same day to the same Arus or to someone else her father and the second Arus may annul the Neder. (Shulchan Aruch YD 234:13)

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Nedarim 71 - LAMDAN The Gemarah asks if divorce is regarded as an affirmation. Why should divorce be regarded as an affirmation? Author’s Comment to Yesterday’s Lamdan The Gemarah says later on that once she receives Mezonos from the Chasan she makes Nedarim on the Da’as of her Chasan.

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Nedarim 70 - SUMMARY If a father or husband says that the Neder shall be annulled tomorrow it is a Safek whether it is a valid annulment. (1) If a father or husband says that the Neder shall be affirmed for an hour it is a Safek whether the Neder is annulled. (2) If a father or husband says that the Neder shall be affirmed for an hour and annulled after an hour it is a Safek whether the Neder is annulled (3) If a wife vows to be a Nazir and the husband says and I [will also be a Nazir] he may no longer annul the Nezirus. (4) If the father of an Arusah dies the Chasan no longer has the right to annul the Neder. If the Chasan dies the father takes over the right to annul the Neder even if the Chasan heard the Neder before he died. A husband may annul the Neder of his wife who is a Bogeres, but a father may not annul the Neder of his daughter who is a Bogeres. If an Arusah becomes a Bogeres after the Kidushin the Chasan no longer has the right to annul her Neder. If a person is Mi’Kadesh a Bogeres if he doesn’t marry her within thirty days he must give her Mezonos. (5) A Chasan who must gives Mezonos to his Arusah may annul her Nedarim according to R. Eliezer.
 
**A BIT MORE**
1. It is a Safek whether he meant to affirm it today and annul it tomorrow and that case it would not be a valid annulment or maybe he wanted the annulment to start from today and thus it would be a valid annulment. 2. The Safek is based on the possibility that if he says that the Neder shall be annulled tomorrow it is not an annulment, maybe only in that case it is not an annulment because the annulment is pushed off until the next day but in this case the annulment is for today or maybe since he didn’t explicitly say that the Neder shall be annulled it is not a valid annulment. 3. The Safek is based on the possibility that if he says that the Neder shall be affirmed for an hour it is not an annulment. Maybe only in that case it is not an annulment because he did not explicitly say that he wants to annul the Neder after an hour, but in this case where he specifically said that he wants it to be annulled in an hour it is a valid annulment or maybe once he affirmed the Neder even for a moment the Neder may no longer be annulled. 4. When he says and I it is regarded as affirming the Nezirus forever. . 5. A Na’arah is given Mezonos after 12 months.

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Nedarim 70 - INSIGHTS AFFIRMATION FOR AN HOUR If a father or husband says that the Neder shall be affirmed for an hour and annulled after an hour it is a Safek whether the Neder is annulled. The Ran says that the same Safek applies if he says that I affirm the Neder and later that day he says that he is annulling the Neder. However the Rosh says that if a husband says Stam that he is affirming the Neder it is regarded as a permanent affirmation and the Safek of the Gemarah only applies if he says at the time of the affirmation that it is temporary.

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Nedarim 70 - HALACHA DEATH OF THE FATHER If the father dies after his daughter becomes an Arusah the Chasan may longer annul her Neder even if the father and the Chasan heard the Neder together and the father annulled the Neder prior to his death. if the Chasan annulled her Neder and the father dies prior to hearing about the Neder the Chasan may not annul the portion of the Chasan. (Shulchan Aruch YD 234:16) Even if the father heard about the Neder prior to his death if he didn’t annul the Neder even if the Chasan annulled his portion of the Neder prior to the death of the father, the Neder may no longer be annulled. (Shach)

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Nedarim 70 - LAMDAN A Chasan who must give Mezonos to his Arusah may annul her Nedarim according to R. Eliezer. Why does he have the right to annul her Nedarim? Author’s Comment to Yesterday’s Lamdan The reason why it doesn’t take affect one after the other is because the effectiveness of one withholds the effectiveness of the other and that applies both when it is one after the other and at the same time.

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Nedarim 69 - SUMMARY Bais Shama’i holds that if the father of an Arusah annuls her Neder and the Chasan subsequently dies prior to hearing of the Neder the father may annul the remaining portion of the Neder. (1) Bais Hilel holds that the father may not annul the remaining portion of the Neder upon the death of the Chasan. (2) A father or husband who affirms the Neder of his daughter or wife may be released from his affirmation by a Chacham. It is not possible to be released from the annulment of a Neder. If a father or husband repeats his affirmation of a Neder if he is released from the first affirmation, the second one takes effect. If a father or husband says Kayam Lichi and Me’ifar Lichi and the affirmation shall not be effective unless the annulment is effective, the Neder is annulled. If someone says that this animal shall be a Temuras Olah Temuras Shelamim it is a Temuras Olah according to R. Me'ir R. Yose’i holds that if his intention was for both a Temuras Olah and a Temuras Shelamim it is both a Temuras Olah and Temuras Shelamim. (3) If a father or husband says Kayam and Me’ifar Lichi at one time it is not effective. (4) If a father or husband says Kayam Lichi today it is a Safek whether it is equivalent to saying that the Neder shall be annulled tomorrow.
 
**A BIT MORE**
1. Bais Shama’i holds that when the father annuls his portion of the Neder the Neder is Me’igaz Gayiz (split in half) and the father inherits the remaining half upon the death of the Chasan and he may subsequently annul the remaining portion of the Neder. 2. Bais Hilel holds that when the father annuls his portion of the Neder the Neder is Miklash Kaslish (weakened) and since the Neder is weakened the remaining portion is not significant enough to inherit to the father. 3. It shall be sent out to pasture until it gets a Mum and than it shall be sold and the proceeds should be used for both an Olah and Shelamim. . 4. Anything that doesn’t work one after the other does not work at the same time.

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Nedarim 69 - INSIGHTS THE DEATH OF THE CHASAN If the father of an Arusah annuls her Neder and the Chasan subsequently dies prior to hearing of the Neder, Bais Hilel holds that the father may not annul the remaining portion of the Neder upon the death of the Chasan. The Tur says in the name of the Ramban that if the Chasan died on the day that the father annulled the Neder even according to Bais Hilel the father may annul the entire Neder. The Taz explains the reason that since if the father had not yet annulled the Neder at the time of the death of the Chasan he would not have the right to annul the entire Neder the fact that he already annulled the Neder should not take away that right.

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Nedarim 69 - HALACHA A SHORT TERM KIYUM If a father or husband says Kayam and Mufar Lichi at the same time or if he says Kayam u’Mufar Lichi b'Bas Achas it is neither an affirmation nor an annulment. (Shulachan Aruch YD 234:44) Therefore he still could do with the Neder as he wishes; he can either affirm it or annul it. (Shach)

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Nedarim 69 - LAMDAN What is the reason that anything that doesn’t take affect one after the other does not take affect at the same time? Author’s Comment to Yesterday’s Lamdan The Rosh says that it removes half of the Isur and the Ran says that it weakens it to the point that it is regarded as an Isur that is not Chayav Malkus.

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