Commentary page
Nedarim 71bChapter 10 Na'arah HaMeorasah
This page gathers the commentary on one source unit: the classic commentaries as they are printed, the sources the text cites, the sages named in it and direct links back to the text.
Read the full text in the readerNedarim 71b
Nedarim 71b. The full printed text of this folio side - 3 numbered segments, about 58 words - with the classic commentaries printed on the page.
Original text
בֵּית שַׁמַּאי סָבְרִי: נְדָרִים נָמֵי שֶׁרָאוּי לָאָרוּס, נִתְרוֹקְנָה רְשׁוּת לָאָב, וּמִיגָּז גָּיֵיז. בֵּית הִלֵּל סָבְרִי: אָבִיהָ וּבַעְלָהּ אַחֲרוֹן מְפִירִין נְדָרֶיהָ, וְלָא מִיגָּז גָּיֵיז.
The Gemara answers: Beit Shammai hold: Even with regard to vows that were disclosed to the betrothed, in the event of his death, his authority reverts to the father. In addition, when the father or husband of a young woman nullifies her vow, he severs his portion of it, enabling the father to nullify her vow on his own after the death of the betrothed. Beit Hillel hold that her father and her final husband together nullify her vows, and he who nullifies her vow does not sever it, but rather weakens its force. Even if the first betrothed was aware of the vow before his death, the father can nullify it in conjunction with another betrothed. This ruling is in accordance with the ruling of Shmuel that her final betrothed can nullify even those vows that she took while betrothed to the first man.
אִיבַּעְיָא לְהוּ: גֵּירוּשִׁין כִּשְׁתִיקָה דָּמְיָא, אוֹ כַּהֲקָמָה דָּמְיָא?
§ A dilemma was raised before the Sages: Is a husband’s divorce of his wife after she took a vow considered like silence, or is it considered like ratification of the vow?
לְמַאי נָפְקָא מִינַּהּ? כְּגוֹן שֶׁנָּדְרָה וְשָׁמַע בַּעְלָהּ וְגֵרְשָׁהּ, וְאַהְדְּרַהּ בְּיוֹמֵיהּ. אִי אָמַר מָר כִּשְׁתִיקָה דָּמֵי, מָצֵי מֵיפַר לַהּ. וְאִי אָמַר מָר כַּהֲקָמָה דָּמֵי, לָא מָצֵי מֵיפַר לַהּ.
The Gemara asks: What is the difference between the two possibilities? In any case, he did not nullify her vow before the divorce, and once he has divorced her he can no longer do so. The Gemara answers: There is a difference in a case where she took a vow, and her husband heard the vow, and divorced her, and he remarried her on the same day. If the Master says that divorce is like silence, the husband can now nullify the vow for her, since it is the same day. But if the Master says that divorce is like ratification, he cannot nullify the vow for her, as he has ratified it by divorcing her.