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Week 73 - Shabbat - 21 April 2001

NEDARIM: CHAPTER 11: MISHNAH 10

There are nine girls whose vows stand: a bogeret who is an orphan; a na'arah, and became of age, and is an orphan; a na'arah who did not come of age, and is an orphan. A bogeret, and her father died; a na'arah, a bogeret, and her father died; a na'arah who did not become a bogeret and her father died. A na'arah whose father died, and after her father died she became a bogeret; a bogeret whose father is alive; a na'arah, a bogeret and her father is alive. Rabbi Yehudah says, Also if a person marries off his daughter who is a minor, and she became a widow, or was divorced and she returned to him - she still is a na'arah.

Kehati

It was taught at the end of the previous mishnah, "This is the general rule: whoever entered her own authority for one hour, he may not revoke." This general rule was taught regarding a wife in relation to her husband, i.e., if she was divorced between the vow and the revocation, the husband may no longer revoke. We have already explained there that the same applies regarding a daughter in relation to her father, that if the daughter leaves her father's authority and enters her own authority, the father may no longer revoke her vows.

There are three ways in which the daughter leaves her father's authority: 1. marriage - the father of a girl who married has no further authority over her, and if she became widowed or was divorced, she is under her own authority; in Rabbinic terminology, she is called "an orphan during her father's lifetime," for she is, so to speak, an orphan, even though her father is alive; 2. the death of the father - for a girl who becomes an actual orphan obviously is under her own authority; 3. bagrut (adulthood) - after the girl becomes a bogeret (i.e., she reached the age of twelve and a half years and a day, and showed signs of puberty), even if her father is alive, she leaves his authority. Since these three - an orphan during her father's lifetime, an actual orphan, and a bogeret - are under their own authority, their vows are valid. This mishnah explains in detail how these three are in fact nine categories. It is stated in the Jerusalem Talmud that this mishnah was taught only in order to stimulate pupils, and does not teach any new law.

There are nine girls [na'arot] - including bogrot (Rabbeinu Asher), whose vows stand - since they have left their father's authority for their own authority, and there is no one who may revoke their vows:

1. A bogeret who is an orphan - who took a vow when she was a bogeret and "an orphan during her father's lifetime," i.e., she married while she was a na'arah, left his authority, and became a widow or was divorced, when she is, so to speak, an orphan during her father's lifetime, as was explained in the introduction to this mishnah, above, and she took a vow when she was a bogeret;
2. A na'arah, and became a bogeret, and is an orphan - who took a vow when she was a na'arah and an orphan during her father's lifetime, i.e., after she became a widow or was divorced, and when she came to ask about her vow she had become already a bogeret;
3. A na'arah who did not become a bogeret, and is an orphan - who took a vow when she was a na'arah and an orphan during the lifetime of her father, and she has not yet become a bogeret; these three are "orphans during the lifetime of their father."
4. A bogeret and her father died - who took a vow after her father died, when she had already become a bogeret;
5. A na'arah, a bogeret, and her father died - took a vow after the death of her father, when she was still a na'arah, and now she already has become a bogeret;
6. A na'arah who did not come of age and her father died - who took a vow after the death of her father when she was a na'arah, and she has still not become a bogeret; these three are actual orphans.
7. A na'arah whose father died, and after her father died she became a bogeret - who took a vow when she was a na'arah, and her father died, and she became a bogeret;
8. A bogeret whose father is alive - who took a vow when she was a bogeret, and her father was alive;
9. A na'arah, a hogeret and her father is alive - who took a vow when she was a na'arah, and now she already is a bogeret, and her father is alive; these three are bogrot.

Rabbi Yehudah says, Also if a person marries off his daughter who is a minor, and she became a widow, or was divorced and she returned to him - she still is a na'arah - most commentators read this as "and she still is a na'arah," i.e., although her father married her off when she was a minor, and she became a widow or was divorced and returned to her father, and she still is a na'arah (or even a ketanah), her vows also stand, and her father may not revoke them, for since she was married, she has left her father's authority (Rabbeinu Asher, Rabbeinu Nissim, Bartenura).

We have interpreted this mishnah in accordance with Rabbeinu Asher, Rabbeinu Nissim, and other commentators. According, however, to another interpretation: "There are nine girls" - i.e., all of whom underwent erusin while they were na'arot, and the changes which prevent revocation of the vow took place later, as listed in detail in the mishnah (see Rambam's Mishnah Commentary; Hameiri). These commentators have the version of Rabbi Yehudah's words in our text, "she still is a na'arah," i.e., according to Rabbi Yehudah, she is considered a na'arah, and her father may revoke her vows (see ibid.; see Tiferet Yisrael).

NEDARIM: CHAPTER 11: MISHNAH 11

"Konam that I do not derive benefit from Father, and from your father, if I work for you"; "that I do not derive benefit from you, if I work for Father and for your father" - he may revoke.

Kehati

This mishnah teaches regarding a woman who took a vow stipulating a specific condition, that if the vow and the condition affect matters of mutual relationship, the husband may revoke her vow, even though, because of the condition, the vow has not yet taken effect.

If a woman said: "Konam that I do not derive benefit from Father, and from your father, if I work for you" - she took a vow not to derive benefit from that of her father or from that of her husband's father, if she would make food (or anything else) for her husband; or if she said, "Konam - that I do not derive benefit from you, if I work for Father and for your father" - she took a vow not to derive benefit from her husband if she would make anything for her father or for her husband's father, he - the husband, may revoke - these vows, since they affect their relationship, for it is humiliating to the husband if, because his wife will do work for him, she will be prohibited by vow from deriving benefit from his father or from her father; similarly, it is humiliating to the husband that she is not permitted to do anything for her father or for his father, in order that she should not be prohibited to him (Rabbeinu Asher, Tur); although the vow has not yet taken effect, he nevertheless may revoke it.

Hameiri writes that this mishnah must be interpreted as referring to a na'arah meorasah whose vow may be revoked by her father and her groom; the mishnah teaches that they revoke her vow because of matters of mutual relationship, even though the vow has not yet taken effect. Regarding a married woman (who has undergone nisu'in), however, she is obligated to her husband (see Rambam's commentary on the mishnah - who also interprets this mishnah as referring to a na’arah meorasah. Hameiri adds that, according to another opinion, this refers to a married (after nisu'in) woman; and if so, the reason for this revocation is because he may divorce her and he would be forbidden to remarry her.

According to another version, the mishnah should read, "then he may not revoke"; the reason for this is that even matters of mutual relationship are not present in this case, rather she must work for her husband, and not derive benefit from his father or from her father. The main interpretation of this mishnah, however, is according to the first version, and as it is quoted in the Gemara: "'Konam if I derive benefit from Father and from your father if I do for you' - Rabbi Natan says, He may not revoke, but the Sages say, He may revoke”. The law is undoubtedly in accordance with the opinion of the Sages and the unattributed opinion in the mishnah.

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