Torah Community Connections

Week 73 - Sunday - 15 April 2001

NEDARIM: CHAPTER 10: MISHNAH 6

A woman awaiting her yavam, whether one yavam or two yevamim - Rabbi Eliezer says, he may revoke. Rabbi Yehoshua says, One but not for two. Rabbi Akiva says, Not one and not two. Rabbi Eliezer says, What! If he may revoke the vows of a wife whom he acquired for himself, how much more so of a wife who was acquired for him by Heaven! Rabbi Akiva said to him, No, If you said regarding a wife whom he acquired for himself, that others have no authority over her, would you say regarding a wife who was acquired for him by Heaven, over whom others do have authority? Rabbi Yehoshua said to him, Akiva! Your words about two yevamin, what do you reply to one yevam? He said to him, The yevamah is not complete to the yavam, as the betrothed woman is complete to her husband.

Kehati

This mishnah discusses the right of the yavam to revoke the vows of his yevamah while she is still awaiting yibum (see Deut. 25:5-10).

A woman - a widow, awaiting her yavam - to perform yibum, in accordance with the Torah command, whether one yavam - whether her husband had one brother, or two yevamim - if he had two brothers, and she is waiting for one of them to perform the obligation of yibum, Rabbi Eliezer says, he may revoke - the Gemara explains that the yavam performed ma'amar (a formal betrothal declaration), i.e., he betrothed her with money or with a document (see our introduction to Yev. 5:1). Rabbi Eliezer holds that ma'amar completely acquires a yevamah, and she is considered a betrothed woman; therefore, if she is a widow from betrothal and is still a na'arah, and she has a father, then the yavam, who performed ma'amar, may revoke her vows in conjunction with her father.

Rabbi Yehoshua says, One but not two - if the woman is waiting for one yavam, he may revoke her vows; since she is automatically bound to him by Torah law, this bond gives her the same status as if she entered under his authority (Rabbeinu Asher; Bartenura), i.e., the status of a betrothed woman (Rabbeinu Nissim; see Tosefot Yom Tov); but a woman awaiting two yevamim, neither one of them may revoke her vows, for it is not clear to which one she is bound, and which one she will marry. And even if one of them performed ma'amar, Rabbi Yehoshua holds that ma'amar does not effect a complete acquisition.

Rabbi Akiva says, Not one and not two - whether she is waiting for one yavam or for two yevamim, they may not revoke her vows, since this tie and ma'amar have not effect on her.

Rabbi Eliezer says, What! If he may revoke the vows of a wife whom he acquired for himself - i.e., his betrothed, in conjunction with her father, how much more so of a wife who was acquired for him by Heaven - i.e., his yevamah, - can we not learn this from a minor to major inference, that he may revoke her vows in conjunction with her father?

Rabbi Akiva said to him, No - this is not the law, If you said regarding a wife whom he acquired for himself - that he may revoke her vows, for the reason - that others have no authority over her - marriage performed by others is not valid regarding her, would you say regarding a wife who was acquired for him by Heaven - a yevamah, over whom others do have authority? - for as long as one of the brothers has not performed yibum she is tied to the other brothers as well, and although he performed ma'amar, his brothers also may perform ma'amar and prohibit her to him, for a ma'amar may be performed following another ma'amar (Yev. 5:1-5).

Rabbi Yehoshua said to him - to Rabbi Akiva, Akiva! Your words about two yevamin - you are correct regarding the woman waiting for two yevamin, over whom others do have authority, and you have responded well to the words of Rabbi Eliezer, what do you reply to one yavam - but what is your response to my words, for I say, the woman who waits for one yevam is considered a betrothed woman, over whom others have no authority?

He - Rabbi Akiva, said to him - Rabbi Yehoshua, The yevamah is not complete to the yavam - is not considered to be the complete wife of the yavam, as the betrothed woman is complete to her husband - as the betrothed woman is the complete wife of the groom, for one who has relations with a betrothed woman is liable to the death penalty (stoning), while one who has relations with a yevamah, even after the yavam has performed ma'amar, to her, is not liable to the death penalty.

NEDARIM: CHAPTER 10: MISHNAH 7

If one says to his wife, "All the vows which you will take from now until I come from such-and-such a place, are binding" - he has said nothing; "are revoked" - Rabbi Eliezer says, Revoked. But the Sages say, Not revoked. Rabbi Eliezer said, If he can revoke vows that are already binding, may he not revoke vows that are not yet binding? They said to him, it is written, "her husband may confirm, or her husband may revoke it" (Num. 30:14) - that which can be confirmed, can be revoked; that which cannot be confirmed, cannot be revoked.

Kehati

The Torah says, "Every vow, and every binding oath involving self-denial, her husband may confirm it, and her husband may revoke it" (Num. 30:14). Hence, the husband may confirm his wife's vows, or revoke them on the day he hears them; and if the husband confirmed his wife's vows, he may no longer revoke them. This mishnah discusses whether a husband may confirm or revoke vows which his wife will take in the future.

If one says to his wife, "All the vows which you will take from now - from the time that I leave here, until I come from such-and-such a place, are binding" - i.e., the husband confirms, in advance, the vows that his wife will make during a certain period, he has said nothing - for one may not confirm vows which have not yet been made; according to one opinion, the reason is that perhaps she will take vows that he will not wish to confirm, and thus his confirmation is erroneous.

But if a person says to his wife, "All the vows which you will take from now until I come from such-and-such a place, "are revoked" - he revoked in advance, the vows that his wife will take during his absence from home, Rabbi Eliezer says - any vow which his wife will take during that period is - Revoked - and we do not fear erroneous revocation, for a person generally does not wish his wife to make vows. But the Sages say, Not revoked - his revocation is not valid either.

Rabbi Eliezer said - to the Sages, If he - the husband, can revoke vows that are already binding, i.e., vows which his wife has already taken, and where prohibitions already apply to her - may he - the husband, not revoke vows that are not yet binding - which his wife will take, in the future whose prohibitions have not yet taken effect?!

They - the Sages, said to him - to Rabbi Eliezer, It is written - in the Torah, "her husband may confirm, and her husband may revoke it" (Num. 30:14) - the Torah compared revoking a vow with the confirmation of a vow, to teach you: that which can be confirmed, can be revoked - a vow which the husband may confirm, i.e., a vow which she has already taken and which is binding upon her, may be revoked by the husband; but - that which cannot be confirmed cannot be revoked - a vow which has not yet been taken, which the husband cannot confirm (even according to Rabbi Eliezer), may not be revoked by him.

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