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Week 73 - Thursday - 19 April 2001

NEDARIM: CHAPTER 11: MISHNAH 6

If she said, "Konam these figs and grapes that I do not taste," he confirmed the figs - all of it is confirmed. If he revoked concerning figs, it is not revoked until he also revokes concerning grapes. If she said, "Konam figs that I do not taste, and grapes that I do not taste"- then these are two vows.

Kehati

We have already mentioned that if the father confirmed his daughter's vow, or the husband his wife's vow, on the day he heard it, he may no longer revoke it. The father or husband confirms the vow by saying to the woman taking the vow, e.g., "It is confirmed for you," or "You have made an excellent vow," or similar such wording that express the desire to confirm the vow (Gemara, Ned. 72b; Rambam, Hil. Nedarim 13:3). This mishnah deals with the revocation or confirmation of part of the vow. We have already learned, regarding a vow annulled by a Sage, "that Rabbi Akiva taught that a vow which has been partially annulled is annulled entirely." The Gemara explains that Rabbi Akiva holds this opinion also in the case of annulment or confirmation of vows by the father or by the husband that a vow which has been partially annulled is annulled entirely, and similarly a vow which has been partially confirmed has been confirmed in its entirety.

This mishnah, however, is according to Rabbi Yishmael, who disagrees with Rabbi Akiva, and holds that a vow which has been partially annulled has not been annulled entirely, as will be explained in the mishnah. Regarding the confirmation of a vow, however, Rabbi Yishmael also admits that the vow which has been partially confirmed is confirmed in its entirety.

If she said, "Konam these figs and grapes that I do not taste" - she prohibited herself by this vow from figs and grapes, and - he - her father or her husband, confirmed - the vow concerning - the figs - e.g., he said to her, "You have made an excellent vow from figs," then - all of it - her vow, is confirmed - and he may no longer revoke it, even regarding grapes, for the confirmation of a part of the vow is considered as confirmation of the entire vow. The Gemara explains that it is "her husband may confirm of it" (Num. 30:14), and from "confirm of it" - "they learned," i.e., even if he confirmed part of it, all of it is confirmed.

If he - the father or the husband, revoked - the vow - concerning figs - only, e.g., he said to her, "Your vow concerning figs is annulled," it - the vow, is not revoked - at all - until he also revokes concerning grapes - and she is prohibited the figs as well, until he revokes the entire vow, and revocation of part of the vow is not effective. The Gemara explains the reason for this: it is written, "or her husband may revoke it [yeferenu]" (ibid.), from which it was learned, he may revoke it [yafer oto], i.e., he revokes it all. According to another interpretation, "it is not revoked" - the vow is not entirely revoked, "until he also revokes grapes" - but it is revoked partially, i.e., the part that he revoked, and she is permitted the figs (Rabbeinu Nissim; Rambam, according to the super commentaries). We have already mentioned in the introduction to this mishnah that our mishnah is according to Rabbi Yishmael. Rabbi Akiva, however, holds that just as the vow which has been partially annulled is entirely annulled, so too the vow which has been partially revoked or partially confirmed is entirely revoked or entirely confirmed. According to a baraita quoted in the Gemara, however, the Sages disagree with both these Tannaim, and hold that regarding both revocation and confirmation, that which has been revoked is revoked, and that which has been confirmed is confirmed. The law is in accordance with the Sages (Rambam, Hil. Nedarim 13:10).

If she said, "Konam figs that I do not taste, and grapes that I do not taste" - she did not say in her vow, "figs and grapes that I do not taste," (as in the first section of the mishnah), but rather said, "figs I do not taste, and grapes I do not taste," then these are two vows - and he may revoke whichever he desires, and he may confirm whichever he desires (Tosefta, Ned. 7:7).

NEDARIM: CHAPTER 11: MISHNAH 7

"I know that there are vows, but I do not know that there are revokers" - he may revoke. "I know that there are revokers, but I do not know that this is a vow" - Rabbi Meir says, He may not revoke, but the Sages say, He may revoke.

Kehati

"I know that there are vows, but I do not know that there are revokers" -one who heard the vow of his wife or daughter and who "remained silent" on that day, and later came and said, "I know that a wife and a daughter may take vows and their vows will be valid, but I did not know that the husband may revoke his wife's vows and the father his daughter's vows, and only today did I learn that I have the authority to revoke," he may revoke - the vow, on that day, because that day is considered for him as the day on which he heard it.

But if one said, "I know that there are revokers - that the husband may revoke the vows of his wife and the father the vows of his daughter, but I do not know that this is a vow" - I did not know until today that her vow is a valid vow and requires revocation (Rashi, Tosafot, Hameiri);

Rabbi Meir says, He may not revoke - since on the day he heard it he knew that he may revoke, he should have revoked it anyway, even though he did not know whether the vow requires revocation; since he remained silent on the day he heard it, her vow is confirmed, and he may no longer revoke it, but the Sages say, He may revoke - her vow on the day that he learned that this is a vow, for this day is for him as the day on which he heard it. The law is in accordance with the Sages.

Rabbeinu Nissim interprets "but I do not know that this is a vow" to mean, that this vow is one of the vows that a husband may revoke. Other commentators provide both interpretations, i.e., both this interpretation and the one cited above in the commentary on the mishnah, (Rabbeinu Asher, Ritba, Nimukei Yosef).

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