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Week 72 - Shabbat - 14 April 2001

NEDARIM: CHAPTER 10: MISHNAH 4

It is the way of scholars: before his daughter leaves him, he says to her: "All vows which you took in my house are revoked." And similarly, the husband, before she enters under his authority, says to her: "All vows which you took before you entered under my authority are revoked"; for when she will enter under his authority, he may not revoke.

Kehati

It was taught at the beginning of this chapter, "A betrothed na'arah - her father and her husband may revoke her vows." We also learned in the previous mishnah that the groom may revoke prior vows, while the husband may not revoke prior vows. Hence if a betrothed na'arah took a vow, and her father and her groom did not hear of her vows, and she married while her vows were binding on her, these vows may no longer be revoked, for the father may not revoke them, since his authority over her has expired when she married; nor may the husband revoke these vows, because the husband may not revoke prior vows. This mishnah brings a practice of scholars, who took care that when a betrothed na'arah left her father's authority and came under her husband's authority, she would not do so with her vows still binding.

It is the way - this was the practice, of the scholars: before his daughter - a na'arah, leaves him - the authority of the father, in order to enter under the authority of her husband, he - the father, says - would say, to her: "All vows which you took in my house, are revoked" - her vows are not revoked, however, until the groom also revokes them in this manner before she enters under his authority: and similarly, the husband, before she enters under his authority - before the full marriage ceremony (huppah), says to her - to his betrothed: "All vows which you took before you entered under my authority, are revoked" - since the husband has also revoked her vows, they are revoked; and why did they practice this custom? For when she will enter under his authority, he may not revoke - for after the full marriage ceremony the husband may not revoke her prior vows, as was explained in the introduction to this mishnah. According to one opinion, the father is permitted to revoke his daughter's vows, and the husband his wife's vows, even if they did not hear them, on condition that they could have heard them, i.e., they are not deaf (Gemara and the commentators; see Bartenura; Tosefot Yom Tov, Melekhet Shelomo).

NEDARIM: CHAPTER 10: MISHNAH 5

A bogeret who waited twelve months, and a widow thirty days - Rabbi Eliezer says, Since her husband is liable for her maintenance, he may revoke. But the Sages say, The husband may not annul, until she enters under his authority.

Kehati

We learned in Ket. 5:2: "A virgin is granted twelve months after her husband has demanded her in which to provide for herself, and a widow thirty days. If after such time they have not married, the woman may eat from that of his." It follows that there are times when a wife is supported by her husband prior to the full marriage ceremony. The Tannaim in our mishnah disagree as to whether the husband of such a woman may revoke her vows. The Gemara explains, "a woman who vows does so with her husband's approval," i.e., the reason why the Torah states that a husband may revoke his wife's vows is that a wife takes a vow only with her husband's approval; it is as if she had stipulated that if he does not agree then the vow is not valid. The disagreement, therefore, is whether the rule that a woman takes a vow with her husband's approval applies from the time that she is supported by him, or only from the time of the full marriage ceremony.

A - betrothed - bogeret - who has independent status, and whose father and husband may not revoke her vows, who waited twelve months - from the time that the groom demanded that she marry him (see the concluding explanation to this mishnah), and - or - a widow - who was betrothed and waited - thirty days - from the time that the bridegroom demanded marriage, Rabbi Eliezer says, Since her husband is liable for her maintenance - as was taught in the mishnah (Ket. 5:2) cited in the introduction to this mishnah, above, he may revoke - her vows, for Rabbi Eliezer holds that since she is supported by her husband, she takes vows only with her husband's approval.

But the Sages say, The husband may not revoke, until she enters under his authority - i.e., until the full marriage ceremony (Tur), for the wife takes vows with her husband's approval only from the time of the full marriage ceremony. According to another opinion, if the father gave over his daughter to the agents of the husband, then this transfer comprises entering under his authority, also for the matter of revoking vows (Rambam; see Tosefot Yom Tov).

It should be mentioned, regarding the case of "a bogeret that waited twelve months," that according to the Gemara (Ket. 57b), a bogeret is not required to wait twelve months from the time of the demand, but rather from the day she became a bogeret. We have already explained in several places, that six months after she becomes a na'arah she becomes a bogeret, i.e., if she developed two hairs when she was twelve years and a day old, then she became a na'arah, and when she became twelve years, six months, and one day old, then she becomes a bogeret. And if she was betrothed after twelve months had passed since she became a bogeret, then she is given, from the time that the husband demanded marriage, thirty days, just as a widow. It follows that it is only possible to explain our mishnah as referring to a case in which she was betrothed on the day she became a bogeret, and on the same day the groom demanded that she marry him, for it is only in such a case that she is granted twelve months. But this interpretation is tenuous. The Gemara therefore asks (Ned. 70a), "For a bogeret are not thirty days sufficient" (i.e., why was it taught, "who waited twelve months," since thirty days would be sufficient for her)? The Gemara replies, "Learn [in our mishnah] 'A bogeret who waited twelve months," i.e., the bogeret according to her law - after thirty days, or after twelve months from the day she became a bogeret - and similarly the na'arah who waited twelve months from the day the groom demanded marriage. According to this interpretation, the Tannaim in our mishnah disagree concerning the na'arah whose time has come to marry, whether the groom may revoke his vows by himself, since he supports her, or still only together with her father.

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