Limud Torah

with Rav Chaim

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Thurs Nedarim 81



The Gemara says that if he she  swears off working for their parents or to give straw to his cattle, he cannot be Meifer, since she is not obligated to do this for him However, he may Meifer if she swears off pouring him wine, wash him or spread his sheets on his bed, since she's obligated to him.

Ran asks: however, the Gemara in Kesuvos said she's also obligated to feed his cattle, so why can't he be Meifer?

Ran answers: we refer to after he hired four maids, which they do all of the wife's duties, so she's no longer obligated to do so. However, this exemption only applies to work. However, poring wine etc she's still obligated, because this is not regular work, but actions to create  closeness between wife and husband.

 

Wed Nedarim 80

 

We say that someone cannot Maifer a Neder until it starts. So if there is a condition to be met before the Neder takes effect, hen  he cannot be Maifer, because just make sure the condition is kept and there won't be any sufferung on her part. Of course, if the condition contains something that causes her to suffer, he can Maifer it immediately.

Asks the Ran: if so, when a woman says she''s a Nazira when she gets divorced, the husband can be Maifer. Why? the condition of the Nazira didn't take place yet, and it's not suffering to remain married, so the husband shouldn't be able to Maifer?

Ran answers: only conditions that in her hands to not fulfill, where she can avoid suffering, we say it doesn't take effect until the Neder starts. However, since divorce is his decision, it's not in her hands not to get divorced and avoid suffering going through Naziros, therefore the husband can be Maifer.

 

Tues Nedarum 79

 

A husband can't be Maifer in his heart without explicitly saying so. However, he can be Maykim in his heart and doesn't need to say it.

The Ran explains the reason he doesn't need to explain by Hakam, since we see that Hakam takes effect despite not saying anything. We see this when he doesn't say anything until the next day. since a day passes without saying anything, we see in his heart he wants the Neder to stand. So we have a precedence for doing hakam by not saying anything.

R' Akiva eiger asks: there is no comparesson between the two cases. By keeping quiet for a day, he reveals to all that his intent is to make the Neder stand. However, within that same day, just thinking of the Hakam doesn't reveal anything to anybody. So we should revert to the rule that things though in his heart is nothing and doesn't take effect.

 
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