Limud Torah

with Rav Chaim

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Mon Nedarim 78

 

The Gemara says that a husband is only takes away a Neder if he uses the term "hafara." a Chachum only takes off a Neder with the term" Heter."

Ran explains: the term Heter means that it's permitted completely and there was never any Issur here. Therefore, since a Chachum removes the Neder retroactively, it's only appropriate to use the term "Heter". However, a husband only takes off the Neder from this time and on, but not retroactively. Therefore it's appropriate to use the term" Maifer" that implies that.

 

Thurs Nedarim 74

 

The Gemara explains that R' Yehoshua that says that if there is only one Yavum, he may  be Maifer the Yevama's oaths, it's because he holds there is Zika (that they're connected to the point that we consider him to be her husband.)

Ran asks: the Gemara there says we don't find anyone that holds Zika is so strong that we already consider him to be her husband except r' Oshia explaining R' Shimon, and he was disproved?

The Ran answers: the gemara there only means that we don't find anyone  that explains R' Shimon that Zika makes hime her husband, however, we can say that R' Yehoshua held that way.

Alternatively, we don't consider him to be her complete husband, rather just being on the same plane as Kiddushin, that he can Maifer her Neder in partnership with her father's Hafara.

 

Wed Nedarim 73

 

The Gemara has a Shaila if you can be Maifer the Nedarim of his two wives at thee same time. Or do we say that that the Torah says "her Neder" and not her with someone else.

The Gemara brings a proof from a Sotah that you may not perform the ceremony on two Sotos at the same time. Tana Kama says for perhaps, one of them would admit to her sin, but gets more confidence to deny her sin when her friend is also denying. R' Yehuda says: this is not the reason, rather  because the Pasuk says to take "her" out, and not  "them" out.

The Ran brings those who explain: so we see it's a Machlokes if we make this Drasha, therefore the Halacha is like Tana kama who says that we don't, therefore he can maifer two wives at the same time.

However, the Ramban explains: everyone holds of this Drasha. The Gemara in Sotah explains Tana Kama as R' Shimon that explains the reasons of the Pasuk, why was the Torah care to take only her out. Similarly, we use this Drashsa that one can't Shecht two Para Adumos at the sasme time, since the Torah says you Shecht "her." Also, we use this Drasha to say later, that the man needs to know which person's Neder he's Meifer. (he can't be in doubt if his wife or daughter made it.   

 
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