Sunday 2 August 2015

Nedarim 71: One Day, Many Husbands

A new Mishna offers definitive words regarding the vows of a betrothed woman.  It states that a betrothed woman who is divorced the same day and then immediately betrothed again - even if this happens with one hundred men - her father and her last husband nullify her vows.  The principle is that a father and a husband nullify the vows of a young woman who has not entered into her own jurisdiction either through full marriage or through reaching the age of majority for at least one moment.

It might seem that this is clear enough.  However, the rabbis use most of amud (a) to discuss what should happen if within one day one of the men in question should die, or say noting, or change his mind.  

Amud (b) helps us understand where Beit Hillel and Beit Shammai disagree.  Beit Shammai believe that if the betrothed were to die, authority reverts back to the young woman's father.  As well, they hold that once her vow is nullified by either of these men, they sever their portion of the vow.  This leaves the vow available to be nullified by the father in the case of the betrothed's death.

Beit Hillel hold that the father and the final husband (of the day) both nullify her vows together.  Neither sever her vow through their nullification, rather, they weaken the bond.  Thus the final betrothed can also nullify the young woman's vows together with her husband.  Beit Hillel's position allows for greater flexibility in the case of multiple betrothals and deaths on the same day as the young woman states her vow.

The Sages ask an interesting question.  If a man divorces his wife after she takes a vow, is his silence counted as ratification of her vow, as in usual circumstances?  Or is it simply thought of as silence, and her vow is subject to nullification the following day?  Discussing this, the rabbis consider whether or not the couple was divorced or even remarried that same day.  However, they agree at the end of the daf that divorce is the same as ratification.

Our notes remind us that a husband has no authority over his wife's vows if those vows were made before they were married.  Further, if he heard her vow and then decided to divorce her because of the vow, he has ratified that vow by saying nothing (ie. by divorcing her rather than nullifying her vow on the same day that he hears it). 

Why is it important for men to have authority over women's vows?  It is simply a reflection of patriarchy?  Or am I missing some form of benevolence intended in these halachot?

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