Nedarim 89: Vows of Widows, Orphans and Divorcees

We conclude the Mishna that began in daf 88.  What about a divorced woman or a widow?  Should any future-based vow be subject to nullification by her husband or father once she is removed from the authority of her husband?  If she says that she is a Nazirite after thirty days and then she marries, her husband cannot nullify her vow.  If she took the vow while she was married, he can nullify the vow for her. At that moment in time only, however, he is permitted to nullify her vow.  If she was divorced and remarried to her husband on the same day as taking that vow, he cannot nullify her previous vows once divorced.  The principle: Once a woman has entered her own jurisdiction, even for a single hour, none of her vows from her first marriage, even with the same husband, can be nullified by her second husband. 

The Gemara begins with an argument between two rabbis.  If a widow or divorcee says I am hereby a nazirite for when I get married, and she was married Rabbi Yishmael says that her husband can nullify her vow and Rabbi Aviva says he cannot.  If she says the same for when she will get divorced, and she gets divorced – Rabbi Yishmael says that her husband cannot nullify her vow, and Rabbi Akiva says that he can. 

Rabbi Yishmael quotes Numbers 30:10, explaining that every vow of a widow and of divorced women shall be upheld against them.  Thus each vow can then be nullified only after it takes effect – and at that time there is no husband to nullify the vow.  Rabbi Akiva maintains his position, believing that the binding of the vow takes place at the time of her widowhood or divorce.  Other rabbis add to this discussion.

We are reminded of a principle: betrothed young woman requires that her husband and her father are present to nullify her vows.  Thus sending messengers is not enough.  And another principle: A husband cannot nullify vows made previous to their marriage.

We learn a new Mishna: Nine young women’s vows are upheld and cannot be nullified.  She must have taken these vows:

1)   as a grown woman and an orphan

2)   as an orphan

3)   as a young woman who has reached majority and an orphan

4)   as a young woman you has not reached majority and is an orphan

5)   as a grown woman whose father has died

6)   as a young woman whose father died and then she reached majority

7)   as a grown woman and father is alive

8)   as a young woman who became a grown woman and her father is alive

9)   as added by Rabbi Yeduda: as a minor daughter who was widowed/divorced and returned to her father while she is still a young woman by age

The rabbis clarify: three young women cannot have their vows nullified: a grown woman, an orphan, and an orphan in her father’s lifetime.

A last Mishna for today: A woman might vow that deriving benefit from her father or father-in-law is konam for her if she prepares anything for her husband.  Her husband can nullify this vow.  Rabbi Natan disagrees: she is obligated to prepare food for her husband, and so this vow cannot be nullified because the vow is void.  The rabbis say that her husband can nullify her vow.

The baraita continues: Rabbi Natan says that a husband cannot nullify his wife’s vow if she promises to remove herself from the Jews – to abstain from sexual intercourse with anyone – if I have intercourse with you.  She is obligated, says Rabbi Natan, and so her vow is void.  The rabbis disagree with this as well.

We end our daf with an example of a similar vein.  A man claimed that he should receive no benefit from the world if he marries a woman before he has learned halachot.  He did not learn halachot, though he climbed a rope up and down.  Rabbi Acha bar Rav Huna erroneously told him that his vow would not come into effect, and so the man married.  Tomorrow’s daf will tell us what happened to this poor soul….