Nedarim 10

נַעֲרָה הַמְאֹרָסָה, אָבִיהָ וּבַעְלָהּ מְפֵרִין נְדָרֶיהָ. הֵפֵר הָאָב וְלֹא הֵפֵר הַבַּעַל, הֵפֵר הַבַּעַל וְלֹא הֵפֵר הָאָב, אֵינוֹ מוּפָר, וְאֵין צָרִיךְ לוֹמַר שֶׁקִּיֵּם אֶחָד מֵהֶן:

A betrothed maiden — her father and her husband annul her vows. [A girl of twelve years and one day who has brought two (pubertal) hairs is called a maiden (na'arah) until six (additional) months. And a girl of eleven years and one day — her vows are examined. If she knows for whom she vowed and for whom she dedicated, her vow is a vow. And she, too — her father and her husband annul her vows.] If the father annulled it, but not the husband; or the husband, but not the father, it is not annulled. [Because we might think that "her father and her husband annul her vows" is to be understood as either her father or her husband, we are, therefore, taught: "If the father annulled it, but not the husband, etc.", to apprise us that both must annul it.] And it goes without saying that if one of them confirmed it, [the second cannot annul it. We are hereby apprised that even if the one who had confirmed it asked (and gained) absolution for it, (as it is ruled; "Absolution can be asked for a confirmation"), the one who asked for absolution can no longer annul it since both of them could not annul it together.]

מֵת הָאָב, לֹא נִתְרוֹקְנָה רְשׁוּת לַבָּעַל. מֵת הַבַּעַל, נִתְרוֹקְנָה רְשׁוּת לָאָב. בָּזֶה יָפֶה כֹחַ הָאָב מִכֹּחַ הַבָּעַל. בְּדָבָר אַחֵר יָפֶה כֹחַ הַבַּעַל מִכֹּחַ הָאָב, שֶׁהַבַּעַל מֵפֵר בְּבֶגֶר, וְהָאָב אֵינוֹ מֵפֵר בְּבָגֶר:

If the father died, permission is not "emptied out" to the husband, [for the husband cannot annul his wife's vows until she is married to him.] If the husband died, permission is emptied out to the father [and he annuls her vows all the days of her maidenhood, it being written (Numbers 30:17): "…in her maidenhood, the house of her father." In this, the power of the father is superior to the power of the husband. In a different respect, the power of the husband is superior to the power of the father. For the husband annuls when she is a bogereth, but the father does not annul when she is a bogereth, [it being written (Ibid. 4): "…in the house of her father, in her maidenhood."]

נָדְרָה וְהִיא אֲרוּסָה, נִתְגָּרְשָׁה בוֹ בַיּוֹם, נִתְאָרְסָה בוֹ בַיּוֹם, אֲפִלּוּ לְמֵאָה, אָבִיהָ וּבַעְלָהּ הָאַחֲרוֹן מְפֵרִין נְדָרֶיהָ. זֶה הַכְּלָל, כֹּל שֶׁלֹּא יָצָאת לִרְשׁוּת עַצְמָהּ שָׁעָה אֶחָת, אָבִיהָ וּבַעְלָהּ הָאַחֲרוֹן מְפֵרִין נְדָרֶיהָ:

If she vowed while she were betrothed, and were divorced on the same day [that her father heard (for if the day passed, he can no longer annul it)], and she were betrothed to another [on the same day], even a hundred times, her father and her last husband annul her vows [that she vowed in the presence of her first betrothed; for the betrothed can annul prior vows.] This is the rule: Anyone who did not enter "her own domain" [either by becoming a bogereth or by getting married], her husband and her last husband annul her vows.

דֶּרֶךְ תַּלְמִידֵי חֲכָמִים, עַד שֶׁלֹּא הָיְתָה בִתּוֹ יוֹצְאָה מֵאֶצְלוֹ, אוֹמֵר לָהּ, כָּל נְדָרִים שֶׁנָּדַרְתְּ בְּתוֹךְ בֵּיתִי, הֲרֵי הֵן מוּפָרִין. וְכֵן הַבַּעַל עַד שֶׁלֹּא תִכָּנֵס לִרְשׁוּתוֹ, אוֹמֵר לָהּ, כָּל נְדָרִים שֶׁנָּדַרְתְּ עַד שֶׁלֹּא תִכָּנְסִי לִרְשׁוּתִי, הֲרֵי הֵן מוּפָרִין, שֶׁמִּשֶּׁתִּכָּנֵס לִרְשׁוּתוֹ אֵינוֹ יָכוֹל לְהָפֵר:

The way of Torah scholars — before his daughter leaves him he says to her; "All the vows that you vowed in my house are annulled" [before she enters her husband's domain; and similarly, her betrothed tells her this before she enters his domain. For when she enters his domain, he cannot annul them, a husband not annulling prior vows. And we are apprised by our Mishnah that a husband can annul his wife's vows even without hearing them, it being taught: "And so the husband, before she enters his domain, says, etc."], and so the husband before she enters his domain, says: "All the vows that you vowed before entering my domain are annulled." For when she enters his domain, he cannot annul them.

בּוֹגֶרֶת שֶׁשָּׁהֲתָה שְׁנֵים עָשָׂר חֹדֶשׁ, וְאַלְמָנָה שְׁלשִׁים יוֹם, רַבִּי אֱלִיעֶזֶר אוֹמֵר, הוֹאִיל וּבַעְלָהּ חַיָּב בִּמְזוֹנוֹתֶיהָ, יָפֵר. וַחֲכָמִים אוֹמְרִים, אֵין הַבַּעַל מֵפֵר, עַד שֶׁתִּכָּנֵס לִרְשׁוּתוֹ:

A bogereth who tarried twelve months [A bogereth, whose father does not annul her vows, who was solicited for marriage, and who tarried twelve months, after which period her (prospective) husband is obliged to feed her], and a widow [who tarried] thirty days [after having been solicited for marriage, after which period her (prospective) husband feeds her] — R. Eliezer says: Since her husband is obliged to feed her, he annuls [her vows. The halachah is not in accordance with R. Eliezer.] And the sages say: The husband does not annul until she enters his domain.

שׁוֹמֶרֶת יָבָם, בֵּין לְיָבָם אֶחָד בֵּין לִשְׁנֵי יְבָמִין, רַבִּי אֱלִיעֶזֶר אוֹמֵר, יָפֵר. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, לְאֶחָד אֲבָל לֹא לִשְׁנָיִם. רַבִּי עֲקִיבָא אוֹמֵר, לֹא לְאֶחָד וְלֹא לִשְׁנָיִם. אָמַר רַבִּי אֱלִיעֶזֶר, מָה אִם אִשָּׁה, שֶׁקָּנָה הוּא לְעַצְמוֹ, הֲרֵי הוּא מֵפֵר נְדָרֶיהָ, אִשָּׁה שֶׁהִקְנוּ לוֹ מִן הַשָּׁמַיִם, אֵינוֹ דִין שֶׁיָּפֵר נְדָרֶיהָ. אָמַר לוֹ רַבִּי עֲקִיבָא, לֹא, אִם אָמַרְתָּ בְאִשָּׁה שֶׁקָּנָה הוּא לְעַצְמוֹ, שֶׁאֵין לַאֲחֵרִים בָּהּ רְשׁוּת, תֹּאמַר בְּאִשָּׁה שֶׁהִקְנוּ לוֹ מִן הַשָּׁמַיִם, שֶׁיֵּשׁ לַאֲחֵרִים בָּהּ רְשׁוּת. אָמַר לוֹ רַבִּי יְהוֹשֻׁעַ, עֲקִיבָא, דְּבָרֶיךָ בִשְׁנֵי יְבָמִין. מָה אַתָּה מֵשִׁיב עַל יָבָם אֶחָד. אָמַר לוֹ, אֵין הַיְבָמָה גְמוּרָה לַיָּבָם כְּשֵׁם שֶׁהָאֲרוּסָה גְמוּרָה לְאִישָׁהּ:

A shomereth yavam (a woman awaiting yibum), either to one yavam or to two yavmin, R. Eliezer says: He (the yavam) can annul. [The instance is one in which the yavam makes a ma'amar in her, R. Eliezer holding that a ma'amar effects bona fide Torah acquisition. And if she is a na'arah and she has a father, her father and the yavam who had made a ma'amar in her annul her vows.] R. Yehoshua says: To one, but not to two. [For R. Yehoshua does not hold a ma'amar to effect bona fide acquisition. However, he does hold that zikkah ("linkage") obtains, and that zikkah is like marriage. And when there is only one yavam, he annuls; but if there are two, neither of them annuls, for there is no breirah (retroactive discrimination).] R. Akiva says: Neither to one nor to two. [He holds that zikkah is not like marriage and that ma'amar does not effect bona fide Torah acquisition.] R. Eliezer: Now if a woman whom he acquired for himself [i.e., his betrothed] — if he annuls her vows — a woman bequeathed to him by Heaven [i.e., his yevamah], how much more so should he annul her vows [jointly, with her father]! R Akiva to R. Eliezer: It may be so with a woman whom he acquired for himself, for others have no rights in her! [For she, too, is linked to the other yavmin.] R. Yehoshua to R. Akiva: Akiva, your words (stand to reason) for two yavmin, but what will you say for one yavam! [That is, your answer suffices for the words of R. Eliezer, who says that he annuls even where there are two yavmin. But how will you answer my: "to one, but not to two"?] R. Akiva to R. Yehoshua: The yevamah is not absolutely acquired by the yavam [to make one who lives with her liable to the death penalty], as the betrothed is absolutely acquired by her husband [touching this penalty. The halachah is in accordance with R. Akiva.]

הָאוֹמֵר לְאִשְׁתּוֹ, כָּל הַנְּדָרִים שֶׁתִּדְּרִי מִכָּאן עַד שֶׁאָבֹא מִמָּקוֹם פְּלוֹנִי, הֲרֵי הֵן קַיָּמִין, לֹא אָמַר כְּלוּם. הֲרֵי הֵן מוּפָרִין, רַבִּי אֱלִיעֶזֶר אוֹמֵר, מוּפָר. וַחֲכָמִים אוֹמְרִים, אֵינוֹ מוּפָר. אָמַר רַבִּי אֱלִיעֶזֶר, אִם הֵפֵר נְּדָרִים שֶׁבָּאוּ לִכְלָל אִסּוּר, לֹא יָפֵר נְדָרִים שֶׁלֹּא בָאוּ לִכְלָל אִסּוּר. אָמְרוּ לוֹ, הֲרֵי הוּא אוֹמֵר, אִישָׁהּ יְקִימֶנּוּ וְאִישָׁהּ יְפֵרֶנּוּ (במדבר ל), אֶת שֶׁבָּא לִכְלָל הָקֵם, בָּא לִכְלָל הָפֵר. לֹא בָא לִכְלָל הָקֵם, לֹא בָא לִכְלָל הָפֵר:

If one said to his wife: "All the vows that you will vow from now until I return from that place stand," he has said nothing, [this being "standing" in error, for there are vows which he would not wish to stand.] If he said: "They are annulled," R. Eliezer says: They are annulled. [For as a rule, a man does not desire his wife's vows.] And the sages say: They are not annulled. R. Eliezer said: If he can annul vows which have taken effect [(After she vowed, she is forbidden in them (the objects of her vows) if her husband does not annul them)], should he not be able to annul vows which have not taken effect! They answered: It is written (Numbers 30:14): "Her husband shall cause it to stand and her husband shall annul it": What has reached the stage of "standing" [i.e., vows which have already taken effect] is subject to annulment; what has not reached the stage of "standing" is not subject to annulment.

הֲפָרַת נְדָרִים, כָּל הַיּוֹם. יֵשׁ בַּדָּבָר לְהָקֵל וּלְהַחֲמִיר. כֵּיצַד. נָדְרָה בְּלֵילֵי שַׁבָּת, יָפֵר בְּלֵילֵי שַׁבָּת וּבְיוֹם הַשַּׁבָּת עַד שֶׁתֶּחְשָׁךְ. נָדְרָה עִם חֲשֵׁכָה, מֵפֵר עַד שֶׁלֹּא תֶחְשַׁךְ. שֶׁאִם חָשְׁכָה וְלֹא הֵפֵר, אֵינוֹ יָכוֹל לְהָפֵר:

The annulment of vows [viz. (Numbers 30:9): "And if on the day that her husband hear, he constrain her"] obtains the entire day [until it gets dark, it being written: "on the day that he hear." As to its being written (Ibid. 15): "from day to day," this is to apprise us that we are not to say: in the daytime, yes; at night, no. "from day to day" indicates that sometimes he has time to annul "from time to time" (i.e., a twenty-four hour period), as when she vowed in the beginning of the night.] There is in this a leniency and a stringency. [That is, sometimes there is only little time for annulment, and sometimes, ample time.] How so? If she vowed on Sabbath night, he can annul on Sabbath night and on the day of the Sabbath until it gets dark. If she vowed before it got dark, he can annul (only) until it gets dark. For if it got dark and he had not annulled it, he can no longer do so. ["Sabbath night" apprises us that vows may be annulled (mefirin) on the Sabbath, even not for the sake of the Sabbath. But a sage may absolve one of vows (matir) on the Sabbath only for the sake of the Sabbath. And even though he had time in the daytime, he may absolve him for the sake of the Sabbath. ("For if it got dark and he had not annulled it, etc.":) For annulment of vows obtains "from time to time" only if she had vowed in the beginning of the night. And vis-à-vis annulment (hafarah) it avails only if he says: "Mufar lach" ("It is annulled for you") as per the language of the verse. For the husband's annulment is from this time forward, as in (Genesis 17:14): "He has annulled (hefer) My covenant." And when a sage says: "Mutar lach ("It is absolved for you"); there is here neither vow nor oath," he uproots the vow from its very beginning. And if the sage used the term "hafarah," or the husband, the term "hatarah," there is neither absolution nor annulment. And if he (the husband) said: "If you did not vow, I bevow you," his words stand, and he need not say: "It stands for you." Since, even if he remained silent that entire day the vow would stand, then, with minimal speaking (on his part) it also stands. And on the Sabbath he says: "Take and eat," "Take and drink," and he does not annul as he does on a weekday, and the vow is voided of itself. And if he cannot compel her, he voids it in his heart and he need not utter it with his lips. And it is only with bitul (voiding) such as: "Take and eat," where he forces her to transgress her vow, that thinking in his heart avails, even if he did not utter it with his lips. But with hafarah (annulment), where he does not compel her to transgress her vow, he must utter it with his lips, annulment in the heart not availing.]