משנה: מֵת הָאָב לֹא נִתְרוֹקְנָה רְשׁוּת לַבַּעַל. מֵת הַבַּעַל נִתְרוֹקְנָה רְשׁוּת לָאָב. בָּזֶה יִיפָּה כֹּחַ הָאָב מִכֹּחַ הַבַּעַל. בְּדָבָר אַחֵר יִיפָּה כֹּחַ הַבַּעַל מִכֹּחַ הָאָב. שֶׁהַבַּעַל מֵיפֵר בְּבֶגֶר וְהָאָב אֵינוֹ מֵיפֵר בְּבֶגֶר. MISHNAH: If the father died, his power is not voided in favor of the husband. If the husband died, his power is voided in favor of the father19While the husband cannot dissolve after the father’s death (Nedarim 10:2:1" href="/Jerusalem_Talmud_Nedarim.10.2.1">Mishnah 2), the father can dissolve alone after the husband’s death (as long as the marriage is in the preliminary stage) since after the husband’s death the underage daughter returns to the father’s tutelage.. In this, He strengthened the father’s power over the husband. In another matter, He strengthened the husband’s power over the father since the husband dissolves in adulthood but the father does not dissolve in adulthood1An underage girl can be married off by her father. A woman becomes an adult in two steps. At age 12 (if she had developed two pubic hairs) she becomes an adult before the law but the father retains the right to marry her off and the right to her earnings for an additional 6 months, when she is called נַעֲרָה “adolescent girl”. After these 6 months she becomes an adult, בּוֹגֶרֶת “ripe”, is totally independent from her father, and has to marry on her own. The vow of a minor below age 11 is void. If she made a vow after age 11 (for a male after age 12), one has to investigate whether she understands the meaning and implications of a vow. If the investigation has a positive result, her vows are valid and, as far as vows are concerned, she has acquired the status of adolescent, even though in other legal aspects she remains a minor.
The chapter on vows states clearly that the father can dissolve his dependent daughter’s vows (Numbers.30.4-6">Num. 30:4–6). Similarly, the husband can dissolve the vows of his wife if she lives “in his house” (Numbers.30.11-15">vv. 11–15). A preliminarily married girl (cf. Peah 6:2:6" href="/Jerusalem_Talmud_Peah.6.2.6">Peah 6:2 Note 46; Demay 4:1, Note 19; Terumot 8:1:2" href="/Jerusalem_Talmud_Terumot.8.1.2">Terumot 8:1, Note 9) remains under her father’s jurisdiction until she is taken to her husband’s house in the final ceremony. It is asserted that during her status as preliminarily married wife, the father can dissolve her vows since she is “in his house” and the husband is given special authority over her vows in vv. 7–9 which, therefore, are not duplicated in vv. 11–15.
The power of dissolution in any case is restricted to the day after the father or husband first was informed of the vow (vv. 6,9,13,15). But if one of them agreed to the vow within the allotted period, he can no longer object after that..
הלכה: מֵת הָאָב לֹא נִתְרוֹקְנָה רְשׁוּת לַבַּעַל כול׳. הֲווֹן בָּעֵיי מֵימַר. בְּשֶׁלֹּא הֵיפֵר הָאָב חֶלְקוֹ וָמֵת וְלֹא נִתְרוֹקְנָה רְשׁוּת לַבַּעַל. נִישְׁמְעִינָהּ מִן הָדָא. דֶּרֶךְ תַּלְמִידֵי חֲכָמִים עַד שֶׁלֹּא הָֽיְתָה בִתּוֹ יוֹצֵאת מֵאֶצְלוֹ אוֹמֵר לָהּ. כָּל־נְדָרִם שֶׁנָּדַרְתְּ בְּתוֹךְ בֵּיתִי הֲרֵי הֵן מוּפָרִין. הָדָא אָֽמְרָה. אֲפִילוּ הֵיפֵר הָאָב חֶלְקוֹ וָמֵת לֹא נִתְרוֹקְנָה רְשׁוּת לַבַּעַל. HALAKHAH: “If the father died, his power is not voided in favor of the husband,” etc. They wanted to say that if the father had dissolved his part and died, his power is not voided in favor of the husband29If the girl is preliminarily married and the father dies after he had dissolved her vow but before the husband did, her vow cannot be dissolved.. Let us hear from the following30Nedarim 10:4:1" href="/Jerusalem_Talmud_Nedarim.10.4.1">Mishnah 4. The quote does not prove anything; the proof is from the second part of the Mishnah which requires the husband to dissolve all prior vows of his bride prior to her entering his house, i. e., as long as she still is only preliminarily married. After she enters his house, he can no longer dissolve prior vows. Since the final marriage ceremony emancipated the girl (older than three years and one day) from her father and the father’s death does the same, it is concluded that the husband’s power over a preliminarily married girl endures only as long as she is under her father’s tutelage.: “The way of learned people is that, before his daughter left his house, he told her: ‘Any vows which you had vowed in my house are dissolved’.” This implies that if the father had dissolved his part and died, his power is not voided in favor of the husband.
מֵת הַבַּעַל נִתְרוֹקְנָה רְשׁוּת לָאָב. הֲווֹן בָּעֵיי מֵימַר. בְּשֶׁהֵיפֵר הַבַּעַל אֶת חֶלְקוֹ. אֲבָל לֹא הֵיפֵר הַבַּעַל חֶלְקוֹ וָמֵת וְלֹא נִתְרוֹקְנָה רְשׁוּת לָאָב. נִישְׁמְעִינָהּ מִן הָדָא. נָֽדְרָה וְהִיא אֲרוּסָה. נִתְגָּֽרְשָׁה בוֹ בַיּוֹם. נִתְאָֽרְסָה בוֹ בַיּוֹם. אֲפִילוּ לְמֵאָה. אָבִיהָ וּבַעֲלָהּ הָאַחֲרוֹן מֵיפֵירִין אֶת נְדָרֶיהָ. הָדָא אָֽמְרָה. אֲפִילוּ לֹא הֵיפֵר הַבַּעַל חֶלְקוֹ וָמֵת הַבַּעַל. נִתְרוֹקְנָה רְשׁוּת לָאָב. If the husband died, his power is voided in favor of the husband.” They wanted to say, after the husband had dissolved his part. But if the husband had not dissolved his part when he died, the power is not voided in favor of the father. Let us hear from the following: “If she made a vow while being preliminarily married. If she was divorced on the same day, preliminarily married on the same day, even a hundred times, her father and her last husband dissolve her vows31Nedarim 10:3:1" href="/Jerusalem_Talmud_Nedarim.10.3.1">Mishnah 3. Since the last husband has to dissolve, it follows that the first did not. Nevertheless, the father can dissolve her vows after the first husband was eliminated by divorce (or death)..” That means, even if the husband had not dissolved his part and died, his power is voided in favor of the father.
מֵת הָאָב לֹא נִתְרוֹקְנָה רְשׁוּת לַבַּעַל. רִבִּי חַגַּיי בָּעֵי קוֹמֵי רִבִּי יוֹסֵה. עַד כְּדוֹן בִּנְדָרִים שֶׁנָּֽדְרָה מִשֶּׁנִּתְאָֽרְסָה. נְדָרִים שֶׁנָּֽדְרָה עַד שֶׁלֹּא תִתְאָרֵס מֵת הָאָב לֹא נִתְרוֹקְנָה רְשׁוּת לַבַּעַל. אָמַר לֵיהּ. וְכִי נְדָרִים שֶׁנָּֽדְרָה עַד שֶׁלֹּא תִתְאָרֵס וְנִתְאָֽרְסָה לֹא כְּבָר נִרְאוּ לָאָב לַבַּעַל לְהָפֵר לָהּ. דְּתֵימַר. מֵת הָאָב לֹא נִתְרוֹקְנָה רְשׁוּת לַבַּעַל. הָדָא אָֽמְרָה. אֲפִילוּ נֵדֶר שֶׁנָּֽדְרָה מִשֶּׁנִּתְאָֽרְסָה. נֵדֶר עַד שֶׁלֹּא נִתְאָֽרְסָה. מֵת הָאָב נִתְרוֹקְנָה רְשׁוּת לַבַּעַל. אָמַר לֵיהּ. וְכִי נֵדֶר שֶׁנָּֽדְרָה עַד שֶׁלֹּא נִתְאָֽרְסָה וְנִתְאָֽרְסָה לֹא כְּבָר נִרְאוּ לָאָב וְלַבַּעַל לְהָפֵר לָהּ. דְּתֵימַר. מֵת הַבַּעַל נִתְרוֹקְנָה רְשׁוּת לָאָב. הָדָא אָֽמְרָה. אֲפִילוּ נֵדֶר שֶׁנָּֽדְרָה מִשֶּׁנִּתְאָֽרְסָה מֵת הַבַּעַל נִתְרוֹקְנָה רְשׁוּת לָאָב. “If the father died, his power is not voided in favor of the husband.32As R. M. Margalit points out, one would expect the quote to read: “If the husband died, his power is voided in favor of the husband.”” Rebbi Ḥaggai asked before Rebbi Yose. So far for vows she made after she was preliminarily married33Since it is a biblical decree that her vows can be voided only by the concurrent action of father and husband, we can understand that in the absence of the father, the husband has no authority. But the father was the only authority for vows preceding the preliminary marriage; why can we not say that at the father’s death the husband inherits his powers?. Vows she made before she was preliminarily married; if the father died, was his power not voided in favor of the husband? He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband34Since the husband in conjunction with the father can void vows that precede the preliminary marriage, the requirement of joint action is permanent.? Why do you have to say, if the father died, his power is not voided in favor of the husband? That means, even vows she made after she was preliminarily married. Vows she made before she was preliminarily married, if the father died, was his power voided in favor of the husband?35The argument is parallel to the preceding one, only this time to confirm that even for vows made after the preliminary marriage, the sole powers of dissolution belong to the father after the husband’s death. He said to him, is it not true that vows she made before she was preliminarily married already could be dissolved by father and husband? You say, “if the husband died, his power is voided in favor of the father”! That means, even vows she made after she was preliminarily married, if the husband died, his power is voided in favor of the father!
שֶׁהַבַּעַל מֵיפֵר בְּבֶגֶר. מַתְנִיתָא דְּרִבִּי לָֽעְזָר. דְּתַנֵּי בְשֵׁם רִבִּי לָֽעְזָר. אִם הָיֹה תִהְיֶה לְאִישׁ. בְּבוֹגֶרֶת אֲרוּסָה הַכָּתוּב מְדַבֵּר. “Since the husband dissolves in adulthood.” The Mishnah follows Rebbi Eleazar, since it was stated in the name of Rebbi Eleazar6If the material in the first paragraph is Amoraic, R. Eleazar is the Amora, bar Pedat. If the argument is tannaїtic, he is the Tanna, ben Shamua. R. Eleazar’s argument is paralleled in Sifry Num. 153 by R. Joshia, student of R. Ismael. The final argument in this paragraph is attributed to R. Ismael in the Nedarim.68a">Babli, 68a.: “If she should be a man’s”3Numbers.30.7">Num. 30:7. The masoretic text reads הָיוֹ., the verse speaks about a preliminarily married adult girl7At 12 years and 6 months (or 6 months after she developed two pubic hairs) she permanently leaves her father’s potestas. He reads the verse as dealing with a case where there is no residual power of the father. But since vv. 11 ff. speak of the married woman, he must find a case of a preliminarily married woman free from her father..