How many people does it take to dissolve a vow (מתיר נדרים)? TB Nedarim 78

A person made a vow; however, he no longer wants it to be in force. Today’s daf TB Nedarim teaches who may annul a person’s vow (מתיר נדרים). The Gemara provides two different methodologies to arrive at the same answer 

The first method employs a gezerah shavah, a clarification based on identical words or terms in a biblical text.

“It is taught in a baraita: It is stated here, with regard to vows: “This is the thing (זֶה הַדָּבָר),” and it is stated elsewhere: “Speak to Aaron, and to his sons, and to all the children of Israel, and say to them: This is the thing (זֶה הַדָּבָר) which the Lord has commanded, saying” (Leviticus 17:2), in the verse introducing the prohibition against slaughtering offerings outside of the Temple courtyard. Just as with regard to offerings slaughtered outside the Temple courtyard, the verse is directed to Aaron and his sons and all of Israel, so too, the portion in the Torah about vows is directed to Aaron and his sons and all of Israel. And just as here, with regard to vows, the verse states: “And Moses spoke to the heads of the tribes of the children of Israel” (Numbers 30:2), so too, there, with regard to offerings slaughtered outside the Temple courtyard, Moses spoke to the heads of the tribes.

The Gemara asks: With regard to the Torah portion on vows, for what halakha is the verbal analogy between it and slaughtering offerings outside the Temple courtyard taught? Rav Aḥa bar Ya’akov says: The verbal analogy is the source to authorize three laymen to dissolve vows. The Gemara raises a difficulty: But isn’t it written: “The heads of the tribes”? Rav Ḥisda said, and some say it was Rabbi Yoḥanan: From the phrase “the heads of the tribes” the Sages derive that vows can also be dissolved by a single expert.” (Sefaria.org translation)

The Ron explains that the Gemara learns that three laypeople may dissolve a vow from the gezerah shavah. The verse concerning vows containing the phrase “The heads of the tribes” teaches that a single expert may dissolve a vow as well. The Ron explains why the number three when comes to laypeople. These laypeople are acting like a court (בית דין) and the minimum amount of judges in a court is three.

All this is well and good except Beit Shammai does have this gezerah shavah. “Beit Shammai do not have a tradition of interpreting the verses in accordance with this verbal analogy.” (Sefaria.org translation) Note parashat Pinkhas which contains the description of the holidays is followed by parashat Matot which contains the laws of vows.

“Rav Sheshet said to him: This is what Rabbi Yosei HaGelili’s statement in the baraita is teaching: Festivals of the Lord require sanctification by the court, as the Festival dates are established by the court’s determination of the New Moon, whereas Shabbat, which commemorates Creation, does not require sanctification by the court. Shabbat is sanctified every week independent of any court decision.

“As for ben Azzai’s statement, it should be understood as follows: The Festivals of the Lord require an expert, as the start of the month, which is dependent upon the appearance of the new moon, which in turn determines the Festivals, can be established only by a court composed of experts. But the portion on vows does not require an expert, i.e., vows can be dissolved even by a court of laymen. This explanation of the baraita given to Rav Asi bar Natan also serves to explain Beit Shammai’s source for the halakha that three laymen can dissolve vows.

“The Gemara raises a difficulty: But in the portion on vows the phrase “the heads of the tribes” (Numbers 30:2) is written. How, then, can it be said that vows can be dissolved by laymen? Rav Ḥisda said, and some say it was Rabbi Yoḥanan: From “the heads of the tribes,” the Sages derive that vows can be dissolved by a single expert by himself, but three laymen also have that ability.” (Sefaria.org translation)

To sanctify the new month witnesses of the new moon have to appear before a court of experts to determine whether or not they actually saw the new moon. Once the new moon is determined, the holidays follow in their natural course. In contrast three laypeople may dissolve a vow. Bet Shammai learns that one expert can dissolve a vow just like we did above in the interpretation of “the heads of the tribes”

The bottom line either one expert or three laypeople may dissolve a vow (מתיר נדרים).