Thursday, January 12, 2023

What doesthe silent treatment mean? TB Nedarim 79

With today’s daf TB Nedarim 79 we finish the 10th chapter and began the 11th chapter, the last one of our massekhet. I am going to focus on the discussion that concludes the 10th chapter. When a wife makes a vow, the husband has the ability to respond in two ways. The first way he sustains the vow in the second way is to dissolve it (hafarat nedarim -הפרת נדרים). The husband has one day as explained earlier either sustain or dissolve the vow. If the husband has not sustained nor dissolved the vow after the time limit has passed, the vow is automatically sustained. Once the vow has been sustained, the husband can no longer dissolve this vow. The only recourse the husband has is to go to a Sage and have the Sage annul (matir nedarim-מתיר נדרים) his acquiescence to his wife’s vow (Once the Sage has annulled the vow, the husband can dissolve it (hafarat nedarim -הפרת נדרים).

The husband’s silence during that time limit can be interpreted in three ways.

1.     His silence is acquiescence. The Ron explains that once the time limit has passed, the husband’s intention is revealed since the vow stands.

2.     His silence could mean that he is thinking what he wishes to do before the time limit expires. He could sustain it or he could dissolve it.

3.     His silence could mean that he has no opinion on this matter yet.

On daf TB Nedarim 78b Rabbi Ḥanina proposes a fourth way of interpreting the meaning of the husband’s silence. “Rabbi Ḥanina says: A husband who is silent and does not formally nullify his wife’s vow in order to annoy [lemeikat] her, but intends to nullify it later, can nullify it even from now until ten days later.” (Sefaria.org translation) This couple has greater problems than just a simple vow.

The Gemara piles on refutation upon reputation against Rabbi Ḥanina’s position. I’ll just share the very last one. “Rava raised a further objection to the opinion of Rabbi Ḥanina, from a mishna (76b): If she took a vow on Friday with nightfall approaching, her father or husband can nullify the vow only until nightfall, since, if it became dark and he had not yet nullified her vow, he cannot nullify it anymore. Why should this be so? Let the fact that the husband refrained from nullifying the vow out of respect for Shabbat be regarded like one who is silent in order to annoy his wife, who, according to Rav Huna, can still nullify the vow later. The fact that this is not the case is a conclusive refutation of the opinion of Rabbi Ḥanina.” (Sefaria.org translation) Once the day has passed, the vow is sustained period. There is no 10 day extension.


No comments:

Post a Comment