Sunday 9 August 2015

Nedarim 78: This is the Thing - Husbands vs. Halachic Authorities in Nullification and Dissolution of Vows

The Gemara teaches us that zeh hadavar, "this is the thing" (Numbers 30:2), refers to the fact that a halachic authority dissolves vows but a husband cannot dissolve vows.  Another baraita teaches that zeh hadavar means that a husband nullifies vows but a halachic authority cannot nullify vows.  How do the rabbis prove these connections?

A number of verbal analogies are used to justify these statements.  A gezera shava, verbal analogy, is a halachic principle referring to a sentence that is used in two different places in the Torah.  When this happens and one of the sentences is placed beside a sentence with a consequence, a rule, or something else directive, we then assume that the second situation warrants the same action.

A gezeira shave is used to suggest that the "heads of tribes" teaches us that a singular person is able to perform these functions with vows.   The Gemara discusses consecrated property that one wishes to 'normalize' again.  Through this discussion, we learn more about sacrifice versus pinching.  Sacrifice is not allowed anywhere outside of the Temple (though our notes teach us that sacrifice was sometimes done on individual altars in the time of the First Temple).  Pinching, however, is allowed anywhere.  The process of of pinching is described in detail.  A lovely process.

Does a halachic authority mean a group of three scholars?  or three laypeople who know halacha on vows and extenuations that allow dissolution of vows?  or just one knowledgeable person?  The rabbis consider these questions.  As well, they speak of a man who remains silent after hearing his wife's vow - not because he is ratifying the vow but because he is purposefully annoying her with the intention of nullifying her vow later.

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