The Elliot B. Sit Edition presents an audio series of the Talmud Bavli. Today, we delve into Gemara Nedarim Daf Ayin Daled. This Daf is being studied for the elevation of the soul of Mordechai Zakeny li-bi Yosef ben Sarah and for the elevation of the soul of Avraham ben Esther. May the spirit of the Almighty rest upon them in the Garden of Eden. Amen. We also pray for a complete recovery for Shlomo ben Miriam, Sarah Ruhama bat Rahel, and Sarah bat Rahel. May it be Your will, O Lord, to heal them swiftly, both spiritually and physically. Amen.
We begin today's study on Daf Ayin Daled at the Mishnah discussing the case of the Shomeret Yavama. A Shomeret Yavama is a woman awaiting the fulfillment of the Mitzvah of Yibum. This can occur either with one Yavam or with two brothers. The Mishnah will explore the status of who has the authority to annul her nedarim. Previously, we discussed the roles of the father, the arus, and the husband. Now, we will examine the Yavam's status in the context of hafarat nedarim.
In this Mishnah, we encounter a three-way machloket. The first opinion is that of Rabbi Eliezer, who states that whether there is one Yavam or two, either one has the option to annul her nedarim. Rabbi Yehoshua contends that only one can annul, but not two, while Rabbi Akiva asserts that neither one nor two can annul her nedarim.
Rabbi Eliezer substantiates his position by reasoning that if a man who acquires a woman for himself can annul her vows, then surely a man who has been given a woman from Heaven should also have the right to annul her nedarim. In contrast, Rabbi Akiva argues that the situation is different. When a man acquires a woman for himself, he has exclusive rights over her, whereas in the case of Yibum, if another brother is present, he too has rights.
Rabbi Yehoshua challenges Rabbi Akiva by asking how he can apply his logic to a single Yavam. Rabbi Yehoshua maintains that a Yavama is not fully bound to the Yavam in the same way that an arusah is to her arus. The Yavama remains incomplete to the Yavam until the Yibum is consummated.
Moving forward, we will analyze the reasoning behind each of these opinions—what drives Rabbi Eliezer, Rabbi Yehoshua, and Rabbi Akiva to their conclusions. Rabbi Eliezer asserts that a Yavam, whether one or two, can annul nedarim. Rabbi Yehoshua states that one can annul, but not two, while Rabbi Akiva maintains that neither one nor two can annul.
The Gemara begins to clarify these opinions. It suggests that Rabbi Akiva believes there is no binding connection, or zika, between a Yavam and a Yavama until they actually consummate the marriage. Thus, a Yavam does not have the authority to annul nedarim because there is no established bond.
On the other hand, Rabbi Yehoshua argues that there is indeed zika in the case of one Yavam, allowing him to annul the nedarim. He posits that this connection is even stronger than that of erusin, which requires both the father’s and the arus’s consent. If there is a zika, the Yavam can annul the nedarim independently.
However, when two Yevamim are involved, Rabbi Yehoshua contends that the concept of bereira complicates matters. Since we cannot determine which Yavam will ultimately marry the Yavama, neither can annul her nedarim. The Gemara elucidates that without clarity at the time of the annulment, the hafara is ineffective.
Next, the Gemara seeks to understand Rabbi Eliezer's reasoning. It suggests that he holds a view similar to that of Beit Shammai, who assert that the ma’amar creates a complete acquisition. Thus, if a Yavam performs a ma’amar, he has the right to annul the nedarim as if he were married.
In contrast, Rabbi Akiva maintains that even if a ma’amar is performed, the Yavam does not have the authority to annul nedarim, as the Yavama is not considered fully bound to him. The Gemara provides clarity and context to these opinions, emphasizing the nuances of the Yibum relationship.
Ultimately, the Gemara concludes that the halachic ruling aligns with Rabbi Akiva, who asserts that a Yavam cannot annul nedarim, whether there is one or two Yevamim. This is due to the lack of a binding connection that would grant such authority.
In summary, the discussions surrounding hafarat nedarim within the context of Yibum reveal profound insights into the dynamics of these relationships. The distinctions made by Rabbi Eliezer, Rabbi Yehoshua, and Rabbi Akiva highlight the complexities of halachic rulings and their implications on personal status and rights.