Father Revoking by Himself - Nedarim Daf 67
- By Avrohom Adler
- Published 02/25/2008
- Nedarim
The Rambam holds that a father has the right to revoke
all types of his daughter’s nedarim. The husband, however, can only revoke
a neder of personal affliction, and only those that affect their marital
relationship. The Ra”n nd the Rosh disagree and hold that the father may only
revoke her nedarim that are of personal affliction, and only those
matters that are between him and her.
The Keren Orah poses the following question: The halacha
is that the father and the husban revoke the nedarim of a betrothed na’arah.
According to the Rambam, who maintains that the father can revoke all types of nedarim,
what is the halacha if his daughter is a betrothed na’arah and
she pronounces such a vow? Do we say that the father has a right to revoke this
neder by himself? Or, perhaps, the halacha is that the father may
only revoke nedarim in partnership with her husband, and since her
husband cannot revoke such a neder, the father cannot revoke it either?
Reb Shlomo Zalman Auerbach wonders further: This inquiry
can be posed according to the Ra”n and the Rosh as well. If the girl makes a neder
that is a “matter that is between her father and her,” but it does not affect
the husband. For example, she said that she will not assist her father. Do we
say that the father can revoke this neder by himself, or do we say that
he can only revoke nedarim together with her husband, and since her
husband cannot revoke this neder, the father cannot revoke it either?
The Meiri writes that the Rambam would concede that the
father does not have the ability to revoke the neder of his betrothed
daughter by himself. His rights to revoke his daughter’s neder are only
in partnership with her husband, and if the husband cannot revoke the neder,
since it is not a neder that affects him, the father cannot revoke it
either.
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