Deaf-Mute Revoking - Nedarim Daf 73
- By Avrohom Adler
- Published 03/3/2008
- Nedarim
Rami
bar Cham inquires: Can a deaf man revoke the nedarim of his wife?
The
Ra”n explains that the Gemora is referring to a deaf person who can
talk, but cannot hear.
The
Rosh adds: We cannot be referring to a deaf-mute, for he can only make a
Rabbinical kiddushin through hinting or signing. He will not be able to
revoke her nedarim, which are Biblically valid! Furthermore, he would
have the halacha of a shoteh, and the halachos of revoking
will not be applicable for him.
Reb
Yaakov Emden explains the Rosh to mean as follows: The kiddushin of a
deaf-mute is only a Rabbinical one. He performs a kiddushin by
demonstrating that he wishes to marry her. It is, therefore, impossible for him
to revoke his wife’s nedarim, for that is a Biblical halacha,
which would only be applicable to a marriage on a Biblical level.
The
Acharonim challenge this explanation from a Gemora in Niddah
(46b), which states that one who married a minor, who has no father, and the kiddushin
is only a Rabbinical one, may nevertheless revoke her nedarim. This is
because every woman who makes a neder intends that it will be subject to
her husband’s will. This applies by a Rabbinical marriage as well, since she is
his wife.
Reb
Shmuel Rozovsky (and others) explain the Rosh to mean that since he
cannot talk, he is incapable of revoking his wife’s vows. For one needs to
speak in order ot revoke a vow; hinting and signing will not be sufficient.
The
Nidrei Zerizin is perplexed by this answer: Where does it say that one needs a
complete expression in order to revoke a vow? Furthermore, he can revoke it
through writing. For there are many opinions that maintain that writing is
considered like speaking in regards to making an oath; certainly it should
suffice for revoking a vow!
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