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Nedarim Chapter 11, Mishnah 10: Nine Cases of a Na'arah Whose Nedarim Stand

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Nedarim, Chapter 11, Mishnah 10. Before us is an interesting mishnah dealing with a naarah - a girl in the stage between the time she showed the signs of maturity at the age of twelve and the six months that follow, until she becomes a bogeret. During the period of naarus, as we have learned, she is still under her father's authority, and the father can annul her vows; once she becomes a bogeret, he no longer has the power to annul her vows. We also learned that if she became betrothed, the father and the betrothed husband annul her vows together.

Our mishnah lists nine cases of a naarah whose vows stand and whose father cannot annul them. The nine cases divide into three categories, three cases in each:

  1. An orphan in her father's lifetime: once she has married, she has left her father's authority and does not return to it, even if she was divorced. Such a woman is called an "orphan in her father's lifetime" - even though she is still a naarah, she does not return to her father's authority.

  2. An actual orphan: her father has in fact died, and there is no father to annul her vows.

  3. A bogeret: she has passed the stage of naarus. She may have been a naarah at the time of the vow, but now she is a bogeret.

The Gemara explains that this mishnah is entirely straightforward, and the Yerushalmi states explicitly that it was taught only in order to sharpen the students and assist their analytical ability, and not to teach us any new law.

The mishnah opens and says: "Teisha ne'aros nidreihen kayamin" - nine cases of a naarah whose vow remains in force.

The first category - an orphan in her father's lifetime:

  1. "Bogeres v'hi yesomah" - she vowed while she was a bogeret, and she is also an orphan in her father's lifetime, since she has already married and is not under her father's authority. Here there are two reasons for the vow to stand: that she is a bogeret, and that she is an orphan in her father's lifetime.

  2. "Naarah u'vagrah v'hi yesomah" - she was a naarah at the time of the vow and afterward became a bogeret, and she is also an orphan in her father's lifetime, since she has already been through marriage; and by the time she seeks release from the vow she has already become a bogeret. Here too there are two reasons in the same case.

  3. "Naarah shelo vagrah v'hi yesomah" - she is still a naarah and has not become a bogeret, but she is an orphan in her father's lifetime, since she has been married.

All three of these cases fall under the category of an orphan in her father's lifetime: since she has been married, she is no longer under her father's authority.

The second category - an actual orphan:

  1. "Bogeres u'mes aviha" - she vowed after her father's death, and she was already a bogeret at the time of the vow.

  2. "Naarah u'vagrah u'mes aviha" - she vowed after her father's death while she was still a naarah, and now she is a bogeret.

  3. "Naarah shelo vagrah u'mes aviha" - she vowed after her father's death while she was still a naarah, and she has not yet become a bogeret.

These are the three cases of an actual orphan, whose father has in fact died.

The third category - a bogeret:

  1. "Naarah shemes aviha u'mishemes aviha bagrah" - she vowed while she was still a naarah, then her father died and she became a bogeret. Here too there are two reasons for the vow to stand: the father's death and her having become a bogeret.

  2. "Bogeres v'aviha kayam" - she vowed while she was a bogeret and her father is still alive, and the very fact that she is a bogeret keeps her vow in force.

  3. "Naarah u'vagrah v'aviha kayam" - she vowed while she was still a naarah, and her father is still alive, but now she is a bogeret, and he can no longer annul her vow.

Rabbi Yehudah says:

Rabbi Yehudah adds: "Af hamasi es bito ketanah, v'nisalmenah o nisgarshah v'chazrah etzlo - adayin hi naarah". That is, one who marries off his minor daughter, who is not yet even a naarah, and she was married - and not merely kiddushin and betrothal, but full marriage - and afterward she was widowed or divorced and returned to her father's house, then even though she is still a naarah, the very fact of the marriage causes her vows to stand. In practice she may return to her father's house, but he has no control over her with regard to her vows, since once she has been married she left her father's authority as far as vows are concerned.

In summary: in this mishnah we counted nine cases of a naarah whose vows stand and whose father cannot annul them, divided into three categories: an orphan in her father's lifetime who married and left his authority, an actual orphan whose father died, and a bogeret who has passed the stage of naarus. We noted that in some of the cases there are two reasons that combine together to keep the vow in force, and we saw the words of the Yerushalmi that this mishnah was taught only in order to sharpen the students. Finally we learned the words of Rabbi Yehudah, that even a minor whom her father married off, who was widowed or divorced and returned to him, her vows stand, because the marriage removed her from her father's authority with regard to vows.