Nedarim on Shabbos
The Gemorah on 46b brings the halacha that a husband can annul the vow of his wife if it has to do with Shabbos. I have been thinking over the case and the following bothers me: When did this women make the vow? According to Tosfos (one answer) the case is a classic Migu Deiskatzay. If that is the case, then she must have made the vow before Shabbos. However, we know the halacha that the husband has only until Tzais to annul the vow ( Gemorah Nedarim) if he doesnt, its too late. If so, how can we be having this discussion about annuling a vow on Shabbos? if you want to say that she made it Friday but he did not hear it until Shabbos, we have a problem with Rashi because Rashi says the vow was " I will not eat today". I need some help here.
posted by Anonymous @ 11:53 AM
1 Comments:
First of all, I don't think that the migu deiskatzay is only according to one lashon of Tosafos. Otherwise, this definitely won't be muktze. If she only made the neder on Shabbos then there is no way that this fruit would remain muktze once the husband is mefeir the neder. Therefore, the case has to be that she made the neder before Tzeis and the husband heard about it when it was Shabbos.
Your question on Rashi is good. I can think of two possible explanations:
1. She made the neder during bein hashmashos. So when she says today, it would automatically include Shabbos also. The husband could be mefeir the neder all day even if he heard during bein hashemashos mimah nifshach. Either the neder doesn't apply today or it does which means that he can still be mefeir it.
2. She really made the neder on Friday or earlier and the husband only heard about it on Shabbos. When Rashi says "hayom" he doesn't mean that was the word she used. We're talking about the husband being mefeir the neder on Shabbos and Rashi is saying that the case is that she was noderes not to eat hayom - the day we're talking about (not the day she made the neder).
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