Commentary for Nedarim 53:9

ולרבא מאי שנא מהא דתנן הרי זה גיטיך מעכשיו אם לא באתי מכאן עד י"ב חדש ומת בתוך י"ב חדש הרי זה גט אמאי והא מינס איתניס אמרי דלמא שאני התם

at <i>Beth din</i>, and declared: 'If I do not appear within thirty days, these rights shall be void.' Subsequently he was unavoidably prevented from appearing. Thereupon R. Huna ruled: His rights are void. But Rabbah said to him, He was unavoidably prevented, and the Divine Law exempts such, for it is written, But unto the damsel shalt thou do nothing.<span class="x" onmousemove="('comment',' Deut. XXII, 26. This refers to a betrothed maiden who was violated against her will; but if she was a consenting party, she was punished with death. ');">⁶</span> And should you answer, the death penalty is different,<span class="x" onmousemove="('comment',' Because of its gravity. ');">⁷</span> but we learnt: VOWS [BROKEN] UNDER PRESSURE; IF ONE SUBJECTED HIS NEIGHBOUR TO A VOW TO DINE WITH HIM, AND THEN HE OR HIS SON FELL SICK, OR A RIVER PREVENTED HIM [FROM COMING TO HIM] — SUCH IS A VOW [BROKEN] UNDER PRESSURE!<span class="x" onmousemove="('comment',' Proving that such exemption holds good in all cases. ');">⁸</span> Now, according to Rabbah, wherein does this differ from what We learnt: [If one said to his wife,] 'Behold! this is thy divorce, [to be effective] from now, if I do not come back within twelve months', and he died within the twelve months, the divorce is valid?<span class="x" onmousemove="('comment',' And if she is childless she is free from Levirate marriage or the ceremony of loosening the 'shoe (v. Deut XXV, 5. seq.), because she is not the deceased's widow. ');">⁹</span> Yet why so? was he not forcibly prevented! — I will tell you. There it may be different,

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