Talmud Bavli
Talmud Bavli

Mesorat%20hashas for Nedarim 144:10

ואפילו רבי יאשיה לא קאמר אלא משום דגזירת הכתוב הוא אישה יקימנו ואישה יפרנו אבל דכולי עלמא שלוחו של אדם כמותו והא לא שמיע ליה

Come and hear: If one says to his wife, 'All vows which thou mayest vow until I return from such and such a place are confirmed,' his statement is valueless;<span class="x" onmousemove="('comment',' So that he can subsequently annul them. ');"><sup>10</sup></span> [If he said] 'Behold, they are annulled,' R. Eliezer ruled: They are annulled. But he has not heard them!<span class="x" onmousemove="('comment',' Proving that this is unnecessary. ');"><sup>11</sup></span> — Here too [it means] that he said, 'When I hear them.' Why then state it now? Let him disallow her when he hears it? — He fears, I may then be busily occupied.<span class="x" onmousemove="('comment',' And overlook it; hence the annulment is made now. ');"><sup>12</sup></span> Come and hear: If one says to a guardian,<span class="x" onmousemove="('comment',' I.e., one appointed to be in charge of his household in his absence. ');"><sup>13</sup></span> 'Annul all the vows which my wife may make between now and my return from such and such a place', and he does so: I might think that they are void, therefore Scripture teaches, her husband may establish it, or her husband may make it void.<span class="x" onmousemove="('comment',' Num. XXX, 14. ');"><sup>14</sup></span> This is the view of R. Josiah. Said R. Jonathan to him: But we find in the whole Torah that a man's agent is as himself!<span class="x" onmousemove="('comment',' Hence the guardian's annulment is valid. ');"><sup>15</sup></span> Now, even R. Josiah ruled thus only because it is a Scriptural decree, 'her husband may establish it, or her husband may make it void': but both agree that a man's agent is as himself;<span class="x" onmousemove="('comment',' So that but for the decree, the annulment would be valid. ');"><sup>16</sup></span> but he [the husband] did not hear the vows!<span class="x" onmousemove="('comment',' And if it were necessary for him to hear them before making them void, his authorisation to the guardian would be invalid, since a man cannot invest an agent with authority which he himself lacks. ');"><sup>17</sup></span>

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