Talmud - Nedarim 89a נדרים פ״ט א׳

If she took a vow while she was under the jurisdiction of her husband, he can nullify the vow for her. How so? If she said when she was still married: I am hereby a nazirite for after thirty days, and her husband nullified the vow, then even if she was widowed or divorced within the thirty-day period, the vow is nullified. If she took a vow on that, i.e., one, day and was divorced on that same day, then even if her husband took her back as his wife on that same day, he cannot nullify her previous vows. This is the principle: Once she has left and gone into her own jurisdiction for even a single hour, then after they are remarried her husband can no longer nullify any vow she uttered during their first marriage.

GEMARA: It is taught in a baraita: With regard to a widow or a divorcée who said: I am hereby a nazirite for when I will get married, and she was married, Rabbi Yishmael says her husband can nullify her vow, whereas Rabbi Akiva says he cannot nullify it. And the mnemonic device for the opinions of Rabbi Yishmael and Rabbi Akiva with regard to this halakha and the following one is the Hebrew acronym yod, lamed, lamed, yod: Yafer, lo yafer; lo yafer, yafer, i.e., he can nullify, he cannot nullify; he cannot nullify, he can nullify. As for a married woman who said while she was married: I am hereby a nazirite for when I will get divorced, and she was divorced, Rabbi Yishmael says her husband cannot nullify her vow, whereas Rabbi Akiva says he can nullify it.

Rabbi Yishmael said: It says: “But every vow of a widow, and of her that is divorced…shall be upheld against her” (Numbers 30:10), which means that the practical application of the vow must be in the time of the woman’s widowhood or divorce. Only when the vow is to take effect when she is a widow or a divorcée shall it be upheld against her, since then it is impossible to nullify. Rabbi Akiva, by contrast, maintains: It says: “But every vow…with which she has bound her soul, shall be upheld against her,” which means that the binding of the vow, i.e., the taking of the vow creating the prohibition, must be at the time of the woman’s widowhood or divorce.

Rav Ḥisda said: The mishna that links the possibility of nullification to the time of the taking of the vow is the opinion of Rabbi Akiva. Abaye said: Even if you say that the mishna follows the opinion of Rabbi Yishmael, there is no difficulty, for the mishna is referring to a woman who made her vow dependent on days, i.e., she specified that the vow should take effect after a fixed period of time. By contrast, the baraita is referring to a woman who made her vow dependent on marriage.

In the case of the baraita, since the woman explicitly connected the application of her vow to her marital status, the possibility of nullifying the vow depends on the time that the vow takes effect. But in the case of the mishna, where the application of the vow is tied to a particular date, it is possible that the days will be completed and she was not divorced, or that the days will be completed and she was not married. Since there is no inherent connection between her marriage and the vow, Rabbi Yishmael agrees that the possibility of nullification depends on the time when the vow was pronounced.

§ The mishna in the previous chapter (71a) teaches that as long as a betrothed young woman has not gone out into her own jurisdiction for a single moment, her father and her husband can nullify her vows. The mishna in this chapter teaches the principle in the reverse: If she has gone out for even a single hour, her husband cannot nullify her vows. The Gemara addresses this repetition. The mishna of: This is the principle, which is taught in the chapter called: A betrothed young woman, serves to include a case where the father went with the messengers of the husband after handing over his daughter in marriage and a case where the messengers of the father went with the messengers of the husband. In the case of a betrothed young woman, since the father or his messengers were still with her, she has not yet left her father’s jurisdiction, and nevertheless the mishna teaches that her father and her husband can nullify her vows.

The mishna of: This is the principle, which is taught in this chapter, called: And these are the vows, serves to include a case where the father handed over his daughter to the messengers of the husband, or a case where the messengers of the father handed her over to the messengers of the husband. Although neither the father nor his messengers accompanied her, and therefore she has been fully handed over to her husband, nevertheless, the mishna teaches that the husband cannot nullify previous vows, i.e., vows that preceded their marriage.

MISHNA: There are nine young women whose vows are upheld and cannot be nullified: If she took a vow when she was a grown woman and she is an orphan; if she took a vow when she was a young woman, and has reached her majority, and she is an orphan;

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Nedarim 89a explores whether a husband can annul his wife's nazirite vow tied to future divorce or remarriage, citing Rabbi Yishmael and Rabbi Akiva's dispute.