MISHNAH: If the father died, his power is not voided in favor of the husband. If the husband died, his power is voided in favor of the father1. In this, He strengthened the father’s power over the husband. In another matter, He strengthened the husband’s power over the father since the husband dissolves in adulthood but the father does not dissolve in adulthood2.
1. While the husband cannot dissolve after the father’s death (Mishnah 2), the father can dissolve alone after the husband’s death (as long as the marriage is in the preliminary stage) since after the husband’s death the underage daughter returns to the father’s tutelage.
2. An underage girl can be married off by her father. A woman becomes an adult in two steps. At age 12 (if she had developed two pubic hairs) she becomes an adult before the law but the father retains the right to marry her off and the right to her earnings for an additional 6 months, when she is called נַעֲרָה “adolescent girl”. After these 6 months she becomes an adult, בּוֹגֶרֶת “ripe”, is totally independent from her father, and has to marry on her own. The vow of a minor below age 11 is void. If she made a vow after age 11 (for a male after age 12), one has to investigate whether she understands the meaning and implications of a vow. If the investigation has a positive result, her vows are valid and, as far as vows are concerned, she has acquired the status of adolescent, even though in other legal aspects she remains a minor.
The chapter on vows states clearly that the father can dissolve his dependent daughter’s vows (Num. 30:4–6). Similarly, the husband can dissolve the vows of his wife if she lives “in his house” (vv. 11–15). A preliminarily married girl (cf. Peah 6:2 Note 46; Demay 4:1, Note 19; Terumot 8:1, Note 9) remains under her father’s jurisdiction until she is taken to her husband’s house in the final ceremony. It is asserted that during her status as preliminarily married wife, the father can dissolve her vows since she is “in his house” and the husband is given special authority over her vows in vv. 7–9 which, therefore, are not duplicated in vv. 11–15.
The power of dissolution in any case is restricted to the day after the father or husband first was informed of the vow (vv. 6,9,13,15). But if one of them agreed to the vow within the allotted period, he can no longer object after that.
The chapter on vows states clearly that the father can dissolve his dependent daughter’s vows (Num. 30:4–6). Similarly, the husband can dissolve the vows of his wife if she lives “in his house” (vv. 11–15). A preliminarily married girl (cf. Peah 6:2 Note 46; Demay 4:1, Note 19; Terumot 8:1, Note 9) remains under her father’s jurisdiction until she is taken to her husband’s house in the final ceremony. It is asserted that during her status as preliminarily married wife, the father can dissolve her vows since she is “in his house” and the husband is given special authority over her vows in vv. 7–9 which, therefore, are not duplicated in vv. 11–15.
The power of dissolution in any case is restricted to the day after the father or husband first was informed of the vow (vv. 6,9,13,15). But if one of them agreed to the vow within the allotted period, he can no longer object after that.