POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) THOSE WHO REST ON "SHABBOS"
(a) (Mishnah): If one is Mudar Hana'ah from those who cease
on Shabbos or from those who eat garlic, he may not
benefit from Yisraelim nor from Kusim;
(b) If he vowed from those who ascend to Yerushalayim on the
festivals, he may benefit from Kusim, but not from
(c) (Gemara) Question: What does it mean, those who cease on
1. Suggestion: It means those who do not work on
(d) Answer #1: Rather, it means those who are commanded to
2. Rejection: If so, why does it say only that he may
not benefit from Kusim? He may not benefit even from
Nochrim who do not work on Shabbos!
(e) Objection (Seifa): If he vowed 'from those who ascend to
Yerushalayim', he may benefit from Kusim.'
1. Kusim are also commanded about this!
(f) Answer #2 (Abaye): The Mishnah discusses those who are
commanded and observe.
1. Regarding Shabbos and eating garlic, Yisraelim and
Kusim are commanded and observe. (Ezra decreed to
eat garlic on Shabbos night.) A Nochri who observes
is not commanded;
2. Regarding ascending to Yerushalayim, Yisraelim and
Kusim are commanded. Yisraelim observe the Mitzvah,
but Kusim do not.
2) WHO IS CONSIDERED A "YISRAEL"?
(a) (Mishnah): If one is Mudar Hana'ah from Bnei Noach, he
may benefit from Yisraelim, but not from Nochrim.
(b) (Gemara) Question: Yisraelim are also Bnei Noach!
(c) Answer: Since Avraham was made Kodesh, Yisraelim are
called by his name, not by Noach's.
(d) (Mishnah): If one is Mudar Hana'ah from the seed of
Avraham, he may benefit from Nochrim, but not from
(e) (Gemara) Question: Why are all Nochrim permitted? He
should be forbidden to benefit from the seed of Yishmael!
(f) Answer: Hash-m told Avraham "Your seed will be called in
(g) Question: Why is he permitted to the seed of Esav?
(h) Answer: "In Yitzchak", not all of Yitzchak.
3) ONE WHO IS "MUDAR" "HANA'AH" FROM "YISRAELIM"
(a) (Mishnah): If one is Mudar Hana'ah from Yisraelim, when
he buys from a Yisrael, he must pay more than the
standard price. When he sells to a Yisrael, he must sell
for less than the standard price;
(b) If one vowed that Yisraelim will not benefit from
himself, when he buys from (or sells to) a Yisrael, he
must pay less (receive more) than the standard price;
1. People will not buy from or sell to him.
(c) If one vowed not to benefit from nor give benefit to
Yisrael, he can do commerce only with Nochrim.
(d) (Gemara - Shmuel): If one took a Kli from a craftsman to
inspect it (to see if he wants to buy it), and it was
lost or ruined b'Ones (through circumstances beyond his
control), he must pay for it.
1. This shows that he holds that a buyer benefits from
a sale (and therefore he is considered a borrower).
(e) Question (Mishnah): If one is Mudar Hana'ah from
Yisraelim, when he sells to a Yisrael, he must sell for
1. Inference: He may not sell for the exact value.
(f) Answer: The Mishnah discusses an item that is hard to
sell. The seller is happy to sell it.
2. If the buyer benefits from a sale, this should be
(g) Question #1: If so, the one who vowed should be allowed
to buy for the exact value! (The Mishnah says that he
must pay more!)
(h) Question #2 (Seifa): If he vowed that Yisraelim will not
benefit from him, he must sell for a higher price.
1. If the item is hard to sell, he should be allowed to
sell for the exact value!
(i) Answer #1 (to question #2): The Seifa discusses an item
in great demand.
(j) Objection: If so, why must he buy for less than the
value? He should be allowed to buy for the exact value!
(k) Answer (to Question 1 and Answer #2 to Question 2): The
Mishnah discusses a standard item. Shmuel discussed an
item in great demand.
(l) Support (for Shmuel - Beraisa): A man took Kelim from a
merchant to send to his father-in-law's house. He
stipulated: if they want them, I will pay their full
value. If not, I will pay you what it was worth to me to
show them that I wanted to give them such gifts;
1. If the Kelim were lost or damaged b'Ones on the way
to his father-in-law, the buyer must pay. If they
were lost on the way back, he is exempt, since he is
like a paid watchman.
(m) A retailer took wine to sell; he did not sell it. An Ones
occurred on the way to return it. Rav Nachman ruled that
he must pay.
(n) Question (Rava - Beraisa): On the way, the buyer is
liable. On the way back, he is exempt.
(o) Answer (Rav Nachman): For a retailer, on the way back is
like on the way, since the retailer is always looking to
sell it, even at the door of his supplier!
4) THE GREATNESS OF CIRCUMCISION
(a) (Mishnah): If a man vowed not to benefit Areilim
(uncircumcised people), he may benefit an Arel Yisrael
but not a Mahul (circumcised) Nochri;
(b) If he said 'I will not benefit Mahulim', he may not
benefit an Arel Yisrael, but he may benefit a circumcised
1. Only Nochrim are called Areilim. It says "all the
nations are Areilim. All of Yisrael have Arel
hearts", and "this Arel Pelishti", and "Benos
Pelishtim... Benos ha'Areilim".
(c) R. Eliezer ben Azaryah says, the foreskin is repulsive.
The wicked are debased through it - "All the nations are
(d) R. Yishmael says, circumcision is great. Thirteen
covenants were made over it.
(e) R. Yosi says, circumcision is great. It overrides the
severe Isur of Shabbos.
(f) R. Yehoshua ben Korchah says, circumcision is great.
Moshe was about to be killed for a short delay in
(g) R. Nechemyah says, circumcision is great. It overrides
the Isur of cutting off Tzara'as.
(h) Rebbi says, circumcision is great. In spite of all his
Mitzvos, Avraham was not called complete until he
circumcised himself - "Walk in front of Me and be
1. Also - circumcision is great, for Hash-m made the
world just for it - "If not for Berisi (My covenant)
day and night, I would not have made Shamayim and
(i) (Gemara - Beraisa - R. Yehoshua ben Korchah):
Circumcision is great. All of Moshe's merits did not
protect him when he slackened from circumcising (his son)
- "Hash-m sought to kill him";
(j) (Rebbi): Do not say that Moshe slackened! Rather, he was
1. If I circumcise my son, then take him with me to
Mitzrayim, this will endanger him, like we find
regarding Shechem - "on the third day, when they
were in pain..."
(k) Question: If so, why was he punished?
2. Suggestion: Perhaps I should circumcise him
immediately, and wait three days.
3. Rejection: Hash-m told me to return to Mitzrayim
Index to Outlines for Maseches Nedarim