1)

What are the implications of the word "Ish ki Yidor Neder .... "?

1.

Rashi (in the first edition) and Targum Yonasan: It implies that the Nedarim of a Katan, do not take effect 1 (unless he is twelve years old and knows in whose Name he is declaring the Nedarim - Sifri). 2


1

Refer also to 30:4:2:1*.

2

Sifri: Which we learn via a Gezeirah Shavah "Neder" "Neder" from Nezirus, in Naso, 6:2.

2)

Why does the Torah insert the (otherwise superfluous) word "Ki Yidor Neder)"?

1.

Nedarim, 13a: It teaches us that a Neder takes effect through Hatfasah (declaring an object forbidden) via a Davar ha'Nadur (something that can become forbidden via a Neder), but not via a Davar ha'Asur (something that is already forbidden, 1 including a B'chor.

2.

Yerushalmi Nedarim, 1:5: To teach us that Kinuyei Nedarim - Leshonos of Nedarim which are declared by people who cannot articulate the words correctly 2 - take effect like Nedarim.


1

Nedarim, 14a: Such as someone who says 'Harei Zeh alai ke'Basar Chazir, ka'Avodas-Kochavim, ki'Neveilos, T'reifos, ki'Shekatzim u'Remasim ... '. Ran on the Rif (Shevu'os 8a): Every Neder is Hekdesh, or Hatfasah on a Davar ha'Nadur. If one says Stam 'This is forbidden to me', it is as if he continued 'like a Korban'. Ran (Nedarim, 14a) - a Neder can directly forbid an object, but if it is through Hatfasah, it must be on a Davar ha'Nadur. See Torah Temimah, note 16.

2

Such as 'Kone'ach' or 'Koneis' instead of 'Konem'. See Torah Temimah, note 13.

3)

Why does the Torah add the (otherwise superfluous) word "ki Yidor Neder la'Hashem"?

1.

Ramban: To teach us that a Neder takes effect even to negate a Mitzvah 1 - for example where he declares 'Konem Sukah she'Ani Oseh' 2 ... 'Lulav she'Ani Notel' ... 'Tefilin she'Ano Mani'ach'. 3

2.

Nedarim, 13a: To include a Neder that one is Matfis on a Chatas or an Asham, which the owner designates, even though bringing them is obligatory.

3.

Yerushalmi Nedarim, 2:1: To confine Nedarim to where one is Matfis on a Davar ha'Nadur - to prteclude a Davar ha'Asur. 4


1

See Ramban who elaborates.

2

He actually needs to say "Konem Yehsivas Sukah alai'. Refer to 30:3:7:3 and see Torah Temimah, note 17.

3

Refer to 30:3:3:1*.

4

Refer to 30:2:1:1.

4)

Why does the Torah insert the (otherwise superfluous) word "O Hishava Shevu'ah"?

1.

Yerushalmi Nedarim, 1:1: To teach us that Kinuyei Shevuos 1 take effect like Shevu'os. 2


1

Refer to 30:3:2:2.

2

Such as 'Shevusah', 'Shekukah' instead of 'Shevu'ah'.

5)

What is the difference between a Neder and a Shevu'ah?

1.

Nedarim 2b: A Neder entails forbidding an object on oneself, a Shevu'ah, forbidding oneself on the object. 1


1

Ramban: Consequently, whereas Nedarim apply even to an (object of) Mitzvah, Shevu'os do not. On the other hand, a Shevu'ah will take effect even on something that is not tangible (sleeping or eating), whereas a Neder will not.

6)

What is the literal meaning of "Le'esor Isar"?

1.

Ramban, Targum Onkelos and Targum Yonasan: It means to render forbidden something that is permitted.

2.

Yerushalmi Nedarim, 9:5: It means to bind oneself. 1

3.

Sifri: "Isar" is a Lashon Shevu'ah - as implied in Pasuk 11. 2


1

Yerushalmi (Ibid.): As in Yirmiyah, 40:2.

2

See Torah Temimah, note 42.

7)

What are the implications of "Le'esor Isar al Nafsho"?

1.

Rashi, Ramban and Targum Yonasan: It implies that a Shevu'ah 1 that forbids what is permitted takes effect, but not one that permits what is forbidden - such as Neveilos, T'reifos, Shekatzim and Remasim.

2.

Nedarim, 12a: "Le'esor Isar" implies that the Shevu'ah takes effect if one attatches the Shevu'ah to an Isur, and "al Nafsho", even where he says 'Hareini she'Lo Ochal Basar ve'she'Lo Eshteh Yayin ke'Yom she'Meis bo Avi' or 'ke'Yom she'Meis bo Rebbi' or ke'Yom she'Ra'isi es Yerushalayim be'Churbanah', 2 or where he says ke'Yom she'Neherag bo Gedalysh ben Achikam'. 3

3.

Yerushalmi Nedarim, 1:5: It implies that his words take effect evern if he declared a Neder with a Lashon Shevu'ah or a Shevu'ah with a Lashon Neder - whether he declared 'Harei Hu alai' (Neder) or Harei Ani alav' (Shevu'ah). 4


1

Rashi actually says this with regard to a Neder, but the Ramban maintins that Chazal confined it to a Shevu'ah. See Ramban who elaborates. See also Torah Temimah, note 23.

2

Torah Temimah: Even though they are not communal Isurim, such as 'ke'Yom ha'Kipurim' or 'ke'Chametz ba'Pesach'.

3

Torah Temimah: Even though eating is forbidden anyway.

4

Refer to 30:3:3:1.

8)

Why does the Torah add the words "Le'sor Isar al Nafsho"?

1.

Nazir, 62b: It implies that the Noder has jurisdiction over himself - to preclude an Eved Cana'ani, who is subservient to his master, and whose Nedarim his master therefore has the right to negate any Nedarim that interfere with his work. 1

2.

Sifri: It implies that a Neder takes effect even be'Machshavah, where the Noder did not verbalize his Neder or his Shevu'ah. 2

3.

Oznayim la'Torah #1 (citing the Tanchuma): To teach us the depth (the severity) of a Shevu'ah - the transgression of which is akin to denying Hakadosh-Baruch-Hu and is therefore not subject to forgiveness, ever.

4.

Oznayim la'Torah #2: To teach us that, as opposed to Neder, which places an Isur on the object (Isur Cheftza), a Shevu'ah places the Isur on the person (Isur Gavra). 3


1

See Torah Temimah, note 25.

2

See Torah Temimah, note 39, who reconciles this with the Pasuk in Vayikra, 5:4 "le'Chol asher Yevatei ha'Adam bi'Shevu'ah".

3

Refer to 30:3:3:1.

9)

What are the connotations of "Lo Yachel Devaro"?

1.

Rashi and Targum Yonasan: It means that one may not render one's words profane (by violating his Neder - Gur Aryeh).

2.

Ramban (in Pasuk 2, citing Chagigah, 10a) and Targum Yonasan: It hints 1 that the Noder may not annul his Nedarim, 2 but that a Chacham may 3 (This is the only source - by way of hint - of Hataras Nedarim in the Torah).

3.

Rashbam: With reference to a Neder 4 of a Korban, it means that one may not delay 5 the fulfillment of one's Neder until after the Yamim-Tovim. 6

4.

Targum Onkelos: It means that one may not negate one's words.

5.

Nedarim, 16b: "Devaro" implies that one may not violate a Neder that effects one's personal issues, but not one that effects Cheftzei Shamayim - because a Shevu'ah 7 cannot negate a Mitzvah. 8

6.

Nedarim, 80a: It implies that a Chacham is not permitted to annul a Neder before it has taken effect 9 (even though it has already been declared).

7.

Nazir, 38: "Lo Yachel Devaro" incorporates a Nazir who violates his Nezirus. 10

8.

Shevu'os, 20b: It incorporates Konamos. 11

9.

Shevu'os, 21a: "Lo Yachel Devaro" applies to the future 'Ochal', 've'Lo Achal', 12 whereas 'Achalti' (past), ve'Lo Achal, transgresses 've'Lo Sishav'u bi'Shemi la'Shaker'. 13

10.

Tosefta, Nedarim, 4:4: "Lo Yachel ... " incorporates declaring a Neder that one is permitted to negate 14 with the intention of negating it. 11: Nedarim, 14b: The following are subject to "Lo Yachel Devaro": a. Someone who declares 'Konem she'Ani Yashen', she'Ani Medaber or she'Ani Mehalech'; 15 b. Someone who says to his wife 'Konem she'Eini Meshamshech' ('Hana'as Tashmishech alai'). 16


1

Ramban: The basic concession of Hataras Nedarim is Halachah le'Moshe mi'Sinai. See Ramban.

2

Nedarim, 81b: Even a Chacham, who must go to Beis-Din or to another Chacham to have his Nedarim annuled.

3

See Torah Temimah, note 26 who elaborates.

4

Whereas "ke'Chol ha'Yotzei mi'Piv Ya'aseh" pertains to Shevu'ah. See Rashbam.

5

Rashbam: As in Bereishis 8:10 and in Shoftim, 3:25 (and in Iyov 32:11 - Hadar Zekenim).

6

Refer to 30:2:1:2. Tana'im in Rosh Hashanah, 4b argue about when he transgresses

10)

What are the ramifications of "ke'Chol ha'Yotzei mi'Piv Ya'aseh"?

1.

Rashbam: With reference to "O Hishava Shevu'ah", it means that he is obligated to adhere to the details and the time-period that he stipulated when he declared the Shevu'ah. 1


1

See Rashbam.

11)

What is "ke'Chol ha'Yotzei mi'Piv Ya'aseh" coming to teach us?

1.

Nedarim, 3b: It teaches us that Yados Nedarim - where the Noder omits a key word that he obviously had in mind 1 - are like Nedarim.

2.

Yerushalmi Nedarim, 1:5: the word "ke'Chol" implies that if part of a Neder is annnuled, the whole Neder is annuled. 2

3.

Yerushalmi Nedarim, 2:2: "mi'Piv", 've'Lo mi'Pi Shamayim'. This teaches us that one cannot make a Shevu'ah to negate a Mitzvah. 3


1

For example where he said 'Kikar Zeh alai ... ' or ' ... she'Eini Ochal l'cha'' - omitting the word 'Konem' at the end or at the beginning, respectively. See Torh Temimah, note 36 who elaborates further.

2

See Torah Temimah, note 37.

3

Refer to 30:3:2.1:1 and note 17.

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