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NEDARIM 9

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SUMMARY

If someone vows k'Nidrei Resha'im it is a valid Neder (1)
 
If someone vows k'Nidrei Kesheirim it is not a Neder. (2)
 
If someone vows k'Nidvei Kesheirim it is a valid Neder. (3)
 
If someone vows k'Nidrei Resha'im "Hareini," if a Nazir is passing by at the time of the Neder it is a valid Nezirus. (4)
 
If someone vows k'Nidrei Resha'im "Heimenu that I will not eat" it is a valid Shevu'ah.
 
Rebbi Meir holds that it is better not to make a vow than to make a vow even if he plans on keeping the vow. (5)
 
Rebbi Yehudah holds that it is better to make a vow and keep it than not to vow at all.
 
Hillel was not Makdish his Korban until he brought it into the Azarah so that no one will be Mo'el in his Korban.
 
Shimon ha'Tzadik never ate the meat of the Korban of an Asham Tamei except for one exception. (6)

A BIT MORE

1. It is a Yad for a Neder because he did not use the word Korban.
 
2. Kesheirim do not make Nedarim because a Kosher person avoids making Nedarim. Even if he says explicitly k'Nidrei Kesheirim this loaf of bread should be forbidden like a Konam it is not a Neder.
 
3. Although Kesheirim do not make Nedarim they do make Nedavos for Nezirus and for Korbanos, however Kesheirim never make Shevu'os.
 
4. If a Nazir is not passing by it is not a valid Nezirus because maybe he means to make a Neder that he will fast that day.
 
5. Because of the concern that he may not end up keeping the vow.
 
6. The Asham is brought as a result of a Nazir who sinned by becoming Tamei and he was afraid that once the Nazir became Tamei he would regret his Nezirus and the Korban would be regarding as Chulin that is brought in the Azarah.

BRIEF INSIGHT

NIDVEI KESHEIRIM
 
If someone vows k'Nidvei Kesheirim it is a valid Neder because Kesheirim make Nedavos both as Nezirim and for Korbanos. With regards to Korbanos there is a difference between a Neder and a Nedavah because a Neder is when you take it upon yourself to bring a Korban without specifying a specific animal and a Nedavah is when you are Makdish a specific animal. The Ran asks with regards to Nezirus what is the difference between a Neder and a Nedavah. The Ran answers that when a person becomes a Nazir with the right intent and the right reason it is called a Nedavah, otherwise it is called a Neder.

QUICK HALACHAH

AVOIDING NEDARIM
 
A person should not get into the habit of making Nedarim. Anyone who makes a Neder even if he keeps it he is called a Rasha and a sinner. (Shulchan Aruch YD 203:1)
 
If he is capable of getting his Neder released and he fails to do so he is regarded as a Rasha and if he is incapable of getting it released he is regarded as a sinner. (Taz)

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