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12TH CYCLE DEDICATION
NEDARIM 12-14 - Two weeks of Dafyomi study material have been dedicated by Ms. Estanne Abraham-Fawer to honor the eighth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
A Neder is only valid if you prohibit the object with a Davar ha'Nadur. (1)
If someone vows that an object should be like a Chatas or an Asham it is a valid vow. (2)
It is a Mitzvah to be Makdish a Bechor even though it attains Kedushas Bechor immediately upon birth.
If someone vows, "Imra l'Imra k'Imra what I will eat," it is a valid Neder according to Rebbi Meir.
If someone vows, "l'Korban what I will not eat from you" it is a valid Neder according to Rebbi Meir. (3)
If someone vows, "l'Imra what I will not eat from you" it is a valid Neder according to Rebbi Meir but not if he says "Lo Imra."
If someone vows, "Korban Olah, Minchah, Chatas, what I will eat from you" it is a valid Neder, but Rebbi Yehudah argues. (4)
The Chachamim agree with Rebbi Yehudah that a vow of ha'Korban ha'Olah is not a valid vow. (5)
If someone vows to his friend, "Konam my mouth from speaking to you or my hand from doing for you" it is a valid Neder.
A Neder is effective to prohibit a Devar Mitzvah but a Shevu'ah is not effective on a Devar Mitzvah.
A Shevu'ah is effective even on something that is not tangible, but a Neder is only effective on something tangible.
If someone vows that an object should be forbidden like pig, Avodah Zarah, Neveilah or Chalah it is not a valid Neder. (6)
If someone vows that his wife should be Asur like his mother he must be released from his Neder by a Chacham. (7)
A BIT MORE
1. Rebbi Yehudah holds that a Bechor is a Davar ha'Asur not a Davar ha'Nadur because it is Asur automatically upon birth without anyone being Makdish it. Rebbi Yakov holds that even though a Bechor is a Davar ha'Asur it has the status of a Davar ha'Nadur because there is a Mitzvah l'Chatchilah to be Makdish it.
2. Even though a person may not bring a Chatas or an Asham as a Neder or a Nedavah since the owner must be Makdish the animal before he brings it as a Korban it is regarded as a Davar ha'Nadur.
3. Because we interpret his Neder to mean, "It shall be a Korban therefore I will not eat from you."
4. Rebbi Yehudah holds that it is only a valid Neder if he says, "k'Olah, k'Minchah, or k'Chatas."
5. Even though the Chachamim hold that a vow of Korban or Chatas is a valid vow even though he did not say k'Korban or k'Chatas, ha'Korban is not a valid vow because it is as if he vowed, "b'Chayei Korban what I will eat for you."
6. All of these things are Devarim ha'Asurim (forbidden by the Torah without a Neder), not Devarim ha'Nedurim.
7. Even though a mother is a Davar ha'Asur and the Neder is not valid, the Chachamim were stringent and require him to be released from his Neder by a Chacham.
A DEVAR MITZVAH
A Neder is effective to prohibit a Devar Mitzvah but a Shevu'ah is not effective on a Devar Mitzvah. Therefore if a person vows not to do a Mitzvah he is punished with Malkus and we force him to do the Mitzvah until his soul departs. However, if the Shevu'ah includes both a Devar Reshus and a Devar Mitzvah it is effective on both the Mitzvah and the Devar Reshus. The reason is that since it is effective on the Devar Reshus it is effective in the Mitzvah as well. (Ritva)
Nedarim do not go into effect on something that is not tangible. For example if someone vows, "Konam what I talk to you, what I do for you, what I am traveling with you, what I am sleeping with you it is not a Neder." So too if he says, "My words, action, and traveling shall be forbidden to you or my sleeping shall be forbidden to you it is not a Neder." However mid'Rabanan the Neder must be released [by a Chacham]. (Shulchan Aruch YD 213:1)
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