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12TH CYCLE DEDICATION
NEDARIM 15 (27 Teves) - dedicated in honor of the memory of Hagaon ha'Gadol Rav Pinchas Hirschprung, well-known and much loved Rav of Montreal, Talmid of Hagaon Rav Meir Shapiro (founder of the Dafyomi study), on the day of his Yahrzeit. Dedicated by his son, Rav Yitzchak Hirschprung, may he be blessed with long years and all that he needs.
A Shevu'ah is effective even for something intangible but a Neder is only effective on something tangible.
If someone vows that he will not sleep for three days he is punished with Malkus and he may go to sleep immediately. (1)
If certain people have a Minhag to prohibit something that is permitted it is forbidden to annul this Minhag.
If a husband vows that his wife may not benefit from him until Pesach if she travels to her father before Sukos, if she travels before Pesach she is forbidden to benefit from him until Pesach. (2)
If a husband vows that his wife may not benefit from him until Sukos if she travels to her father before Pesach, if she travels before Pesach she is forbidden to benefit from him until Sukos.
If someone vows that he will not eat a loaf of bread if he travels to a certain place, if he travels he may not eat the bread.
A husband is Meshu'abad to his wife for Tashmish and if he vows, "My Tashmish shall be forbidden to you" it is not valid.
If a husband vows that the Hana'ah of Tashmish shall be forbidden to him it is a valid vow. (3)
If someone swears that he will not sleep, talk or walk it is a valid Shevu'ah.
If someone vows "Korban what I will not eat or ha'Korban what I will eat it or Lo Korban what I will not eat" it is not a valid Neder. (4)
A BIT MORE
1. This is regarded as a Shevu'as Shav- a Shevu'ah in vain – it is impossible to keep this Neder since it is impossible to go three days without sleeping and therefore the Shevu'ah does not go into effect at all.
2. If she travels between Pesach and Sukos to her father's house, if she benefited from her husband before Pesach she transgresses Bal Yeichal.
3. Even though he is Meshu'abad to her for Tashmish since he is prohibiting the Hana'ah on himself, not on her, it is a valid vow.
4. "Ha'Korban what I will eat" is tantamount to making a Neder b'Chayei Korban which is not a valid Neder. "Lo Korban what I will not eat" is not a valid Neder even though it infers that what he will eat shall be a Korban because this Mishnah is in accordance with Rebbi Meir who holds that we do not infer the positive from the negative.
AN IMPOSSIBLE NEDER
If someone vows that he will not sleep for three days, since it is impossible to go three days without sleeping, the Shevu'ah does not go into effect at all. The Mordechai says however that if someone says all of the fruit of the world shall be forbidden to him if he does such and such, even though it is impossible to abstain from all of the fruit in the world the Neder is valid because it is possible to abstain from fulfilling the Tenai and thus he will not have to abstain from the fruit. (Tur)
If someone vows to do something that is impossible, for example not sleeping for three days, or not eating for seven days, or he swears that he will not eat any of the fruit in the world, it is regarded as a Shevu'as Shav and he is punished with Malkus. (Shulchan Aruch YD 236:4)
Someone who swears that he will not eat for seven days is the same as one who swears that he will kill himself and therefore it is regarded as swearing to annul a Mitzvah in the Torah. (Shulchan Aruch YD 236:4)
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