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12TH CYCLE DEDICATION
NEDARIM 16-19 - 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.
Rebbi Yehudah holds that if someone says, "Korban what I will eat" it is not a valid Neder. (1)
If someone vows, "l'Korban what I will not eat" it is a valid Neder but if he says, "Lo Korban what I will not eat" it is not a valid Neder. (2)
If someone swears, "Shevu'ah I will not eat", or "Ha Shevu'ah I will eat", or "Lo Shevu'ah what I do not eat" it is a valid Shevu'ah. (3)
There are two types that are four types of Shevu'os Bituy: I will eat and I will not eat; I ate or I did not eat. (4)
Abaye says that if someone is being pressured to eat and he says, "I will not eat, I swear I will eat," the Shevu'ah implies that he will not eat.
If someone vows, "Konam the Sukah that I am making", or "the Lulav that I am taking", or "the Tefilin that I am wearing" it is a valid Neder.
If someone swears that he will not sit in the Sukah, that he will not take a Lulav, or wear Tefilin it is not a valid Shevu'ah.
Rava says that if someone vows that the Hana'ah from the Sukah shall be forbidden to him he may sit in the Sukah because Mitzvos were not given for Hana'ah.
If someone vows that the Yeshivas Sukah shall be forbidden to him he may not sit in the Sukah.
If someone swears that he will not sit in the Sukah it is not a valid Shevu'ah.
A BIT MORE
1. Rebbi Yehudah holds that it is only a valid Neder if he says k'Korban.
2. If someone vows, "l'Korban what I will not eat" it is a valid Neder according to Rebbi Meir because it implies that it shall be a Korban and therefore he will not eat.
3. "Lo Shevu'ah what I do not eat" is a valid Shevu'ah because it implies "what I do eat" is a Shevu'ah. Even Rebbi Meir, who holds that regarding Nedarim we cannot infer the positive from the negative, admits that with respect to a Shevu'ah we may infer the positive from the negative.
4. The Torah obligates a Korban Oleh v'Yored for two types of Shevu'os Bituy: a future Shevu'ah for good and a future Shevu'ah for bad. Chazal learn out another two Shevu'os from the Pasuk: a Shevu'ah in the past for the good and a Shevu'ah in the past for the bad.
5. Because a Shevu'ah goes into effect even on something intangible while a Neder is only effective on something tangible. However a Neder on something intangible is effective mid'Rabanan.
HANA'AH OF THE SUKAH
If someone vows that the Yeshivas Sukah shall be forbidden to him he may not sit in the Sukah. The Ran says that if he says that Sukah shall be forbidden without saying Yeshivas Sukah he may sit in the Sukah for the Mitzvah because he is only prohibiting the Hana'ah of the Sukah on himself and the Mitzvos were not given for the Hana'ah. Only when he says Yeshivas Sukah shall be forbidden is he prohibiting sitting in the Sukah even though he is not having Hana'ah.
A DEVAR MITZVAH
Nedarim go into effect on a Devar Mitzvah. What is an example? If someone says "Konam the Sukah that I sit in" or "the Lulav that I take," it is forbidden for him to sit in the Sukah or take the Lulav. Some opinions hold that we punish him with Malkus for making a Neder to annul a Mitzvah and we release him from the Neder and he fulfills the Mitzvah. Other opinions hold that a person is not punished with Malkus for a Neder Shav only for a Shevu'as Shav. (Shulchan Aruch YD 215:1)
Next Daf Index to Revach for Maseches Nedarim