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12TH CYCLE DEDICATION
NEDARIM 27 - (10 Shevat) - Dedicated by Hagaon Rav Yosef Pearlman of London, England, and his wife, Ruthie Pearlman, in memory of Ruthie's father, Harav Yeshayah ben Rav David Chaim Goldberg Z"L, who passed away on 10 Shevat 5738.
If someone makes a Neder prohibiting a basket of fruit and he says that if he had known that there were Benos Shu'ach in it he would not have made the Neder, Rebbi Akiva says that the Neder is completely permitted. (1)
If someone makes a Neder prohibiting five people, if one of them becomes permitted they are all permitted.
If he says that he would have said all of the five people are forbidden except for one, only that one is permitted.
If someone vows that his friend may not benefit from him unless he eats by him, if the friend or his son fall ill the Neder is void. (2)
Rebbi Huna says that if someone says that if he does not come back to Beis Din within thirty days his merits shall be void, even though an Ones prevented him from coming he loses his merits.
Rava says that since it was an Ones that prevented him from coming he does not lose his merits.
If someone gives a Get and says that if he does not return within 12 months the Get shall go into effect retroactively, if he dies the Get goes into effect. (3)
If someone gives a Get and says that if he does not return within 30 days the Get shall go into effect, even if a discontinued ferry service prevented him from coming back the Get goes into effect. (4)
Rebbi Yosi says if someone pays off part of his Chov and he deposits his Shtar with a third party and says that if he does not pay the remainder within 30 days the Shtar shall be given back to the lender, the condition is effective. (5)
Rebbi Yehudah says that even if he does not pay the remainder, we do not give the Shtar to the lender.
The Halachah is that an Asmachta is Koneh if the Kinyan was made in a prominent Beis Din and there was no Ones.
A person may make a false Neder to murderers, thieves or tax collectors that something is Terumah or belongs to the King.
A BIT MORE
1. Since the Benos Shu'ach are permitted the entire Neder is void.
2. Since it was an Ones that prevented him from eating by him it is not a Neder.
3. Even though his death is an Ones it does not void the Get because the reason that he gave her the Get was so that she would not fall to Yibum. If he would have known that he was going to die he certainly would have wanted the Get to go into effect.
4. Even though it was an Ones that prevented him from returning on time it does not void the Get because a discontinued ferry service is common and he should have spoken out that in the event of a discontinued ferry he does not want the Get to be effective.
TWO TYPES OF ONES
Rebbi Huna says that if someone says that if he does not come back to Beis Din within thirty days his merits shall be void, even though an Ones prevented him from coming he loses his merits. Rava disagrees with Rebbi Huna because the Mishnah says that if someone vows that his friend may not benefit from him unless he eats by him, if the friend or his son fall ill the Neder is void. The Rosh explains that Rebbi Huna holds that in the case of Beis Din an Ones does not void the condition. If he did not want the condition to apply in a case of Ones he should have spoken out that the condition is void in a case of Ones. The case of the Mishnah however is a Neder and a Neder must be Piv v'Libo Shavin therefore even if he does not speak out that he wants an Ones to void the Neder since that is what he had in mind the Neder is void.
What are Nidrei Onsin? If someone swears that his friend must eat from him unless he eats by him and the friend or his son falls ill or was stopped by a river, these are Nidrei Onsin. If an Ones occurred that could have been avoided by spending a lot of money it is still regarded as an Ones. This is because he did not have in mind to spend a lot of money when he made the Neder. (Taz)
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