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NEDARIM 5

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12TH CYCLE DEDICATION
NEDARIM 2-5 - Two weeks of study material have been dedicated by Mrs. 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.

SUMMARY

If someone vows, "I am a Cherem to you and you are a Cherem to me" they are forbidden to derive benefit from each other.
 
Rebbi Yosi Bar Chanina says that if a person vows, "I am Moder to you" they are prohibited to derive benefit from each other.
 
Shmuel holds that the words Mudrani, Mufrashni, or Meruchakni alone do not imply a prohibition from deriving benefit. (1)
 
Shmuel says that our Mishnah follows the opinion of Rebbi Yehudah who holds that Yadayim that are not expressive are not regarded as Yadayim. (2)
 
The Tana Kama holds that the principle words in a Get are "You are permitted to every person".
 
Rebbi Yehudah holds that the Get must also state, "this should be for you, from me a Sefer Tiruchin and an Igeres Shevukin." (3)
 
Abaye holds that a Yad of a Neder does not have to be Mochi'ach (unambiguous) and Rava holds that it must be Mochi'ach.
 
A vow of Nezirus must be explicit and unconditional.
 
A Get is only valid if it is Kerisus (a complete severance).

A BIT MORE

1. Because Mudrani implies, "I will not talk to you" and Mufrashni implies, "I will not do business with you" and Meruchakni implies, "I will not stand within your four Amos."
 
2. Therefore according to our Mishnah if someone says, "I am Mudrani, Mufrashni or Meruchakni" it is not regarded as a Neder unless he also says, "I will not eat or taste from you."
 
3. Without these words one might think that he is not divorcing her with this Get and the Get is simply for the purpose of proving that she is divorced.

BRIEF INSIGHT

A YAD OF A NEDER
 
Even according to Rava who holds that Yadayim that are not Mochichos are not Yadayim, if a friend is applying pressure to eat by him and he responds by saying Mudrani, Mufrashni, or Meruchakni it is a valid Neder since the Neder is being made in response to pressure. (Rashba)

QUICK HALACHAH

NOT EVEN A YAD
 
If someone vows Mudrani, Mufrashni, or Meruchakni and he did not complete his words and say "I will not eat from you," it forbidden to talk to him, or do business with him, or walk within his four Amos. (Shulchan Aruch YD 205:1)
 
The Rosh holds that if he did not complete his words and say, "I will not eat from you," it is not a Neder at all. (Taz)

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