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12TH CYCLE DEDICATION
NEDARIM 7-10 - 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.
If someone says "This coin shall be Tzedakah" and he says regarding another coin "and this also" both coins are Tzedakah.
If someone says "This coin shall be Tzedakah" and he says regarding another coin "and this" it is a question whether the second coin is Tzedakah. (1)
If someone delays giving Tzedakah for 3 Regalim he transgresses the prohibition of Bal Te'acher.
It is a question whether a Yad for Hefker is a valid Hefker.
If someone says "This structure shall be a Beis ha'Kisei" and regarding another structure he says "this also" both structures are a Beis ha'Kisei. (2)
If someone says "This structure shall be a Beis ha'Kisei" and regarding another structure he says "this" it is a question whether the second structure is given the status of a Beis ha'Kisei.
It is a question to Ravina whether Zimun (a declaration) is effective to give a structure the status of a Beis ha'Kisei.
If someone vows 'I am Nedina from you' he is forbidden to derive benefit from that person.
Rebbi Papa says that if someone vows "I am Meshamtana from you" he is permitted to derive benefit from him. (3)
If someone vows "I am Menudeh from you" Rebbi Akiva says that he is forbidden and the Chachamim argue. (4)
If someone was excommunicated, it may only be revoked in his presence.
If the excommunication was not in his presence it does not have to be revoked in his presence.
Someone who hears a person mention the name of Hashem in vain must excommunicate him. (5)
In a place that the name of Hashem is frequently mentioned in vain poverty will be widespread.
Poverty is equivalent to death.
An excommunication may be immediately revoked.
A Talmid Chacham may put himself into excommunication and he may also remove himself.
A BIT MORE
1. If the Halachah is that a Yad for Tzedakah is not valid then the second coin is not Tzedakah because maybe he means to say that the second coin is reserved for his expenses.
2. It is forbidden to read Keri'as Shema or any Davar Kedushah in a Beis ha'Kisei. However this Halachah only applies if Zimun (a declaration) gives a structure the status of a Beis ha'Kisei.
3. Rebbi Chisda holds that Meshamtana is also a Machlokes between Rebbi Akiva and the Chachamim.
4. However it is only a Safek to Rebbi Akiva whether it is a legitimate Neder and therefore if he transgressed the Neder he is not punished with Malkus. The Rabanan argue with Rebbi Akiva and they hold that the Lashon of the Neder implies excommunication and it is not a Lashon of a Neder while Rebbi Akiva holds that the Lashon also implies a distancing and separation and therefore it is a Safek that it might be a Lashon Neder.
5. If he does not excommunicate him he will be placed in excommunication himself.
If someone says "This coin shall be Tzedakah" and he says regarding another coin "and this" it is a question whether the second coin is Tzedakah. If the Halachah is that a Yad for Tzedakah is not valid then the second coin is not Tzedakah. Rebbi Akiva Eiger asks in the Gilyon ha'Shas why should a Yad for Tzedakah or Hefker not be effective? The Ran said earlier that regarding Kidushin a Yad may not be effective since a Dibur alone is not sufficient for Kidushin without an action of giving the Kesef Kidushin as opposed to Nedarim which require only a Dibur. If so there should not be any question that a Yad is valid for Tzedakah and Hefker since a Dibur is sufficient for Tzedakah and Hefker without any action. The Porat Yosef answers that Tzedakah also require the action of giving it to Gaba'ei Tzedakah because until he does that it is permissible to use the coin for another purpose (and replace the Tzedakah coin with a different coin). Hefker also requires the action of someone making a Kinyan on the object because until then the Mafkir may take it back for himself.
If someone says "This object shall be Hefker" and regarding another object he says "and this" the second object is Safek Hefker. If he says regarding the second object "and this shall be like this", or "also this" the second object is also Hefker. (Shulchan Aruch CM 273:8)
When a person says "and this" it is an unresolved question in the Gemara whether the second object is Hefker therefore we may not be Motzi the object from the Chazakah of the originally owner. (Be'er Heitev)
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