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NEDARIM 88

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NEDARIM 88 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the 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

Rebbi Yehudah holds that a blind person who kills b'Shogeg goes into Galus, but Rebbi Meir argues.
 
If someone makes a Neder not to benefit his son-in-law he may give his daughter money on condition that her husband may not have a Zechus in it and it is only hers when she places it in her mouth. (1)
 
Rav says that if a person gives money to a woman and he tells her do what she wants with the money, the husband is Zocheh in the money. (2)
 
Shmuel says if he tells her to do what she wants with the money the husband is not Zocheh in the money. (3)
 
When a person makes a Shitufei Meva'os he is Mezakeh the jug of wine to all of the members of the courtyard by giving it to his Jewish servants or adult children. (4)
 
If a person's wife has her own courtyard in the Mavoy he may be Mezakeh the jug of wine by giving it to his wife because since she is Zocheh it for herself she may be Mezakeh it to others. (5)
 
If a widow says that she will be a Nazir after thirty days even if she remarries within thirty days her husband may not annul the Neder.

A BIT MORE

1. Since she is only Koneh it when she puts it in her mouth the husband never is Zocheh in it and it is not regarded as benefiting his son-in-law.
 
2. Rav holds like Rebbi Meir that the hand of a woman is like the hand of her husband.
 
3. Shmuel hold like the Rabanan that the hand of a woman is not like the hand of her husband.
 
4. He may not give it to his Nochri servants or to his non-adult children because their hand is like his hand and therefore it is not a valid Kinyan.
 
5. If she does not have her own courtyard in the Mavoy he may not be Mezakeh it by giving it to his wife according to Rebbi Meir. However according to the Rabanan even if she does not have her own courtyard in the Mavoy he may be Mezakeh it by giving it to his wife because they do not hold that the hand of a woman is like the hand of her husband.

BRIEF INSIGHT

AN INDIRECT BENEFIT
 
If someone makes a Neder not to benefit his son-in-law he may give his daughter money on condition that her husband may not have a Zechus in it and it is only hers when she places it in her mouth. Tosfos asks even though the husband is not Zocheh in the money however he is benefiting because he does not have to feed his wife since she is using the money she received from her father for food. Tosfos answers that it is regarded as an indirect benefit and therefore it is permitted.

QUICK HALACHAH

SHITUFEI MEVA'OS
 
If one of the members of the courtyard wants to give bread for all of them he is Mezakeh it with another person. When he is Zocheh in it he must lift it a Tefach off the ground and he must be Mezakeh it to all of the members of the courtyard. (Shulchan Aruch OC 366:9)
 
Even according to the opinion that Kinyan Hagbahah is not less than three Tefachim, regarding an Eruv which is mid'Rabanan lifting it one Tefach is sufficient. (Mishnah Berurah)

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