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.

[5a - 28 lines; 5b - 25 lines]

1)[line 1]הימךHEIMECHA- from you (this is the Aramaic equivalent of the word "Mimcha" that appears in our Mishnah)

2)[line 1]לחודיהL'CHUDEI- alone [without the addition of "she'Ani Ochel Lecha" or "she'Ani To'em Lecha"]

3)[line 1]שניהן אסוריןSHEHEIHEM ASURIN- both [he who makes the vow and he to whom it is addressed] are prohibited [from benefiting from the other since such wording implies (a) both that one wishes to prohibit himself from benefiting from the other and that he wishes to prohibit the other from benefiting from himself (see RAN DH d'Amar and ROSH DH Aval, first explanation); (b) that one wishes there to be a great divide between himself and the other, which can only exist if neither may benefit from the other (second explanation of ROSH DH Aval)]

4)[line 3]חרםCHEREM- [forbidden as] that which is consecrated to Hekdesh (see Background to 2:2)

5a)[line 3]מודרMUDAR- he to whom the vow was addressed

b)[line 4]מדירMADIR- he who made the vow

6)[line 8]הדיןHADEIN- [in the case of one who utters] these [words]

7)[line 10]לךLECHA- the term "Lecha" usually means "to you." It can, however, imply "from you" as well, as it does in Shoftim 17:2 (RAN, GILYON HA'SHAS).

8)[line 25]לא משתעינא בהדךLO MISHTA'INA BAHADACH- I will not talk to you

9)[line 26]לא עבידנא עמך משא ומתןLO AVIDNA IMCHA MASA U'MATAN- I will not conduct business with you

10)[last line]לא קאימנא בד' אמות דילךLO KA'IMNA B'ARBA AMOS DI'LACH- I will not stand within four cubits of you


11)[line 1]ידים שאין מוכיחות לא הוויין ידיםYADAYIM SHE'EIN MOCHICHOS LO HAVYAN YADAYIM- shortened versions of a Neder (see Background to 2:19) that are ambiguous do not effect a prohibition (see Insights)

12)[line 2]איןIN- yes; indeed

13)[line 4]גופוGUFO- the main body

14)[line 5]ודין דיהוי ליכי מינאיV'DEIN DI'YEHEVEI LICHI MINA'I- (one must also write) "and this [document] that will be [given] to you from me." Rebbi Yehudah requires this addition so that it is clear that (a) he intends to divorce his wife with the Get, as opposed to giving her the document as proof that he divorced her verbally (which accomplishes nothing) (Gitin 85b), and (b) he is divorcing his own wife and not the wife of another (6a). Rebbi Yehudah requires that these points be made clear even though it is unlikely that one would attempt otherwise. From this it is apparent that he is of the opinion that that which is not absolutely clear has no Halachic effect.

15a)[line 6]ספר תירוכיןSEFER TEIRUCHIN- a document of dismissal

b)[line 6]איגרת שבוקיןIGERES SHEVUKIN- a letter of release

16)[line 9]קשיתיהKESHISEI- he found to be problematic

17)[line 14]אסברה ליASBERAH LI- explained to me [the source of my ruling]

18)[line 15]ידות נזירותYADOS NEZIRUS- shortened versions of an acceptance of Nezirus (the validity of which is derived from the word "l'Hazir" according to one opinion (3a-b))

19)[line 16]הפלאהHAFLA'AH- an unambiguous utterance

20)[line 20]גט פטוריןGET PETURIN- a bill of emancipation

21)[line 24]"[... וְכָתַב לָהּ סֵפֶר] כְּרִיתֻת [וְנָתַן בְּיָדָהּ, וְשִׁלְּחָהּ מִבֵּיתוֹ.]""[... V'CHASAV LAH SEFER] KERISUS [V'NASAN B'YADAH, V'SHILCHAH MI'BEISO.]" (GET KERISUS - The Decisiveness of a Bill of Divorce)

(a)The Torah states, "[When a man shall take a woman and live with her; and it will be, if she does not find favor in his eyes ... he shall write to her a document] of severance [and place it in her hand, and send her from his house]" (Devarim 24:1). In the language of Chazal, this document of divorce is called a Get.

(b)"Sefer Kerisus" - "a document of severance" - implies that the Get must completely and decisively break the ties connecting the husband to his wife. Abaye suggests that this is why Rebbi Yehudah requires complete clarity in the wording of a Get.