NEDARIM 77 - Dedicated by Mrs. G. Kornfeld for the Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), on 25 Av. Mrs. Turkel was an exceptional woman with an iron will who loved and respected the study of Torah.

[77a - 29 lines; 77b - 25 lines]

1)[line 17]דאיזדקיקו ליה רבנן לבריה דרב זוטראD'IZDAKIKU LEHU RABANAN L'VREI D'RAV ZUTRA- the Rabanan attended to [the annulment of a Neder for] the son of Rav Zutra [on Shabbos, even though there was time enough for annulment before Shabbos]

2)[line 20]ביחיד מומחהYACHID MUMCHEH

(a)When an adult makes a Neder (or designates Chalah, Terumah, or Kodshim) or Nezirus, and he regrets having made the Neder, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder.

(b)There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).

3)[line 21]דמתחזי כדינאD'MISCHAZEI K'DINA- since it looks like a court case (and it is prohibited to convene a court on Shabbos - Mishnah Beitzah 36b)

4)[line 27]א''ל אישתיקAMAR LEI, ISHTIK- (a) he (Rav Huna) answered him (Rav Aba), "[No, Rav did not say explicitly that it is permitted to annul vows at night. Rather,] he was silent" (MEFARESH); (b) according to the 1st explanation of the RAN, these words do not appear in the text of the Gemara

5a)[line 28]אישתיק קא אמרתISHTIK KA AMART- (a) [Rav Aba asked Rav Huna,] "Did you mean [that Rav] was silent [when someone quoted this Halachah, indicating that he agrees with the ruling]?" (MEFARESH); (b) according to the Girsa ISHTIKAN KA AMART - [Rav Huna asked Rav Aba, "When you asked whether Rav explicitly ruled that it is permitted to annul vows at night,] did you mean to silence me [because you rule differently?"] (RAN, 1st explanation)

b)[line 28]או שתי קאמרתO SHESI KA'AMART- (a) "Or did you mean that Rav was drinking at the time that someone quoted this Halachah, and that you left before he was able to answer?" (MEFARESH); (b) according to the Girsa O ASHKAYAN KA'AMART - "Or did you say it with the intention to give me wine to drink (out of appreciation for learning a new Halachah in the name of Rav)?" (RAN, 1st explanation)

77b----------------------------------------77b

6)[line 1]בקיטונא דבי רבB'KITUNA D'VEI RAV- in a room of the Beis ha'Midrash

7)[line 6]פותחין בחרטהPOSCHIN B'CHARATAH

(a)When an adult makes a Neder (or designates Chalah, Terumah, or Kodshim) or Nezirus, and he regrets having made the Neder, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder.

(b)If there are no facts that the person who made the Neder was not aware of but, nevertheless, he now regrets making the Neder, there is a Machlokes Tana'im as to whether the fact that the person regrets having made the Neder ("Charatah") is enough of a Pesach to allow the Neder to be annulled. The Halachah follows the opinion that Charatah is a valid Pesach in and of itself.

8)[line 7]מיעקר נדר' בעינןMI'AKAR NIDRA BA'INAN- we need to uproot the Neder [through a Pesach other than Charatah - RAN]

9)[line 11]ושרו ליה נדריהV'SHARU LEI NIDREI- that is, they revoked his Neder with a Pesach of Charatah by saying, "Zil u'Ba'ei Rachamei Al Nafshach, d'Chatasa..." - "Go pray for yourself because you have sinned..." (MEFARESH)

10)[line 15]"וכי תחדל לנדור לא יהיה בך חטא""V'CHI SECHDAL LINDOR, LO YIHEYEH VECHA CHET."- "And if you refrain from vowing, there will be no sin in you." (Devarim 23:23)

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