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.

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1)YADOS [Nedarim: Yados]

(a)Gemara

1.2b: The Mishnah discusses Cherem after Neder, because both of them forbid an object to a person. A Shevuah forbids a person to an object.

2.3a - Question: From which verse do we derive Yados?

3.Answer #1: "Ish...Ki Yafli Lindor Neder Nazir Lehazir" teaches that Yados work for Nezirus. "Neder Nazir" equates Nedarim and Nezirus. Just like Yados work for Nezirus, also for Nedarim.

4.Answers #2,3 (Chachamim of Eretz Yisrael): Some expound Yados Nedarim from "Lindor Neder". Some learn from "k'Kol ha'Yotzei mi'Piv Ya'aseh."

5.7a (Mishnah): R. Akiva was inclined to be stringent about one who said 'I am Menudeh to you.'

6.(Abaye): R. Akiva agrees that he is not lashed.

7.8a (Rav Gidal): If one said "I will get up early to learn tractate Ploni", this is a great Neder.

8.24b (Beraisa): Nedarim of Havai (exaggeration) are permitted. Shevu'os of Havai are forbidden (some texts - permitted.)

9.(Rava): Shevu'os of Havai resemble Nedarim of Havai. He said 'all Peros are forbidden to me with a Shevu'ah if I did not see...'

(b)Rishonim

1.Rif (8a): A Shevu'ah of Havai is 'all Peros are forbidden to me bi'Shevu'ah if...'

i.Ramban (5b): In the Yerushalmi, R. Yosi says that a Neder in the text of a Shevu'ah or vice-versa takes effect. R. Yudan and R Munah disagree. Normally, we follow the majority. However, since the Bavli did not specify, we are stringent. Also, the Bavli often mentions a Neder in the text of a Shevu'ah and vice-versa. E.g. 'eating from both of them is forbidden to me by a Shevu'ah' and 'all produce is forbidden (to me) through a Shevu'ah.' We do not alter the Bavli due to the Yerushalmi. I did not see early Rabanan say so. One must ask a Chacham to permit them; they are no less than Yados.

2.Rambam (Hilchos Nedarim 1:1): Nidrei Isar forbid to oneself things that were permitted. If one says 'this species of produce' or 'this produce is forbidden to me', in any Lashon (language or expression) that forbids, he is forbidden, even without a Shevu'ah or Hash-m's name or Kinuy (other name of Hash-m). This is the meaning of "Lesor Isar Al Nafsho."

3.Rosh (1:2): If one said 'I vow not to eat with you' or 'that I will eat with you', it seems that this is not even a Yad. Only when he says 'Mudrani (I am avowed) from you' he forbade to himself benefit from his friend. Even though he was not Matfis, it is a Yad. 'I vow' is the text of a Shevu'ah, not a Neder, unless he vowed to do a Mitzvah. "B'Ficha" (in the Parashah of Bal Te'acher for Nedarim) refers to Tzedakah. However, since nowadays people often vow like this, one should not be lenient. He must permit the Neder, lest people be frivolous about Nedarim.

i.Taz (YD 206:6): The text of a Neder is when he forbids the object to himself. The text of a Shevu'ah is when he forbids himself to the object.

4.Perush ha'Rosh (8a DH Nedarim): "I will get up early to learn tractate Ploni" is not a proper Neder. A proper Neder is Hatfasah (making 'A' forbidden like 'B') in something forbidden by a vow. Rather, it is like a Neder to give Tzedakah.

5.Ran (8a DH veha'Lo): We must say that he said "Shevu'ah, I will learn tractate Ploni." A Neder forbids an object to a person; it does not apply to doing an action. Also elsewhere the Gemara says 'Neder', and really it discusses a Shevu'ah.

i.Question: What difference does it make if one forbids an object to a person or a person to an object?

ii.Answer (Tosfos 2b DH Nedarim): If one said 'Konam, I will not eat this loaf' or vice-versa regarding Shevu'ah, it has no effect.

iii.Ran (2b DH Aidi): R. Chananel, the Ri mi'Gash and Rashba say that there is no (validity to a) Neder in the text of a Shevu'ah or vice-versa. The Yerushalmi supports this. However, the Ramban (5b) says that it is not a primary Neder or Shevu'ah, but it works due to Yados.

6.Rosh (5): R. Akiva was inclined to be stringent about one who said 'I am Menudeh to you.' Abaye taught that R. Akiva agrees that he is not lashed. This shows that Yados are mid'Oraisa. The verse is not a mere Asmachta.

7.Ran (Shevu'os 8a, second column): The primary Neder is Hatfasah. When one says 'is forbidden to me this loaf', this is only like a Yad (for 'like a Korban').

8.Ran (Nedarim 2a DH Kol): Also without Hatfasah is a primary Neder.

i.Mishneh l'Melech (Hilchos Nedarim 1:7): The Maharlnach says that if one told his wife 'you are forbidden to me like my mother,' this takes effect. Hatfasah in Davar ha'Asur is when he did not specify the Isur, e.g. 'you are to me like my mother.' 'You are to me' is a Yad. If he specified 'like mother', this shows that the Hatfasah is in Davar ha'Asur, so it is invalid. This is like the Ran in Nedarim. According to the Ran in Shevu'os, even 'you are forbidden to me' is a Yad. The Ritva (Kidushin 54a) forbids one who said 'this loaf is forbidden to me. I will not eat it, like Neveilah', for he did not forbid it like Neveilah. He forbade it Stam, and added that he will not eat it, just like he does not eat Neveilah. This is unlike the Maharlnach, but does not refute him, for we can say that the Ritva holds like the Ran in Shevu'os.

(c)Poskim

1.Shulchan Aruch (YD 206:1): Yados (he began to vow, but did not complete it. Even so, he is forbidden as if he finished, like one who holds the handle of a Keli and uses it as if he holds the entire Keli) of Nedarim are like Nedarim. This is if they give some indication of the Neder.

2.Shulchan Aruch (5): If one vowed 'I will not eat with you' or 'I will eat with you', this is not even a Yad. This is the text of a Shevu'ah, not a Neder, unless he vowed to do a Mitzvah. "B'Ficha" refers to Tzedakah.

i.Gra (18): This is like the Rosh, who holds that a vow to do a Mitzvah is a vow. However, the Rosh himself (10a DH Nadar) cited Meforshim who hold like the Ran, that really it is a Shevu'ah.

3.Shulchan Aruch (ibid.): However, since nowadays people often vow like this, one should not be lenient. He must permit the Neder, lest people be frivolous about Nedarim. Some say that a Neder in the text of a Shevu'ah or a Shevu'ah in the text of a Neder works due to Yados.

i.Beis Yosef (DH veha'Rambam): The Rambam says that a Neder in any Lashon forbids, even without a Shevu'ah or Hash-m's name or Kinuy. The Tur understands that this includes a Neder in the text of a Shevu'ah and vice-versa, and the Rambam argues with the Rosh. We need not say so. Perhaps 'Kol Lashon' includes languages other than Lashon ha'Kodesh.

ii.Taz (7): The Tur agrees that 'Kol Lashon' includes other languages. He infers from 'even without a Shevu'ah or Hash-m's name or Kinuy' that the Rambam discusses a Neder in the text of a Shevu'ah, but it is not a proper Shevu'ah.

iii.Beis Yosef (ibid.): The Rashbatz (93) says that if one was forced to forbid a woman, and said 'Konam Alai, I will not marry this woman', this is not a Neder. He did not forbid her. He forbade himself from marrying her. This is invalid, just Chachamim were stringent to require a Pesach. Therefore, in a case of Ones he need not permit it. The Rif connotes that a Shevu'ah in which he said 'Alai' takes effect. Perhaps this is mid'Rabanan.

iv.Gra (YD 206:20): The Ramban supported himself from 'eating from both of them is forbidden to me by a Shevu'ah' and 'all produce is forbidden (to me) through a Shevu'ah.' Our text of the former is different. Those who argue with the Ramban say that the latter Gemara was not precise about the text (e.g. Tosfos Shevu'os 25a DH Mah). We follow the majority opinion in the Yerushalmi. The texts of the Rosh (2:1) and Rambam say '(Konam) she'Eini (that I will not) eat from you.' They forbid a Neder in the text of a Shevu'ah. (The Rambam (8:8) discusses Neda'rim not to wear wool, etc. The Ran (14b DH Masnisin) needed to change the text to 'she'Ani' (that I will), for vows take effect on objects, i.e. that which I will.)

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