NEDARIM 78 (25 Av) - Dedicated by Rabbi Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) who passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.
 

12TH CYCLE DEDICATION
NEDARIM 78 (1 Adar II) - dedicated in memory of Mordecai (Marcus) ben Elimelech Shmuel Kornfeld, who perished in the Holocaust along with most of his family. His Yahrzeit is observed on 1 Adar. May his death and the deaths of the other Kedoshim of the Holocaust atone for the sins of Klal Yisrael like Korbanos.

1)WHAT WE LEARN FROM ZEH HA'DAVAR

(a)(Beraisa): "Zeh ha'Davar" - a husband annuls, but a Chacham cannot annul.

(b)Suggestion: We should learn from a Kal v'Chomer. A husband cannot permit, but he can annul. A Chacham can permit, all the more so he can annul!

(c)Rejection: "Zeh ha'Davar" - a husband can annul, but a Chacham cannot.

(d)It says "Zeh ha'Davar" regarding vows, and also regarding Shechutei Chutz (slaughtering a Korban outside the Mikdash).

1.Just like Shechutei Chutz applies equally to Aharon, his sons and all of Yisrael, the same applies to vows;

2.Regarding vows, it mentions the heads of the tribes. This also applies to Shechutei Chutz.

(e)Question: We said that Aharon, his sons and all of Yisrael also apply to vows. What does this teach?

(f)Answer (Rav Acha bar Yakov): A Beis Din of three commoners can permit vows.

(g)Objection: It says "the heads of the tribes"!

(h)Answer (Rav Chisda): That teaches that an expert (Chacham) can permit by himself.

(i)Question: We said that the heads of the tribes apply to Shechutei Chutz. What does this teach?

(j)Answer (Rav Sheshes): One may permit (nullify) having made something Hekdesh.

(k)Question: (The Gezeirah Shavah makes it as if 'the heads of the tribes' was written regarding Shechutei Chutz.) Beis Shamai hold that one cannot nullify Hekdesh. What do they learn from this?

(l)Answer: Beis Shamai do not learn the Gezeirah Shavah "Davar-Davar". They use "Zeh ha'Davar" written regarding vows to teach that a Chachamim can permit, but he cannot annul, and that a husband can annul, but he cannot permit.

(m)Question: What do they learn from "Zeh ha'Davar" written regarding Shechutei Chutz?

(n)Answer: This teaches that one is liable only for Shechitah, but not for Melikah (cutting a bird's neck with the fingernail, the analog of Shechitah for bird offerings).

2)COMMONERS MAY PERMIT VOWS

(a)Question: How do Beis Shamai learn that three commoners may permit a vow?

(b)Answer: They learn like Rav Asi bar Nasan:

1.(Beraisa - R. Yosi ha'Glili): "Moshe told the Mo'adim of Hash-m to Bnei Yisrael" - the Yamim Tovim are mentioned, but Shabbos is not mentioned with them;

2.Ben Azai says, the Yamim Tovim are mentioned, but the Parashah of vows was not said with them.

3.Question (Rav Asi bar Nasan): Shabbos is mentioned with the Yamim Tovim! Parshas Nedarim is right after the Yamim Tovim! ("Moshe told..." is in the middle.)

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4.Answer (Rav Sheshes): The first Tana teaches that the Yamim Tovim depend on Kidush (declaration of Rosh Chodesh) of Beis Din, but Shabbos does not;

5.Ben Azai teaches that the Yamim Tovim depend on (Kidush Rosh Chodesh by) expert judges, but a Beis Din of commoners can permit vows.

6.Question: It says "the heads of the tribes" regarding vows!

7.Answer (Rav Chisda): That teaches that an expert Chacham can permit a vow by himself.

3)DELAYED ANNULMENT

(a)(R. Chanina): A husband who is silent to vex his wife (so she will not know that he will annul later) can annul even 10 days later.

(b)Question #1 (Rava - Beraisa): When do we say that if a Na'arah Me'orasah's husband died, authority to annul her vow passes to the father? This is when the husband did not hear her vow, or he heard it and was silent or annulled it, and died that day;

1.If the husband heard it and affirmed it, or was silent and died on a later day, the father cannot annul it.

2.Suggestion: The case (of silence) is that he was silent to vex her.

(c)Answer #1: No, he was silent in order to affirm it.

1.Objection: If so, this is like when he affirmed!

(d)Answer #2: He was silent without any specific intent.

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