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.

1)

IS A BLIND PERSON EXILED? [line 1]

(a)

Answer (Rava): The law of exile is learned from its context, and also the law of vows (Rosh - the part about vows is unnecessary);

1.

R. Yehudah holds that "who will come with his friend into a forest" includes anyone who can enter a forest, even a blind person. Therefore, we do not need "without seeing" to include a blind person. Rather, it excludes him.

2.

R. Meir holds that "without knowing" connotes one who could know, i.e. a seeing person';

i.

Therefore, we do not need "without seeing" to exclude a blind person. Rather, it includes him.

2)

EVADING A VOW

(a)

(Mishnah): If Reuven vowed not to benefit his son-in-law, and he wants to give his daughter money, he tells her 'this money is a gift to you, on condition that your husband has no Reshus over it. It is given only for you to buy food with it and to eat the food.'

(b)

(Gemara - Rav): This works only when he says 'it is given only for you to buy food with it and to eat the food.' If he says 'do like you want with it', her husband acquires the money.

(c)

(Shmuel): Even if he says 'do like you want with it', her husband does not acquire the money.

88b----------------------------------------88b

(d)

Question (R. Zeira): Here, Rav is like R. Meir, who says that a husband acquires everything his wife gets;

1.

Contradiction (a Stam Mishnah, which is assumed to be like R. Meir): To make Shituf Mavo'os (an Eruv to permit carrying in an alleyway on Shabbos), one takes a barrel of wine, and says that it should be for everyone whose courtyard opens into the Mavoy;

2.

Someone else acquires the wine on their behalf. It can be the male or female (Yisrael) slave of the donor, or his adult son or daughter, or his wife.

3.

(Summation of question): If a husband acquires all that his wife acquires, how can she acquire on behalf of the others? The wine never left the husband's Reshus!

(e)

Answer #1 (Rava): R. Meir holds that a husband acquires everything his wife gets (from others). Regarding Shituf, since it is for others to acquire from her husband, she acquires [for them].

(f)

Objection (Ravina - Beraisa): A person can be Mezakeh to others (make them acquire) through his adult children, or his Hebrew slaves;

1.

He cannot be Mezakeh through his minor children, his Kena'ani slaves, or through his wife.

(g)

Answer #2 (Rav Ashi): The Mishnah (regarding a Mavoy) discusses when his wife owns a courtyard that opens into the Mavoy;

1.

Since she can acquire the wine for herself, she can acquire it also for the others.