12TH CYCLE DEDICATION
NEDARIM 12-14 - Two weeks of Dafyomi study material have been dedicated by Ms. 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.

1)

(a)We establish the Machlokes between Rebbi Yakov and Rebbi Yosi when the Noder said 'Harei Alai ki'Bechor Lifnei Zerikas Damim' (but in the case of 'Zeh ka'Zeh', both will agree that we go after the current time, when it is Mutar). How does Rebbi Yosi learn that it is Mutar, from the Pasuk in Matos "Ish ki Yidor Neder ... "?

(b)What does Rebbi Yakov learn from the continuation of the Pasuk " ... la'Hashem"?

(c)What does Rebbi Yosi learn from "la'Hashem"?

(d)Why does Rebbi Yosi prefer to include a Chatas v'Asham from "la'Hashem" rather than a Bechor? What makes the former more of a Davar he'Nadur than the latter, seeing as both are obligatory?

1)

(a)We establish the Machlokes between Rebbi Yakov and Rebbi Yosi when the Noder said 'Harei Alai ki'Bechor Lifnei Zerikas Damim' (but in the case of 'Zeh ka'Zeh', both will agree that we go after the current time, when it is Mutar). Rebbi Yosi learns that it is Mutar, from the Pasuk in Matos "Ish ki Yidor Neder ... " - implying 'b'Davar ha'Nadur, v'Lo b'Davar ha'Mutar'.

(b)Rebbi Yakov learns from the continuation of the Pasuk " ... la'Hashem" - to include even something which is a Davar ha'Asur (i.e. a Bechor, as we will soon explain).

(c)Rebbi Yosi learns from "la'Hashem" - that whatever is for Hash-m is included in Hatfasah, even a Chatas and an Asham.

(d)Rebbi Yosi prefers to include a Chatas v'Asham from "la'Hashem" rather than a Bechor - because, even though both are basically obligatory, the right to pick whichever animal one wishes, renders a Chatas v'Asham more a Davar ha'Nadur that Bechor, where he is obligated to declare that particular animal Kadosh.

2)

(a)Although Rebbi Yakov concedes to the Derashah "Ish ki Yidor Neder ... " (which precludes a Davar ha'Asur from Hatfasah), he nevertheless goes on to include a Bechor from "la'Hashem" (in spite of the apparent contradiction), because he holds like Rebbi. What does Rebbi learn from the Pasuk in Re'eh "ha'Zachar Takdish"?

(b)How does Rebbi Yosi counter this Derashah? Why does Bechor nevertheless remain a Davar ha'Asur, according to him?

2)

(a)Although Rebbi Yakov concedes to the Derashah "Ish ki Yidor Neder ... " (which precludes a Davar ha'Asur from Hatfasah), he nevertheless goes on to include a Bechor from "la'Hashem" (in spite of the apparent contradiction), because he holds like Rebbi - who learns from the Pasuk "ha'Zachar Takdish" - that it is a Mitzvah to declare a Bechor Kadosh (making it a Davar ha'Nadur).

(b)Rebbi Yosi counters - that even though it is a Mitzvah to do so, nevertheless, seeing as the animal will be Kadosh even if the owner fails to do it, it remains a Davar ha'Asur, and not a Davar ha'Nadur.

3)

(a)Our Sugya does not conclude whether a person is Matfis 'be'Ikro' or 'b'Heteira'. How does the Ramban rule in this issue?

3)

(a)Our Sugya does not conclude whether a person is Matfis 'b'Ikro' or 'b'Heteira'. The Ramban however, based on a Sugya in Nazir - rules that 'be'Heteira ka'Matfis, in which case the Neder is not valid.

4)

(a)On what basis do we establish the Beraisa which validates 'Imra, l'Imra and k'Imra' (and the same with the other cases in our Mishnah, 'Dirim Etzim, Ishim ... ') like Rebbi Meir?

(b)What problem do we then have with the Seifa, which concludes 'v'Chulan, Lo Ochal Lach, Mutar'?

(c)We already solved this problem above on 11b. What is the basic answer?

4)

(a)We establish the Beraisa which validates 'Imra, l'Imra and k'Imra' (and the same with the other cases in our Mishnah, 'Dirim Etzim, Ishim ... ') like Rebbi Meir - based on the fact that Rebbi Meir is the one who does not require the 'Kaf' of comparison in these cases.

(b)The problem with the Seifa, which concludes 'v'Chulan, Lo Ochal Lach, Mutar' is - that it clashes with the following Mishnah 'le'Korban Lo Ochal Lach, Rebbi Meir Oser', which Rebbi Aba interprets to mean 'Na'aseh k'Omer l'Korban Yehei, Lefichach Lo Ochal Lach'.

(c)We already solved this problem above on 11b. - where we differentiated between 'Lo Chulin (Imra, in our case) and la'Chulin' (see answer to question 7a. there).

5)

(a)The Tana Kama of our Mishnah validates 'Korban, Olah, Minchah ... she'Ani Ochal Lach'. On what grounds does Rebbi Yehudah disagree?

(b)What is the Chidush? Why does Rebbi Yehudah need to repeat this Halachah here?

(c)'ha'Korban, k'Korban, Korban she'Ochal Lach, Asur'. Why is that?

(d)What would be the Din if he were to conclude ' ... Ochal Lach'?

5)

(a)The Tana Kama of our Mishnah validates 'Korban, Olah, Minchah ... she'Ani Ochal Lach'. Rebbi Yehudah disagrees - because the Noder did not add the 'Kaf' of comparison.

(b)The Chidush is - that we would otherwise have thought that a 'Kaf' is not necessary here, since all of these already express the Isur and should not therefore require it any more than Pigul and Nosar (as we explained above).

(c)'ha'Korban, k'Korban, Korban she'Ochal Lach, Asur' - because it implies that whatever he eats will be Asur like a Korban.

(d)If he were to conclude ' ... Ochal Lach' - his Neder would not be valid, because he is merely swearing by the life of the Korban.

6)

(a)What will be the Din if he says 'l'Korban, Lo Ochal Lach' or 'l'Korban, she'Ochal Lach'?

(b)The Beraisa states 'Modim Chachamim (i.e. Rebbi Meir) l'Rebbi Yehudah b'Omer Hei Korban ... she'Ochal Lach, she'Mutar'. What is the reason for that?

(c)How do we reconcile this with our Mishnah 'ha'Korban she'Ochal Lach Asur' (which we established like Rebbi Meir)?

(d)How can Rebbi Meir validate 'l'Korban Lo Ochal Lach', when he holds 'mi'Chelal Lav I Ata Shome'a Hen'?

6)

(a)If he says 'l'Korban, Lo Ochal Lach', or 'l'Korban, she'Ochal Lach' - his Neder will be valid, because what he is saying is 'l'Korban Yehei, Lefichach Lo Ochal Lach' or 'l'Korban Yehei Mah she'Ochal Lach', respectively.

(b)The Beraisa states 'Modim Chachamim (i.e. Rebbi Meir) l'Rebbi Yehudah b'Omer Hei Korban ... she'Ochal Lach, she'Mutar' - because 'he has merely swearing by the life of the Korban.

(c)We reconcile this with our Mishnah 'ha'Korban she'Ochal Lach Asur' (which we established like Rebbi Meir) - by differentiating between 'Hei Korban' (implying 'by the life of the Korban') and 'ha'Korban' (implying that it should be a Korban).

(d)Rebbi Meir validates 'l'Korban Lo Ochal Lach', despite the fact that he holds 'mi'Chelal Lav I Ata Shome'a Hen' - like Rebbi Aba, who explains that what he means to say is 'l'Korban Yehei, Lefichach Lo Ochal Lach'.

13b----------------------------------------13b

7)

(a)What do the following have in common: 'Konam ... Pi Medaber Imach'; ' ... Yadi Osah Imach'; ' ... Ragli Mehaleches Imach'?

(b)What are the ramifications of each of these statements, respectively?

7)

(a)What the following have in common: 'Konam ... Pi Medaber Imach'; ' ... Yadi Osah Imach'; ' ... Ragli Mehaleches Imach', respectively, are - that they are all listed in our Mishnah as being valid Nedarim.

(b)Their ramifications respectively, are - that the Noder is not permitted a. to speak to the Mudar; b. to do any work for him, and c. to walk with him.

8)

(a)What do we prove from the Tana's use of the word 'Pi', 'Yadi' and 'Ragli' in the Mishnah?

(b)How do we amend our Mishnah, which validates a Neder forbidding speech (which is abstract), to conform with what we just said?

(c)How do we prove this?

8)

(a)We prove from the Tana's use of the word 'Pi', 'Yadi' and 'Ragli' in the Mishnah - that, unlike Shavuos, Nedarim will only take affect on tangible objects (as we will learn in a Mishnah later).

(b)To reconcile our Mishnah, which validates a Neder concerning speech (which is abstract) with that what we just said - we establish it when he said 'Ye'aser Pi l'Diburi' ('Yadi l'Oseihen' and 'Ragli l'Hiluchan') placing the prohibition on his mouth, (hand and foot), which is a tangible object.

(c)And we prove this - from the fact that the Tana says 'Pi Medaber Imach' (and not 'Pi, she'Ani Medaber Imach' [which is what the initial Kashya must have assumed).

HADRAN ALACH 'KOL KINUYEI'

PEREK V'EILU MUTARIN

9)

(a)The Tana in our Mishnah lists a variety of cases where the Neder is not valid. Having mentioned ...

1. ... 'k'Basar Chazir', why did he see fit to add 'ka'Avodas Kochavim'?

2. ... 'ka'Avodas Kochavim', why did he see fit to add 'k'Oros Levuvin?

(b)And having mentioned 'Neveilos u'Tereifos' (which are also Tamei [presumably, the Tana mentions Tereifos, which are not Tamei, because of Neveilos, since they often appear together]), why does the Tana need to mention 'ki'Shekatzim u'Remasim'?

(c)What do all the cases in the Mishnah have in common? Why is the Neder invalid?

(d)Then why does the Tana insert 'k'Chalas Aharon v'chi'Terumaso' in the list? Why are these not considered a Davar ha'Nadur?

9)

(a)The Tana in our Mishnah lists a variety of cases where the Neder is not valid. Having mentioned ...

1. ... 'k'Basar Chazir', he nevertheless sees fit to add 'ka'Avodas Kochavim' - which is also Asur b'Hana'ah (and is therefore a bigger Chidush).

2. ... 'k'Avodas Kochavim', he sees fit to add 'k'Oros Levuvin' (i.e. they would cut a hole through the skin of the animal whilst it was still alive and remove its heart, to sacrifice to their gods) - because, like all objects that were sacrificed to idolatry, it was not subject to Bitul (making it a bigger Chidush still).

(b)And having mentioned 'Neveilos u'Tereifos' (which are forbidden to eat and Tamei [presumably, the Tana mentions Tereifos, which are not Tamei, because of Neveilos, since they often appear together]), the Tana needs to mention 'ki'Shekatzim u'Remasim' - which are Tamei even hen they are only the size of a lentil (and not just a k'Zayis, like Neveilos).

(c)What all the cases in the Mishnah have in common is - the fact that they are all in the category of Davar ha'Asur and not Davar ha'Nadur, which explains why the Neder is invalid.

(d)The Tana inserts 'k'Chalas Aharon v'chi'Terumaso' in the list - because, the Isur comes into effect, not through his designation, but through the Torah's Isur. This is because the produce and the dough are already forbidden before the owner separates them, and when he does separate them, his intention is to permit the remainder - see the commentaries on the Mishnah).

10)

(a)If someone says to his wife 'Harei At Alai k'Eima, Poschin Lo Pesach mi'Makom Acher'. Why? About whom is the Tana speaking?

(b)This Halachah is not confined to 'k'Eima'? What else might the Tana have given as an example?

(c)What does the Tana mean when he says 'mi'Makom Acher'? What is the Chidush?

(d)Will this Halachah apply to all Nedarim that an Am ha'Aretz makes through a Davar ha'Asur?

10)

(a)If someone says to his wife 'Harei At Alai k'Eima, Poschin Lo Pesach mi'Makom Acher' - because, even though his mother is a Davar ha'Asur, we are afraid that an Am-ha'Aretz (about whom the Tana is speaking), will go on to presume that a Neder that he is Matfis b'Davar ha'Nadur is not valid, either.

(b)This Halachah is not confined to 'k'Eima', but to all cases of Davar ha'Asur. The Tana picked a case of Isurei Hana'ah - and might well have given any such example, such as Avodas-Kochavim, Orlah or Kil'ei ha'Kerem

(c)When the Tana says 'mi'Makom Acher' - he means that one cannot use Kavod Aviv v'Imo (i.e. when the Chacham says to the Noder 'Had you known that it is disrespectful to use your parents in this way, would you have made the Neder?') as a means to annul the Neder. We know this already with regard to a Neder d'Oraisa, and the Tana is teaching us here that the same applies to a Neder d'Rabanan.

(d)This Halachah will not apply to most other Nedarim that an Am ha'Aretz makes through a Davar ha'Asur (i.e. his Neder will not require Hatarah) - and it is only in cases such as this one (where a man forbids his wife through a Neder), which are common, that Chazal are stringent, and require nullification .

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