NEDARIM 60 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.

Perek Konam Yayin

1)

(a)Up to when does the prohibition of drinking wine extend, if someone declares 'Konam Yayin she'Eini To'em ha'Yom'?

(b)What distinction does the Mishnah draw between someone who declares 'Shabbos Zu' and 'Shavu'a Zeh' on the one hand, and 'Chodesh Zeh' and 'Shanah Zu' on the other?

(c)What is the alternative way of explaining 'v'Shabbos l'she'Avar', v'Rosh Chodesh l'ha'Ba', v'Rosh Hashanah l'Asid Lavo', u'Shevi'is she'Avrah'?

(d)On what grounds do we reject the alternative explanation? How do we prove this from the case cited in the first Perek of Rosh Hashanah 'ha'Mudar Hana'ah me'Chaveiro l'Shanah Zu ... '?

1)

(a)If someone declares 'Konam Yayin she'Eini To'em ha'Yom', the prohibition of drinking wine extends - until nightfall.

(b)The Mishnah rules that if someone declares 'Konam Alai ... Shabbos Zu' or 'Shavu'a Zeh', the prohibition incorporates the Shabbos at the end of the week and the Shemitah year at the end of the seven-year cycle respectively - whereas if he said 'Chodesh Zeh' or 'Shanah Zu', he is forbidden until the end of the month or of the year, excluding Rosh Chodesh and Rosh Hashanah respectively.

(c)Alternatively, the Mishnah is speaking when he declared the Neder on Shabbos, Rosh Chodesh, Rosh Hashanah or in the Shemitah year respectively, and - 'v'Shabbos l'she'Avar', 'u'Shevi'is she'Avrah', v'Rosh Chodesh l'ha'Ba', v'Rosh Hashanah l'Asid Lavo', mean that as far as the day (in the three cases is concerned) and the year (in the case of 'Shavu'a), the Shabbos and the Shemitah (which belong to the previous cycle) are precluded from the Neder, whereas Rosh Chodesh and Rosh Hashanah are included.

(d)We reject this explanation however, on the grounds that - if he declared on Shabbos or in the Shemitah year 'Shabbos Zu' or 'Shavu'a Zeh', then the Tana should have restricted the Neder to that day or year only, similar to the case cited in the first Perek of Rosh Hashanah 'ha'Mudar Hana'ah me'Chaveiro l'Shanah Zu, Afilu Lo Amad Ela b'Esrim v'Tish'ah Elul, Keivan she'Higi'a Echad b'Tishrei, Alsah Lo Shanah'.

2)

(a)Up to when would the prohibition apply, if one said 'Yom Echad', 'Shabbos Achas', 'Chodesh Echad', 'Shanah Achas' or 'Shavu'a Echad'?

(b)What difference does the Tana make whether one says 'Konam ... ad ha'Pesach' or 'ad she'Yehei ha'Pesach'?

(c)According to Rebbi Meir 'ad Lifnei ha'Pesach' implies until Pesach arrives. Why is that?

(d)What does Rebbi Yosi say?

2)

(a)If one said 'Yom Echad', 'Shabbos Achas', 'Chodesh Echad', 'Shanah Achas' or 'Shavu'a Echad' - the prohibition would last an entire cycle, one day, one week, one month one year or one seven-year cycle (from day to day).

(b)The Tana rules that 'Konam ... ad ha'Pesach' implies until Pesach arrives (because when it comes to Leshon Bnei Adam, 'ad' is usually exclusive) - whereas 'ad she'Yehei ha'Pesach' implies until Pesach has passed.

(c)According to Rebbi Meir 'ad Lifnei ha'Pesach' implies until Pesach arrives - because, in his opinion, a person does not enter into a Safek (when a Lashon is ambiguous, then he will refer to the less questionable implication). Consequently, even though the Lashon could also mean until the last moment before the end of Pesach, he is more likely to mean until Pesach arrives, which is included either way, and is not therefore in doubt.

(d)Rebbi Yosi says - that it implies until the end of Pesach, because a person does enter into a Safek (intending his words to embrace the widest possible meaning).

3)

(a)Why does Rebbi Yirmeyahu bar Aba rule that someone who says 'Konam Yayin she'Ani To'em ha'Yom, Eino Asur Ela ad she'Techshach', needs to revoke his Neder when nighttime arrives?

(b)What did he answer Abaye, who asked him why it is that the Chachamim did not also require someone who said 'Yom Echad' to have his Neder revoked by a Chacham at the end of the twenty-four hour period, on account of someone who said 'ha'Yom'?

(c)What sort of time-period does a Neder for one day imply?

3)

(a)Rebbi Yirmeyahu bar Aba rule that someone who says 'Konam Yayin she'Ani To'em ha'Yom, Eino Asur Ela ad she'Techshach', needs to revoke his Neder when nighttime arrives - because we are afraid that otherwise, he will treat 'Konam ... Yom Echad' in the same way, and drink wine already at nightfall (whereas now, he will go to a Rav first, and the Rav will inform him that 'Yom Echad' is different than 'ha'Yom', and that his Neder has not yet terminated).

(b)When Abaye asked him that, if so, why did the Chachamim also require someone who says 'Yom Echad' to have the Neder revoked by a Chacham at the end of the twenty-four hour period, on account of someone who said 'Hayom', he replied - that this was unnecessary, because everyone knows that 'ha'Yom ends at nightfall (and not in the middle of the day).

(c)A Neder for one day - implies a twenty-four hour period.

60b----------------------------------------60b

4)

(a)How long does a Ta'anis Yachid (a private fast) last?

(b)Why does it not need to be revoked like other Nedarim of 'ha'Yom'?

(c)How does the Rashba explain the difference between a Ta'anis Yachid (vis-a-vis 'Yom Echad') and a regular case of 'ha'Yom'?

(d)On what grounds do we reject his explanation?

4)

(a)A Ta'anis Yachid (a private fast) lasts - from dawn-break until nightfall.

(b)It does not need to be revoked like other Nedarim of 'ha'Yom' - because nobody will confuse it with 'Yom Echad', because its time-period is fixed by Chazal and not by his wording (distinguishing it from regular Nedarim).

(c)The Rashba explains the difference between a Ta'anis Yachid (vis-a-vis 'Yom Echad') and a regular case of 'ha'Yom' - inasmuch as a Ta'anis Yachid, unlike 'ha'Yom' begins from dawn-break, in which case, nobody will confuse 'Yom Echad' with it (like they will 'ha'Yom, which generally begins in the middle of the day).

(d)We reject his explanation however - on the grounds that 'ha'Yom' too, could well be speaking when the Noder declared the Neder just before dawn-break, in which case his Neder will cover the same twelve-hour period as a Ta'anis Yachid.

5)

(a)How long will someone who undertakes to fast for one day be obligated to fast?

5)

(a)Someone who undertakes to fast for one day - is obligated to fast from dawn-break until nightfall.

6)

(a)Mereimar quoting Ravina's father in the name of Rav Yosef, told Ravina that Rebbi Yirmeyahu bar Aba (who requires the Neder of 'ha'Yom to be revoked') conforms with Rebbi Nasan (who considers someone who declares a Neder as if he had constructed a Bamah ... ). What did he mean by that? Why is the decree in itself not sufficient reason?

(b)In that case, why do we need Mereimar's reason to issue the decree?

6)

(a)When Mereimar quoting Ravina's father in the name of Rav Yosef, told Ravina that Rebbi Yirmeyahu bar Aba (who requires the Neder of 'ha'Yom to be revoked') conforms with Rebbi Nasan (who considers someone who declares a Neder as if he had constructed a Bamah ... ), he meant - that the decree in itself is not sufficient reason to warrant the requirement to have the Neder revoked (since such a mistake is not common), and it is only in conjunction with Rebbi Nasan, (who provides sufficient reason to punish someone who makes Nedarim), that they issued it.

(b)They did not however, want to issue the decree on the basis of Rebbi Nasan alone (otherwise they would have obligated every Noder to have his Neder revoked when the time elapsed). So what they did was - that whenever a reason to decree presented itself, they took advantage of it and issued it.

7)

(a)We learned in our Mishnah ...

1. ... 'Shabbos Zu, Asur b'Chol ha'Shabbos Kulah, v'ha'Shabbos l'she'Avar'. Why is this not obvious? How might we have otherwise interpreted 'Shabbos Zu'?

2. ... 'Chodesh Zeh, Asur b'Chol ha'Chodesh, v'Rosh Chodesh l'ha'Ba'. Why is this too, not obvious?

(b)Why then, is the first day of Rosh Chodesh not included in the Neder?

7)

(a)The ruling in our Mishnah that ...

1. ... 'Shabbos Zu, Asur b'Chol ha'Shabbos Kulah v'ha'Shabbos l'she'Avar' is not so obvious - because we might otherwise have interpreted 'Shabbos Zu' to mean the weekdays leading up to Shabbos, but not including Shabbos itself.

2. ... 'Chodesh Zeh, Asur b'Chol ha'Chodesh, v'Rosh Chodesh l'ha'Ba' is not obvious either - because it includes the first day of Rosh Chodesh, which strictly speaking, belongs to the month of his Neder.

(b)Nevertheless, the first day of Rosh Chodesh is not included in the Neder - because people refer to it as Rosh Chodesh (as if it belonged to the new month, even though it really belongs to the old one).

8)

(a)What can we learn from this latter ruling with regard to the wording of the date on documents?

(b)What will be the Din if one refers ...

1. ... to the first day of Rosh Chodesh as the last day in Av?

2. ... to the second day of Rosh Chodesh as the first of the month or the following day as the second?

(c)What does the Rashba citing Tosfos say about dating a Get that is written on the first day of Rosh Chodesh?

8)

(a)We can learn from this latter Din - that documents are dated in the same way (so that on the first day of Rosh Chodesh Elul, for example one writes 'Rosh Chodesh Elul', and not 'the thirtieth of Av').

(b)If one refers ...

1. ... to the first day of Rosh Chodesh as the last day in Av ...

2. ... to the second day of Rosh Chodesh as the first of the month or to the following day as the second - the Shtar is a 'Shtar Mukdam' (a pre-dated Shtar), which is Pasul.

(c)The Rashba citing Tosfos says that upon dating a Get that is written on the first day of Rosh Chodesh Mar-Cheshvan - one should date it 'the thirtieth of Tishrei, which is Rosh Chodesh Mar-Cheshvan' (l'Chumra).

9)

(a)What She'eilah do we ask regarding someone who says 'Konam Yayin she'Eini To'em Yom'?

(b)On what grounds do we refute the proof from our Mishnah 'Konam Yayin ... ha'Yom, Ein Asur Ela ad she'Techshach', from which we can extrapolate that if he had said 'Yom', the prohibition would last for twenty-four hours?

9)

(a)We ask whether someone who says 'Konam Yayin she'Eini To'em Yom' - has the same Din as someone who says 'ha'Yom' (until nightfall), or as 'Yom Echad' (twenty-four hours).

(b)We refute the proof from the Reisha of our Mishnah 'Konam Yayin ... ha'Yom, Ein Asur Ela ad she'Techshach', from which we can extrapolate that if he had said 'Yom', the prohibition would last for twenty-four hours - from the Seifa 'Amar Yom Echad, Asur mi'Yom l'Yom', from which we can extrapolate the opposite (that if he had said 'Yom', the prohibition would last only until nightfall). So we end up extrapolating nothing.

10)

(a)Why must the Beraisa 'Konam Yayin she'Ani To'em ha'Shanah, Asur Bah u'b'Iburah' be speaking when the Noder declared the Neder at the beginning of the year? What would be the Din if he made the same Neder in Shevat?

(b)On what grounds do we try to reject the Beraisa as it stands?

(c)So how do we suggest the Beraisa ought to read? How will that help us resolve our She'eilah?

(d)We finally accept the Beraisa in its original form. What is then the Chidush?

10)

(a)The Beraisa 'Konam Yayin she'Ani To'em ha'Shanah, Asur Bah u'be'Iburah' must be speaking when the Noder declared the Neder at the beginning of the year - because, had he made the same Neder in Shevat, for example, it is obvious that he would have meant until Rosh Hashanah (irrespective of how many Adars passed during that time).

(b)We try to reject the Beraisa as it stands - because, if he said 'ha'Shanah', what would be the Chidush? Why should 'ha'Shanah' be any different than 'ha'Yom'?

(c)We therefore suggest that the Beraisa ought to read (not 'ha'Shanah', but just) 'Shanah' (teaching us that 'Shanah' is like 'ha'Shanah' in this regard). And if 'Shanah' is like 'ha'Shanah' - then 'Yom is like 'ha'Yom'!

(d)We finally accept the Beraisa in its original form, and the Chidush is - that we do not follow the majority of years, when a year means twelve months, but take into account the fact that it is a leap-year, and count thirteen.

11)

(a)What is the final ruling with regard to our unresolved She'eilah?

(b)Why is that?

11)

(a)The final ruling with regard to our unresolved She'eilah is l'Chumra - that 'Yom' is like 'Yom Echad', and the Neder must be kept for twenty-four hours ...

(b)... l'Chumra.

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