12TH CYCLE DEDICATION
NEDARIM 76 (29 Adar I) - Dedicated in memory of Matilda Massel - Mesuda bat Moshe - on the first Yahrtzeit of her passing, by her loving family, Elihu, Morris and Caroline, Richard and Tracy Massel. May her Neshamah go higher and higher and be a continuing source of inspiration.

1)

(a)We just proved from the Rabanan of Rebbi Eliezer in the Reisha of the Beraisa that the Neder of a woman that her husband annulled in advance does not come into effect. In the Seifa, the Rabanan asked Rebbi Eliezer from Tevilah ('Im Matbilin Kli Tamei Litaher, Yatbilu Kli Tahor l'che'Yitamei'?). What is their Kashya?

(b)How does the Seifa counter our previous proof from the Reisha?

(c)How do we account for the fact that the Reisha of the Beraisa assumes that, according to Rebbi Eliezer, the woman's Nedarim take into effect, and the Seifa of the same Beraisa holds that they do not?

1)

(a)We just proved from the Rabanan of Rebbi Eliezer in the Reisha of the Beraisa that the Neder of a woman that her husband annulled in advance does not come into effect. In the Seifa, the Rabanan asked Rebbi Eliezer from Tevilah ('Im Matbilin Kli Tamei Litaher, Yatbilu Kli Tahor l'che'Yitamei') - meaning that, if we were to abide by Rebbi Eliezer's 'Kal va'Chomer', then seeing as one can Tovel a Tamei vessel to remove the Tum'ah, one should certainly be able to Tovel a Tahor vessel to prevent it from becoming Tamei.

(b)The Seifa counters our previous proof from the Reisha - inasmuch as it now appears that, according to Rebbi Eliezer, we learn from the 'Kal va'Chomer' that the Tum'ah does not take effect at all, in which case, the same will apply to the wife's Neder that her husband annulled in advance.

(c)The reason the Reisha of the Beraisa assumes that, according to Rebbi Eliezer, the woman's Nedarim take effect, whereas the Seifa of the same Beraisa holds that they do not is - because the Rabanan themselves were unsure what Rebbi Eliezer really held, so they brought proofs covering both possibilities.

2)

(a)What do we learn from the Pasuk in Shemini " ... Al Kol Zera Zeru'a Asher Yizarei'a"?

(b)What 'Kal va'Chomer' does Rebbi Eliezer learn from there?

(c)What is he trying to prove with this 'Kal va'Chomer'?

(d)And what do we finally prove from here?

2)

(a)We learn from the Pasuk " ... Al Kol Zera Zeru'a Asher Yizarei'a" - that if one plants Tamei seeds, they become Tahor.

(b)Rebbi Eliezer learns a 'Kal va'Chomer' - if Tamei seeds that one sowed in the ground become Tahor, then certainly seeds that are sown already, cannot become Tamei.

(c)He is trying to prove with this 'Kal va'Chomer' - that the Rabanan (who certainly agree with this Halachah), will have to agree with his 'Kal va'Chomer' regarding Nedarim, too.

(d)What we finally prove from here is - that according to Rebbi Eliezer, the Nedarim will not take effect at all (like the seeds that one planted, which do not become Tamei).

3)

(a)How do we know that a girl of twelve cannot be sold as an Amah ha'Ivriyah' (a Jewish maidservant)?

(b)What Kashya does this pose on the Rabanan of Rebbi Eliezer?

(c)We might prefer to ask on them from here rather than from the previous case of Tamei seeds (as Rebbi Eliezer does) because we are not so sure that the Rabanan do not argue with Rebbi Eliezer there, whereas here, we know the Din of selling a Jewish maidservant to be unanimous. What is the alternatively reason?

3)

(a)We know that a girl of twelve cannot be sold as an Amah ha'Ivriyah' (a Jewish maidservant) - from a 'Kal va'Chomer', because if she goes out when she turns twelve, she certainly cannot be sold.

(b)This poses a Kashya on the Rabanan of Rebbi Eliezer - who argue with Rebbi Eliezer's 'Kal va'Chomer'. Yet they agree with this Halachah, and, if not for the 'Kal va'Chomer', from where will they learn it?

(c)We might prefer to ask on them from here rather than from the previous case of Tamei seeds (as Rebbi Eliezer does) because we are not so sure that the Rabanan do not argue with Rebbi Eliezer there, whereas here, we know the Din of selling a Jewish maidservant to be unanimous. Alternatively, we might answer that the Rabanan's source is not from the 'Kal va'Chomer' at all, but because it is incorporated in the Pasuk "Al Kol Zera Zeiru'a Asher Yizare'a".

4)

(a)How do we ultimately reconcile the Rabanan in our Mishnah, with the two other cases where they seemingly agree with Rebbi Eliezer's 'Kal va'Chomer'?

(b)In that case, how can the Rabanan above ask on Rebbi Eliezer from Mikvah (or from Taharah Belu'ah) - seeing as they agree with his 'Kal va'Chomer' on principle?

4)

(a)We ultimately reconcile the Rabanan in our Mishnah, with the two other cases where they agree with Rebbi Eliezer's 'Kal va'Chomer' - by changing from what we learned until now. In fact, we now explain, they agree with this 'Kal va'Chomer' on principle, only the Pasuk "Ishah Yekimenu, v'Ishah Yeferenu" overrides it.

(b)In that case, when the Rabanan above ask on Rebbi Eliezer from Mikvah (or from Taharah Belu'ah), they mean to ask (not on the 'Kal va'Chomer itself, but) - that the Pasuk "v'ha'Nogei'a b'Nivlasam Yitma" overrides it.

76b----------------------------------------76b

5)

(a)Until when does the Mishnah permit a husband (or father) to annul the Nedarim of his wife (or daughter)?

(b)What does the Tana mean when he adds 'Yesh b'Davar Lahakel u'Lehachmir'?

(c)Why does the Tana demonstrate the case of 'Lehakel' with the example of 'Leilei Shabbos u've'Yom ha'Shabbos ... ', even though the same applies to a weekday?

(d)In the Seifa, seeing as the Tana is demonstrating the case of 'Lehachmir', why does he say 'Mefer ad she'Lo Techshach' rather than 'Eino Mefer Ela ad she'Techshach' (which appears to be more appropriate)?

5)

(a)The Mishnah permits a husband (or father) to annul the Nedarim of his wife (or daughter) - until nightfall.

(b)When the Tana adds 'Yesh b'Davar Lahakel u'Lehachmir' he means to say - that sometimes they have a long time to annul it, and sometimes, only a very short time (as opposed to a period of twenty-four hours, which is fixed).

(c)The Tana demonstrates the case of 'Lehakel' with the example of 'Leilei Shabbos u've'Yom ha'Shabbos ... ', even though the same applies to a weekday - to teach us that Hafaras Nedarim can be performed even on Shabbos (even when it is not for the needs of Shabbos, as we shall see later).

(d)In the Seifa, despite the fact that the Tana is demonstrating the case of 'Lehachmir', he says 'Mefer ad she'Lo Techshach' rather than 'Eino Mefer Ela ad she'Techshach' (which appears to be more appropriate) - to stress the fact that even though the Neder is obviously not for the needs of Shabbos, the husband or the father may still annul it.

6)

(a)The author of our Mishnah is the Tana Kama of a Beraisa. What do Rebbi b'Rebbi Yehudah and Rebbi Elazar b'Rebbi Shimon say there?

(b)The Tana Kama derives his opinion from the Pasuk in Matos "b'Yom Sham'o". What is the source of Rebbi b'Rebbi Yehudah and Rebbi Elazar b'Rebbi Shimon?

(c)According to the Tana Kama, why does the Torah need to write "mi'Yom el Yom"? What would we have thought had it only written "b'Yom Sham'o"?

(d)And why does the Torah need to write "b'Yom Sham'o" according to Rebbi b'Rebbi Yehudah and Rebbi Elazar b'Rebbi Shimon? What would we have thought had it only written "mi'Yom el Yom"?

6)

(a)The author of our Mishnah is the Tana Kama of a Beraisa. According to Rebbi b'Rebbi Yehudah and Rebbi Elazar b'Rebbi Shimon there - the husband and the father have 'me'Es l'Es (twenty-four hours) in which to make Hafaras Nedarim.

(b)The Tana Kama derives his opinion from the Pasuk in Matos "b'Yom Sham'o", whereas Rebbi b'Rebbi Yehudah and Rebbi Elazar b'Rebbi Shimon derive theirs from - "mi'Yom el Yom" (Ibid.).

(c)According to the Tana Kama, the Torah needs to write "mi'Yom el Yom" - because from "b'Yom Sham'o" alone - we would have thought that Hafaras Nedarim must be performed by day.

(d)And according to Rebbi b'Rebbi Yehudah and Rebbi Elazar b'Rebbi Shimon, the Torah needs to write "b'Yom Sham'o", because had it only written "mi'Yom el Yom" - we would have thought that one has a whole week in which to annul it, from day to day.

7)

(a)Rebbi Shimon ben Pazi Amar Rebbi Yehoshua ben Levi ruled 'not like that pair'. What did Rav say to Levi when he wanted to make Hafaras Nedarim after nightfall?

(b)Chiya bar Ashi would shoot arrows as he performed Hataras Nedarim, and Rabah bar Rav Huna would sit or stand, as he pleased. What does this teach us?

7)

(a)Rebbi Shimon ben Pazi Amar Rebbi Yehoshua ben Levi ruled 'not like that pair'. When Levi wanted to make Hafaras Nedarim after nightfall - Rav informed him that his uncle (Rebbi Chiya) too ruled 'not like that pair.

(b)Chiya bar Ashi would shoot arrows as he performed Hataras Nedarim, and Rabah bar Rav Huna would sit or stand, as he pleased - which comes to teach us that both of them performed Hataras Nedarim casually (the latter would otherwise have sat down, in order to concentrate better). From this we learn that they hold 'Poschin ba'Charatah' (which does not require the same degree of concentration as a proper Pesach does).

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