Mishnah 1
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1)

(a)The Mishnah declares all Kinuyei Nedarim like Nedarim, Charamim like Charamim, Shevu'os like Shevu'os and Neziros like Neziros' (which will all be explained shortly). What must we insert before 'Kol Kinuyei Nedarim ki'Nedarim'? (See Tos. Yom-Tov)?

(b)What is the definition of 'Yados' in this context?

(c)Why is it called 'Yados'?

(d)If for example, Reuven says to Shimon 'I am Mudar or Mufrash (separated) from you', what makes it a Yad (See Tiferes Yisrael [See also next question])?

1)

(a)The Mishnah declares all Kinuyei Nedarim like Nedarim, Charamim like Charamim, Shevu'os like Shevu'os and Neziros, like Neziros' (which will all be explained shortly). Before 'Kol Kinuyei Nedarim ki'Nedarim', we must insert - 'Kol Yados Nedarim ki'Nedarim' (See Tos. Yom-Tov).

(b)The definition of 'Yados' in this context is - where one declares the beginning of the Neder without completing it (as will be explained shortly) ...

(c)... like a person who holds a vessels by its handle, even though he is not holding the actual vessel in his hand.

(d)If for example, Reuven says to Shimon 'I am Mudar or Mufrash (separated) from you', it is a Yad (See Tiferes Yisrael [See also next question]) - since he did not insert 'like a Korban' (or at least 'Asur alai') which is an integral part of the Neder (Tos. Yom-Tov).

2)

(a)With regard to Yados, what must Reuven still add after declaring 'Mudrani mimach, Mufr'shani mimach or Meruchakani mimach', for the Neder to incorporate eating and other kinds of Hana'ah?

(b)Otherwise, what is the implication of ...

1. ... 'Mudrani mimach'?

2. ... 'Mufr'shani mimach'?

3. ... 'Meruchakani mimach'?

(c)Why is that?

(d)What does the Tana mean when he says with regard to 'Menudeh (from the Lashon 'Niduy') Ani lach', 'Rebbi Akiva Hayah Chochech ba'Zeh Lehachmir'?

(e)What do the Rabbanan say (See Tiferes Yisrael)?

2)

(a)With regard to Yados, after declaring 'Mudrani mimach, Mufr'shani mimach or Meruchakani mimach', for the Neder to incorporate eating and other kinds of Hana'ah Reuven must still add - 'she'Eini Ochel lach' or she'Eini To'em lach'.

(b)Otherwise ...

1. ... 'Mudrani mimach' implies - that he will not speak with him ....

2. ... 'Mufr'shani mimach' - that he will not do business with him, and ...

3. ... 'Meruchakani mimach' - that he will not sit within his four Amos ...

(c)... due the principle 'Yadayim she'Einan Mochichos (an ambiguous Yad) Lo Havyan Yadayim' [See Tos. Yom-Tov DH 'she'Eini Ochel']).

(d)When the Tana says with regard to 'Menudeh (from the Lashon 'Niduy') Ani lach', 'Rebbi Akiva Hayah Chochech ba'Zeh Lehachmir', he means that - he rubbed his lips together (because he was uncertain), though he believed that the Neder takes effect (See Tos. Yom-Tov DH 'Menudeh ... ' & 'Lehachmir').

(e)The Rabbanan maintain - that it does not.

3)

(a)When the Tana refers to someone who is Noder be'Nazir, be'Korban u'bi'Shevu'ah', what exactly is the Neder (See Tos. Yom-Tov)?

(b)What are the ramifications of ...

1. ... 'be'Nazir'?

2. ... 'be'Korban'?

(c)What is the definition of ...

1. ... a Neder?

2. ... a Nedavah?

(d)What is therefore the significance of the Noder's opening words 'ke'Nidrei Resha'im'?

3)

(a)When the Tana refers to someone who is Noder be'Nazir, be'Korban or bi'Shevu'ah', he means to say - that if, for example, he eats a certain loaf , he will become a Nazir, bring a Korban for eating the loaf and one for breaking his Shevu'ah.

(b)The ramifications of ...

1. ... 'be'Nazir' are - that he will become a Nazir for thirty days.

2. ... 'be'Korban' are - that he is obligated to bring an Asham Me'ilos (since he declared the loaf forbidden like Hekdesh).

(c)The definition of ...

1. ... a Neder is - where the Noder says 'Harei Alai' (thereby taking upon himself the responsibility to bring the Korban, come what may).

2. ... a Nedavah is - where he says 'Harei Zu' (exempting himself from liability, should anything happen to the animal).

(d)Consequently, the significance of the Noder's opening words 'ke'Nidrei Resha'im' is - that the loaf that he is taking a vow not to eat, resembles the Nedarim of Resha'im (a title given to people who make Nedarim).

4)

(a)What would the Din therefore be if he began with the words 'ke'Nidrei Kesheirim'?

(b)Why is that?

(c)Once he uses the word 'Kesheirim', what would he have to say for the Neder to take effect?

(d)Why is every Neder of a Nazir per se not considered a Neder Resha'im?

(e)How do the Kesheirim avoid the possibility of problems caused by something happening to their Korban.

4)

(a)Whereas if he were to began with the words 'ke'Nidrei Kesheirim' - his Neder would not be valid ...

(b)... since Kesheirim - do not make Nedarim, in case they come to transgress the La'av of bal Te'acher.

(c)Once he uses the word 'Kesheirim', for the Neder to take effect, he would have to replace 'ke'Nidrei ... ' with 'ke'Nidvos ... '.

(d)Every Neder of a Nazir per se is not considered a Neder Resha'im - because sometimes a person becomes a Nazir as a means to avoid various other transgressions (See Tos. Yom-Tov).

(e)The Kesheirim avoid the possibility of problems caused by something happening to their Korban - by declaring the animal a Nedavah only after they have brought it to the Azarah.

Mishnah 2
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5)

(a)What does the Mishnah say about 'Konam, Konach and Konas'?

(b)What exactly, does the Tana mean?

(c)In the same vein, what does the Mishnah say about ...

1. ... 'Cheirek, Cheiref and Cheirech'?

2. ... 'Nazik, Nazi'ach and Pazi'ach'?

3. ... 'Shevusah and Shekukah'?

(d)And finally, the Tana cites 'be'Musa' as a Kinuy of be'Mumsa'. What is the significance of 'be'Mumsa'?

(e)What do all the above expressions have in common that renders them Kinuyin?

5)

(a)The Mishnah describes 'Konam, Konach and Konas' as - Kinuyim le'Korban ...

(b)... meaning - that if the Noder declares a loaf of bread Asur on himself like a Konam ('Konan alai Kikar zeh') for example, that it is as if he said Korban and the Neder takes effect on the loaf.

(c)In the same vein, the Mishnah describes ...

1. ... 'Cheirek, Cheiref and Cheirech' as - a Kinuy of Cherem ...

2. ... 'Nazik, Nazi'ach and Pazi'ach' - as a Kinuy of Nezirus and

3. ... 'Shevusah and Shekukah' - as a Kinuy of Shevu'ah.

(d)And finally, the Tana cites 'be'Musa' as a Kinuy of be'Mumsa' - which is Unklus' translation of Shevu'ah.

(e)What renders all the above expressions Kinuyin is - the fact that they are all nicknames or foreign words that depict the various terms of prohibition (either vis-a-vis Korbanos or oaths), Korban, Cheirem, Nazir and Shevu'ah, respectively (See Tos. Yom-Tov).

Mishnah 3
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6)

(a)If Reuven says to Shimon 'Lo Chulin (or Lo Kasher) Lo Ochal lach', what does he really mean to say?

(b)On what grounds is his Neder effective? What does 'Lo Chulin' (or 'Lo Kasher') imply?

(c)Others have the text 'la'Chulin' (or 'la'Kasher' [See Tos. Yom-Tov]). Why there too, is his Neder effective?

6)

(a)If Reuven says to Shimon 'Lo Chulin (or Lo Kasher) Lo Ochal lach'- he really means to say that whatever he eats of Shimon's will not be Chulin (or will not be Kasher) ...

(b)... but Kodesh (based on the principle 'mi'Chelal La'av atah Shome'a Hein' [See Tos. Yom-Tov]).

(c)Others have the text 'la'Chulin' (or 'la'Kasher') - which implies 'Lo Chulin' (or 'Lo Kasher'), with the same implied inference.

7)

(a)The Mishnah continues 'Lo D'chei' or 'Tahor' (See Tos. Yom-Tov), 'Tamei', 'Nosar' or 'Pigul' (See Tos. Yom-Tov). What does 'Lo D'chei' mean?

(b)We have a precedent for the word 'D'chei' in Avodah-Zarah 'Ayil Kamtza Dachan'. What does it mean?

(c)What problem do we have with the inclusion of 'Lo Dachan' in the current list?

(d)In that case, why/based on which principle is the Neder nevertheless effective?

(e)The basic principle that pertains to all the cases listed by the Tana is that the Noder must be Matfis be'Davar ha'Nadur. What is the meaning of ...

1. ... 'Matfis'?

2. ... 'Davar ha'Nadur'?

7)

(a)The Mishnah continues 'Lo D'chei' - (i.e. not Mutar) or 'Tahor' (See Tos. Yom-Tov), 'Tamei', 'Nosar' or 'Pigul' (See Tos. Yom-Tov).

(b)We have a precedent for the word 'D'chei' in Avodah-Zarah, 'Ayil Kamtza Dachan', which means - that a certain locust known as 'Ayil Kamtza is permitted (to eat)'.

(c)The inclusion of 'Lo D'chei' in the current list is - that 'Mutar' and 'Asur' pertain equally to Neveilah and T'reifah (which is not a Davar ha'Nadur [which will be explained shortly).

(d)The Neder is nevertheless effective - seeing as a. they apply to Kodshim as well, and b. based on the principle - 'S'tam Nedarim Lehachmir' (that wherever there is a Safek in the realm of Nedarim we go Lehachmir).

(e)The basic principle that pertains to all the cases listed by the Tana is that the Noder must be ...

1. ... 'Matfis' - link the Neder ...

2. ... 'be'Davar ha'Nadur'- to an Isur that is man-made (by means of a Neder (such as a Korban) and not imposed by the Torah (such as a T'reifah).

8)

(a)The Tana adds a second list to the above one, incorporating 'ka'Imra', 'ka'Dirim', 'ka'Eitzim', 'ka'Ishim', ka'Mizbeach', ka'Heichal' and ki'Yerushalayim'. If 'ka'Eitzim' refers to the wood and 'ka'Ishim' to the Korbanos, that go on the Mizbe'ach, what is the meaning of ...

1. ... 'ka'Imra'?

2. ... 'ka'Dirim'?

(b)'ka'Heichal' implies like the Korbanos that are brought in the Heichal, and 'ki'Yerushalayim', like the Korbanos that are brought in Yerushalayim (See Tos. Yom-Tov). What else might 'ki'Yerushalayim' mean?

(c)Why is the Neder effective in the latter case? What must this Tana hold that causes him to maintain that the walls of Yerushalayim fall under the category of 'Davar ha'Nadur'?

8)

(a)The Tana adds a second list to the above one, incorporating 'ka'Imra', 'ka'Dirim', 'ka'Eitzim', 'ka'Ishim', ka'Mizbeach', ka'Heichal' and ki'Yerushalayim'. 'ka'Eitzim' refers to the wood (See Tos. Yom-Tov) and 'ka'Ishim' to the Korbanos (See Tos. Yom-Tov), that go on the Mizbe'ach,...

1. ... 'ka'Imra' means - like the lamb of a Korban (Tos. Yom-Tov) and ...

2. ... 'ka'Dirim' - like the chambers where the wood for the Korbanos and the lambs for the Korban Tamid are kept.

(b)'ka'Heichal' implies like the Korbanos that are brought in the Heichal, and 'ki'Yerushalayim', like the Korbanos that are brought in Yerushalayim (See Tos. Yom-Tov) or - like the walls of Yerushalayim.

(c)The Neder is effective in the latter case - because this Tana holds that - the walls of Yerushalayim were constructed with materials purchased with the leftovers from the T'rumas ha'Lishkah (which comprised the half-Shekalim that were donated by the people, and which therefore fell under the category of 'Davar ha'Nadur').

9)

(a)The last item on the current list is 'Echad mi'Kol Meshamshei ha'Mizbe'ach'. What, for example, does this include?

(b)Does it matter that, in all the above cases, the Noder did not actually mention 'Korban' (which is the Davar ha'Nadur via which he is actually Matfis)?

(c)Rebbi Yehudah says that if the Noder states in his Neder 'Yerushalayim', his Neder is not effective. What exactly does he mean?

(d)What does the Tana Kama hold?

(e)Like whom is the Halachah?

9)

(a)The last item on the current list is 'Echad mi'Kol Meshamshei ha'Mizbe'ach' - such as the large forks, the bowls and the fire-pans that were used on the Mizbe'ach.

(b)The fact that, in all the above cases, the Noder did not actually mention 'Korban' (which is the Davar ha'Nadur via which he is actually Matfis) does not matter, since it is as if he did (See Tos. Yom-Tov).

(c)Rebbi Yehudah says that if the Noder states in his Neder 'Yerushalayim', his Neder is not effective - since he did not add the prefix 'ki'.

(d)The Tana Kama holds - that it is ...

(e)The Halachah is - like the Tana Kama.

Mishnah 4
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10)

(a)What does the Tana say about someone who declares 'Korban, Olah, Minchah, Chatas Todah or Shelamim she'Eini Ochal lach'?

(b)All of these are Korb'nos Chovah (See Tos. Yom-Tov). On what grounds is the Korban Todah, which is voluntary, a Chovah?

(c)Rebbi Yehudah disagrees. What is his reason?

10)

(a)The Tana rules that someone who declares 'Korban, Olah, Minchah, Chatas Todah or Shelamim she'Eini Ochal lach - Asur'.

(b)All of these are Korb'nos Chovah (See Tos. Yom-Tov). Even though the Korban Todah is voluntary, it is considered a Chovah - since Chazal have said that 'There are four people who need to thank Hashem'.

(c)Rebbi Yehudah disagrees - because, since the Noder failed to add a 'Kaf' 'ke'Olah, ke'Minchah', it is as if he is swearing by the life of the Korban ... [See Tiferes Yisrael]).

11)

(a)The Mishnah continues 'ha'Korban, ke'Korban, Korban she'Ochal lach, Asur'. We have already learned most of these cases previously. Which of them is then the Chidush?

(b)Why would we have thought that the Neder is nor effective?

(c)How do we reconcile this with the Mishnah in the second Perek, which rules 'ha'Korban she'Ochal lach, Mutar'.

11)

(a)The Mishnah continues 'ha'Korban, ke'Korban, Korban she'Ochal lach, Asur'. We have already learned most of these cases previously, and the Chidush lies in 'ha'Korban' ...

(b)... which we would otherwise have thought means 'by the life of the Korban'.

(c)To reconcile this with the Mishnah in the second Perek, which rules 'ha'Korban she'Ochal lach, Mutar' - we amend that to 'Hei Korban ... ', which implies by the life of the Korban, and which is therefore not valid.

12)

(a)According to the Chachamim, 'la'Korban Lo Ochal lach' is not effective. What does Rebbi Meir say?

(b)What is his reason?

(c)Like whom is the Halachah?

12)

(a)According to the Chachamim, 'le'Korban Lo Ochal lach' is not effective. Rebbi Meir maintains - that it is ...

(b)... because it is as if he said 'It (your loaf) will be a Korban; therefore I will not eat it' (See Tos. Yom-Tov, and Perek 2, Mishnah 2).

(c)The Halachah Is - like the Chachamim (See Tos. Yom-Tov).

13)

(a)How do we initially explain the statement 'Konam Pi ha'Medaber imach'?

(b)What is problematic with the Mishnah's ruling 'Asur'?

(c)How do we solve the problem?

(d)In similar vein, what does the Tana rule regarding someone who declares Konam Yadi Osah imach' or 'Konam Raglai Mehalchos imach'?

13)

(a)Initially, we explain the statement 'Konam Pi ha'Medaber imach' to meanthat - the Noder is forbidding on himself the words that his friend will utter.

(b)The problem with the Mishnah's ruling 'Asur' is that - Nedarim do not take effect on abstract things.

(c)To solve it, we explain - that the Noder means to forbid the mouth itself (See Tos.Yom-Tov).

(d)In similar vein, the Tana rules that if someone declares 'Konam Yadi Osah imach' or 'Konam Raglai Mehalchos imach' - he is referring to the actual hands and feet of his friend, and his Neder is therefore effective.

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