More Discussions for this daf
1. A case of "Bitlo v'Lo Bitlo" 2. Rebbi Yochanan's statement 3. Neder b'Rabim
4. Caterpilars and Cocoons 5. Bitlo v'Lo Bitlo
DAF DISCUSSIONS - MAKOS 16

zalmy kirschenbaum asked:

1) makkos 16a: if you can please explain the difference between ''neder borabim'' and '' neder al dass rabim''.

2) makkos 17a: if you can explain please the ''machlokes'' regarding ''bikurim'' if we say ''hanocha meakeves'' or ''kriah meakeves'' in general,and more specific if you can explain the opinion that ''kriah meakeves'',does it mean that if the person did the ''kriah'' without the ''hanocha'' and then the ''kohen'' ate from it he doesn't receive malkus and the mitzvah was fulfilled ''b'edieved''? if you can please elaborate and explain me the opinions.

thanks allot!

The Kollel replies:

Dear Zalmy,

1) Neder b'Rabim means he took the Neder in public and therefore to do Heter Nedarim is a problem since after the Heter people will still think its forbidden (one explanation). Al Da'as Rabim is "I swear according to the public's understanding" so its not based on my interpretation and I can't use Heter Nedarim to say I meant differently.

2) All agree that Bikurim should have Hanachah and Keri'ah but b'Di'eved there are differences of opinion. The Mishnah 17a says that eating Bikurim without Keri'ah gets Malkos according to Rebbi Akiva and Rebbi Shimon. Otherwise even though it should be done, missing it doesn't ruin the Bikurim since it's only written once in the Torah and also there's no Malkos.

Concerning Hanachah: one opinion learns that both v'Hinicho (Devarim 26:4) and v'Hinachto (26:10) refer to Hanachah. If so its even b'Di'eved no good and receives Malkos (Rambam Bikurim 3:3). But if the second word refers to Tenufah then missing Hanachah is good b'Di'eved.

All the best,

Reuven Weiner