REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
Rebbi Meir: It is a Mitzvah to carry out the will of the deceased.
Even if a father instructs not to give his orphan children more than one Shekel per week from the inheritance, they are provided with all of their needs. (1)
Children at least nine years old may buy and sell movable goods. (2)
A man makes a Neder that his wife may not benefit from him for thirty days or less. He may provide for her via an agent. (3)
If the Neder is for thirty days or more, he must divorce her. Rebbi Yehudah says that if he is a Kohen, he must divorce her only if the Neder is for more than two months.
If a wife makes a Neder prohibiting her handiwork on her husband, there is no need to annul the Neder. (4)
A husband may tell his wife that she should use the proceeds of her handiwork to buy her own Mezonos. (5)
Rav Huna: A woman may tell her husband, "I do not need your Mezonos and I am not giving you my handiwork."
A Shali'ach may be relied upon to carry out his Shelichus only up to thirty days.
If a Chasan makes a Neder prohibiting his Kalah from benefiting from him and they subsequently marry, she may not claim, "I thought I could handle it but now I realize that I cannot."
If a Kalah gets married with the knowledge that her Chasan has Mumim (blemishes) she may not claim, "I thought I could handle it, but now I realize that I cannot."
If a husband says, "Whoever feeds my wife will not lose out," the person who feeds her is not considered his Shali'ach.
If one was thrown into a pit and he calls out, "Whoever hears my voice should write a get to my wife," a Get may be written on the basis of this directive.
If a fire breaks out in one's house on Shabbos, he may say to a Nochri that whoever puts out the fire will not lose. (6)
If one tells his neighborhood grocer, "My friend made a vow and I do not know what to do for him," and then the grocer provides his friend with food, the grocer is not considered his Shali'ach.
Two people are traveling and one of them vows not to derive benefit from the other. The other may give food to a third person as a gift, and then the avowed may take the food from that person. (7)
A BIT MORE
1. Even though it is a Mitzvah to carry out the will of the deceased, in this case we assume that it was his will that his children be provided with all of their needs, and when he said to give them only a Shekel he was merely attempting to ensure that they do not overspend the money of their inheritance.
2. Their buying and selling is valid only if they have no caretaker. If they have a caretaker, they may not buy and sell.
3. Even though the husband is obligated to provide for his wife, the Neder takes effect if he tells his wife to use the proceeds of her handiwork for her provisions. Alternatively, the Neder takes effect if he made the Neder while she is an Arusah after twelve months have passed from the time of the Eirusin. Since the obligation for the Chasan to feed his Arusah after 12 months is only mid'Rabanan, the Neder takes effect.
4. Since the wife is obligated to give her handiwork to her husband, she does not have the right to prohibit it on him.
5. If the proceeds are not sufficient for her needs, the husband must provide her with the difference.
6. Even though it is forbidden to instruct a non-Jew to do a Melachah for you on Shabbos however the Chachamim allow him to instruct the non-Jew in this fashion because of the fear that if they do not allow him to do so he may be so flustered by the potential loss of money and he will put out the fire himself.
7. Tana Kama: If there is no third person, he may place it on a rock and say that it is Hefker for anyone who wants it. Rebbi Yosi: He may not do that.
|
BRIEF INSIGHT
The Gemara says that if the husband makes a Neder that his wife may not benefit from him, he may support her via a third party by saying that whoever feeds her will not lose out. If one does feed her based on this implied promise, the husband is not obligated to pay him anything. Had the husband been obligated to pay, the person would have been regarded as his Shali'ach and the Neder would have forbidden the Shali'ach to provide for the man's wife. Similarly, if one tells his neighborhood grocer, "My friend made a vow and I do not know what to do for him," and then the grocer provides his friend with food, the grocer is not considered his Shali'ach. If the grocer provides the friend with food, he is not obligated to pay the grocer even though he implied that he would pay for the food. Since he is not obligated to pay the grocer, the grocer is not considered his Shali'ach and therefore it is permitted. (Ritva, Re'ah)
QUICK HALACHAH
It is permissible to tell a Nochri that whoever put out the fire will not lose. If the Nochri is not present, it is permitted to call him over even though he definitely will put out the fire when he arrives. The same is true for other forms of sudden damage when there is a potential loss of money. For example, if a barrel of wine is cracking [and the wine is starting to drip out], it would be permitted to call over a Nochri even though he definitely will fix the barrel when he arrives. (Shulchan Aruch OC 334:26)
The Sages permitted us to instruct a non-Jew in this manner because of the concern that the potential loss of money may cause the Jew to put out the fire himself or to fix the damage himself. However regarding all other Melachos it is forbidden to tell a non-Jew that if you do the Melachah you will not lose. (Mishnah Berurah)
|
Next Daf
Index to Revach for Maseches Kesuvos
|
