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NEDARIM 80

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NEDARIM 80 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

SUMMARY

If a wife makes a Neder prohibiting from washing forever, if she washes today, the husband may annul the Neder according to the Rabanan.
 
Rebbi Yosi holds that not washing for one day is not Inuy Nefesh and he may not annul the Neder. (1)
 
If a wife makes a Shevu'ah that she won't wash it is a Neder of Inuy Nefesh according to the Rabanan.
 
Rebbi Yosi holds that it is not a Neder of Inuy Nefesh; instead it is a Neder of Beino l'Beinah.
 
If a wife says that I am prohibiting benefit from my cosmetics, if I use cosmetics today, the husband may annul the Neder according to the Rabanan.
 
Rebbi Yosi holds that not using cosmetics for one day is not Inuy Nefesh and the husband may not annul the Neder.
 
If someone says k'Nidrei Resha'im it is a valid Neder, Nezirus, Shevu'ah or Korban.
 
A person who eat drinks or does Melachah on Yom Kipur is Chayav Kares.
 
Washing, rubbing oil and wearing shoes is Asur on Yom Kipur, but there is no Chiyuv Kares.
 
The townspeople have priority to use their own spring before any other towns, if both towns need it for the same purpose.
 
If the other town needs the spring for drinking and the town that owns the spring needs it for laundry the other town has priority. (2)
 
Rebbi Yosi holds that the town that has the spring has priority even though they need it for laundry and the other town needs it for drinking.

A BIT MORE

1. Since it is not Inuy Nefesh and it is not Beino l'Beinah the husband does not have the right to annul the Neder.
 
2. Because a person's own life has priority over someone else's life.

BRIEF INSIGHT

WASHING ON YOM KIPUR
 
The Gemara asks that if not washing is regarded as Inuy why is there no Chiyuv Kares for washing on Yom Kipur. Tosfos asks that if washing is not an Inuy it should not be prohibited at all because the source that washing is prohibited is from the Pasuk that says that that on Yom Kipur we shall afflict our souls. Tosfos answers that the Isur for washing on Yom Kipur is mid'Rabanan and the Pasuk is only an Asmachtah and if washing is not an Inuy why would it be prohibited at all.

QUICK HALACHAH

YOM KIPUR
 
The night of Yom Kipur is the same as the day regarding all of the Dinim. What are the prohibited activities? Melachah, eating, drinking, washing, rubbing oil, wearing shoes and marital relations. The Chiyuv Kares only applies to Melachah, eating and drinking. (Shulchan Aruch OC 611:1)
 
It is a Machlokes Rishonim whether the other prohibitions are Asur mid'Oraisa or mid'Rabanan. (Mishnah Berurah)

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