NEDARIM 22 (28 Sivan) - dedicated to the memory of Hagaon Rav Yisroel Zev (ben Rav Avrohom Tzvi) Gustman, ZT'L, Rosh Yeshiva of Yeshivas Netzach Yisrael-Ramailes (in Vilna, Brooklyn, and then Yerushalayim), author of Kuntresei Shi'urim, and renowned Dayan in pre-war and post-war Vilna, in honor of his Yahrzeit (28 Sivan). Dedicated by Talmidim who merited to study under him in Yerushalayim: Harav Eliezer Stern and Harav Zalman Stern of Brooklyn NY, Rav Avraham Feldman, Yechiel Wachtel, Michoel Starr and Dr. Yehoshua Daniel of Yerushalayim.
12TH CYCLE DEDICATION
NEDARIM 22 - Dedicated by Yeshayahu Schmidt and family of Clifton, NJ. May the Zechus of teaching Torah to many thousands assure them good health and the fulfillment all of their material needs, allowing them to continue dedicating their energy to Torah and Mitzvos and to merit unlimited Berachah in this world and the next!

1)

(a)What does Rebbi Aba learn from the Pasuk in Mishlei "v'Acharei Nedarim Levaker"?

(b)Based on this Derashah, how did Rebbi Yanai the Elder annul the Neder of his granddaughter?

(c)How did Raban Gamliel, in similar fashion, annul the Neder of an old man, based on the Pasuk there "Yesh Boteh k'Madkeiros Cherev"? What did he learn from ...

1. ... this Pasuk?

2. ... its continuation "v'Lashon Chachamim Marpei"?

(d)Why do we not follow in the footsteps of Rebbi Yanai the Elder and Raban Gamliel, and use the above as Pesachim (to induce Charatah) to annul Nedarim?

1)

(a)Rebbi Aba learns from the Pasuk in Mishlei "v'Acharei Nedarim Levaker" - that when someone declares a Neder, intimating that he is so pious that he will not stumble over it, they open his book of deeds, to examine him and ascertain that he is really as worthy as he makes himself out to be.

(b)Based on this Derashah, Rebbi Yanai the Elder annulled the Neder of his granddaughter - by asking her whether, had she known that to be the case, she would still have made the Neder.

(c)In similar fashion, Raban Gamliel annulled the Neder of an old man, based on the Pasuk there "Yesh Boteh k'Madkeiros Cherev". He learned from ...

1. ... this Pasuk - that someone who declares a Neder deserves to be pierced with a sword.

2. ... its continuation "v'Lashon Chachamim Marpei" - that the best antidote is to have it annulled by the Chachamim.

(d)We do not follow in the footsteps of Rebbi Yanai the Elder and Raban Gamliel, and use the above as Pesachim (to induce Charatah) to annul Nedarim - because we are afraid that he will declare himself sorry for having made the Neder purely out of embarrassment (see Rosh DH 'v'Lo Paschinan'), without really meaning it.

2)

(a)In what way does Rebbi Nasan compare someone who ...

1. ... declares a Neder to someone who builds a Bamah?

2. ... fulfills it to one who sacrificed on it?

(b)According to Rav Kahana's version, everyone agrees that one can use the first half of Rebbi Nasan's statement ('One who builds a Bamah ... ') as a Pesach. Abaye permits even the use of the second half ('One who sacrifices on it ... '). What does Rava say?

(c)According to Rav Tivyumi, they both agree that one cannot use the second half of Rebbi Nasan's statement as a Pesach. What is the Halachah?

2)

(a)Rebbi Nasan compares someone who ...

1. ... declares a Neder to someone who builds a Bamah - because someone who builds a Bamah, thinks he is performing a Mitzvah, whereas, in fact, the Torah restricted Korbanos to the boundaries of the Beis-Hamikdash, turning his Mitzvah into an Aveirah. In the same way someone who declares a Neder, thinks that he is performing a Mitzvah, by adding to the Torah's prohibitions, when the Torah forbids it, and he is in fact, performing an Aveirah.

2. ... fulfills it to one who sacrificed on it - because just like sacrificing on the Bamah that he built is an additional sin, so too, is fulfilling the Neder that he made, when he should have annulled it.

(b)According to Rav Kahana's version, everyone agrees that one can use the first half of Rebbi Nasan's statement ('One who builds a Bamah ... ') as a Pesach. Abaye permits even the use of the second half ('One who sacrifices on it ... ') - Rava forbids it.

(c)According to Rav Tivyumi, they both agree that one cannot use the second half of Rebbi Nasan's statement as a Pesach. The Halachah is - that one may use neither, (like Rava) because he will be too embarrassed to admit that he insists on retaining the Neder in spite of it all (as we just explained).

3)

(a)For similar reasons, one cannot use as a Pesach to annul Nedarim, the Derashah of Shmuel. What does Shmuel learn from the 'Gezeirah-Shavah "v'Chi Sechdal Lindor, Lo Yiheyeh Becha Chet" "Shem Resha'im Chidlu Rogez"?

(b)Which Mishnah in the first Perek lends support to this Derashah?

3)

(a)For similar reasons, one cannot use as a Pesach to annul Nedarim, the Derashah of Shmuel, who learns from the 'Gezeirah-Shavah "v'Chi Sechdal Lindor, Lo Yiheyeh Becha Chet" (Ki Setzei) "Shem Resha'im Chidlu Rogez" (Iyov) - that someone who declares a Neder is called a Rasha (even if he subsequently fulfills it).

(b)The Mishnah in the first Perek which lends support to this Derashah is - 'k'Nidrei Kesherim, Lo Amar Klum; k'Nidrei Resha'im, Nadar b'Nazir ... '.

4)

(a)What does Rebbi Shmuel bar Nachmani Amar Rebbi Yonasan (or Yochanan) learn from the Pasuk in Koheles "v'Haser Ka'as mi'Libcha, v'Ha'aver Ra'ah mi'Besarcha"?

(b)Why does anger merit such a severe punishment?

(c)What can a person who is constantly angry also expect?

(d)How do we learn this from the Pasuk in Ki Savo "v'Nasan Lecha Sham Lev Ragaz, v'Chilyon Einayim v'Da'avon Nefesh"?

4)

(a)Rebbi Shmuel bar Nachmani Amar Rebbi Yonasan (or Yochanan) learns from the Pasuk "v'Haser Ka'as mi'Libcha, v'Ha'aver Ra'ah mi'Besarcha" - that anger leads a person to Gehinom.

(b)Anger merits such a severe punishment - because it causes a person to deny Hash-m (as Chazal say in Shabbos - because someone who is gripped by anger loses total control of himself).

(c)A person who is constantly angry can also expect - abdominal problems.

(d)We learn this from the Pasuk "v'Nasan Lecha Sham Lev Ragaz, v'Chilyon Einayim v'Da'avon Nefesh" - because it is abdominal problems that leads to "Chilyon Einayim" (deterioration of one's eye-sight) and "Da'avon Nefesh" (hopelessness).

5)

(a)What did Ula reply to one the two Bnei Chuza'a accompanying Ula to Eretz Yisrael, when he asked him whether he had done well in slaughtering his friend?

(b)Upon his arrival in Eretz Yisrael, Rebbi Yochanan reassured Ula that he had done the right thing in saving his own life. What had bothered him about his own reply to the man from Chuza'a?

(c)How did Ula in turn, reassure Rebbi Yochanan, who quoting the Pasuk "v'Nasan Hash-m Lecha Sham Lev Ragaz" (implying that such tempers were confined to Bavel, and did not extend to Eretz Yisrael), expressed surprise that the man from Chuza'a had displayed such a temper in Eretz Yisrael?

5)

(a)When one of the two Bnei Chuza'a accompanying him to Eretz Yisrael, asked him whether he had done well in slaughtering his friend - he replied in the affirmative, and then advised him to cut open the throat to ensure his quick death.

(b)Upon his arrival in Eretz Yisrael, Rebbi Yochanan reassured Ula that he had done the right thing in saving his own life. What had bothered him about his own reply to the man from Chuza'a was - that he may have been guilty of encouraging a sinner to continue sinning.

(c)Ula in turn, reassured Rebbi Yochanan, who quoting the Pasuk "v'Nasan Hash-m Lecha Sham Lev Ragaz" (implying that such tempers were confined to Bavel, and did not extend to Eretz Yisrael), expressed surprise that the man from Chuza'a had displayed such a temper in Eretz Yisrael - by pointing out that the incident took place before they had crossed the River Yarden, so that they had not yet entered Eretz Yisrael proper (because Ever ha'Yarden was not sanctified with regard to bringing the Omer and the Shtei ha'Lechem and other matters (See Gilyon ha'Shas).

22b----------------------------------------22b

6)

(a)What does ...

1. ... Rabah bar Rav Huna learn from the Pasuk in Tehilim "Rasha k'Govah Apo, bal Yidrosh Ein Elokim Kol Mezimosav"?

2. ... Rav Yirmeyahu mi'Difti learn from the Pasuk in Koheles "ki Ka'as b'Cheik Kesilim Yanu'ach" and "u'Chesil Yifros Iveles"?

3. ... Rav Nachman bar Yitzchak learn from the Pasuk in Mishlei "u'Ba'al Cheimah Rav Pesha"?

(b)What does Rav Nachman b'Rebbi Chanina learn from the Pasuk in Koheles "Ki b'Rov Chochmah Rov Ka'as"?

(c)What makes Sefer Yehoshua different than the other Sefarim of Tanach?

6)

(a)What ...

1. ... Rabah bar Rav Huna learns from the Pasuk in Tehilim "Rasha k'Govah Apo, bal Yidrosh Ein Elokim Kol Mezimosav" is - that in the eyes of someone who constantly gets angry, nobody is important, not even the Shechinah.

2. ... Rav Yirmeyahu mi'Difti learns from the Pasuk in Koheles "ki Ka'as b'Chek Kesilim Yanu'ach" and "u'Chesil Yifros Iveles" - that someone who constantly gets angry, both forgets his learning and becomes stupid.

3. ... Rav Nachman bar Yitzchak learns from the Pasuk in Mishlei "u'Ba'al Cheimah Rav Pesha" - that someone who constantly gets angry eventually lands up with more Aveiros than Mitzvos.

(b)Rav Nachman b'Rebbi Chanina learns from the Pasuk in Koheles "Ki b'Rov Chochmah Rov Ka'as" - that it was as a result of all Yisrael's sins that Hash-m needed to give them the rest of Tanach (with the exception of the Chumash and Yehoshua), since it comprises mainly rebukes that resulted from their sins. Note: See Maharatz Chayos. It is also difficult to understand why we would not have received Sefer Tehilim and most of Kesuvim, which do not all contain words of rebuke.

(c)What makes Sefer Yehoshua different than the other Sefarim of Tanach is - the fact that it contains the division of borders of Eretz Yisrael (and not words of rebuke).

7)

(a)On what grounds did Rav Asi forbid the annulment of a Shevu'ah, because the woman who swore used the expression 'b'Elokei Yisrael'?

(b)Why would he have been more lenient had she said b'Mohi? What does 'be'Mohi' mean?

(c)In which case does Rebbi Asi permit annulling even a Neder 'l'Elokei Yisrael?

7)

(a)Rav Asi forbade the annulment of a Shevu'ah, because the woman who swore used the expression 'b'Elokei Yisrael' - since she had the Chutzpah to use Hash-m's Holy Name for making a Shevu'ah.

(b)He would have been more lenient had she said b'Mohi - which is only a Kinuy (a secondary name). Note, that in the first Perek we learned that 'be'Mohi' is a Kinuy for Moshe, and not for Hash-m

(c)Rebbi Asi permits annulling even a Neder 'l'Elokei Yisrael - in a case where a man forbids Hana'ah on his wife using the Name of Hash-m, because he suspects her of having stolen his purse or having struck their son, which requires annulling, due to the importance of Shalom Bayis.

8)

(a)What problem will we have if 'b'Elokei Yisrael' is merely an example of a Shevu'ah, and Rebbi Asi is simply coming to forbid l'Chatchilah the nullification of Shevu'os (over which Beis Shamai and Beis Hillel will argue later)?

(b)We could answer that Rav Asi rejects that interpretation of the Machlokes between Beis Shamai and Beis Hillel. How could we even reconcile Rav Asi with that explanation in a way that he will still learn our Sugya like Beis Hillel?

(c)Why is it preferable to erase the words from Rebbi Asi's statement 'Chutz mi'Konam Ishti ... v'Noda she'Lo Ganvah ... '?

(d)The Rashba might retain that text however, for one of two reasons. One of them, because Rav Asi is simply copying the Lashon of the Mishnah later (but really he is not speaking in that case). What is the other?

8)

(a)The problem will we have if 'b'Elokei Yisrael' is merely an example of a Shevu'ah, and Rebbi Asi is simply coming to forbid l'Chatchilah the nullification of Shevu'os (over which Beis Shamai and Beis Hillel will argue later) is - that Rav Asi will then hold like Beis Shamai.

(b)We could answer that Rav Asi rejects that interpretation of the Machlokes between Beis Shamai and Beis Hillel. We can however, reconcile Rav Asi with that explanation in a way that he will still learn our Sugya like Beis Hillel - by establishing the Machlokes Beis Shamai and Beis Hillel regarding b'Di'eved. Beis Shamai say 'Ein She'eilah' even b'Di'eved (mi'de'Rabanan), and Beis Hillel say 'Yesh She'eilah' b'Di'eved (but not l'Chatchilah).

(c)It is preferable to erase the words from Rav Asi's statement 'Chutz mi'Konam Ishti ... v'Noda she'Lo Ganvah ... ' - because, if it later transpired that she did not steal the purse, then no Hatarah would be necessary.

(d)The Rashba however, retains that text, either because Rav Asi is simply copying the Lashon of the Mishnah later (but really he is not speaking in that case) - or he speaks when the husband explains that he wanted the Neder to take effect, whether his wife was guilty of what he accused her or not (in which case the Neder will be effective, as we learned earlier).

9)

(a)What did Rav Kahana reply, when he arrived at Rav Yosef's house, and the latter invited him to eat by him?

(b)And what did Rav Yosef then mean when he repeated 'Lo, Mari Kulei, Lo Ta'im't Li'?

(c)What does Rava Amar Rav Nachman rule with regard to ...

1. ... 'Poschin ba'Charatah'?

2. ... a Neder or a Shevu'ah made with the Name of Hash-m, assuming he did not hold an object of Mitzvah in his hand?

3. ... a Neder or a Shevu'ah made with the Name of Hash-m, assuming he did hold an object of Mitzvah in his hand?

(d)What does the Gaon say?

9)

(a)When Rav Kahana arrived at Rav Yosef's house, and the latter invited him to eat by him - he replied 'Lo! Mari Kula Lo Ta'imna Lei'!

(b)When Rav Yosef then repeated 'Lo Mari Kulei, Lo Ta'im't Lei', he was not superimposing a prohibition over and above the one that Rav Kahana had already accepted - but rather he was saying that since Rav Kahana had used the Lashon 'Mari Kula' (which is like the Name of Hash-m), his Neder was not subject to nullification and the prohibition to eat from him, would remain intact.

(c)Rava Amar Rav Nachman rules ...

1. ... 'Poschin ba'Charatah'.

2. ... that a Neder or a Shevu'ah made with the Name of Hash-m can be annulled, whether he did not hold an object of Mitzvah in his hand, or whether ...

3. ... he did (seeing as the only significance of doing so was to frighten someone swearing in Beis-Din against swearing falsely).

(d)The Gaon however, is of the opinion - that any Shevu'ah that one makes whilst holding a Sefer-Torah or the Aseres ha'Dibros, cannot be annulled.

10)

(a)What does Rav Hai Gaon say with regard to annulling ...

1. ... Nedarim with Charatah?

2. ... Shevu'os?

(b)Rav Yehudah'i Gaon is even more stringent. What does he say?

(c)Do these stringencies extend to the Hafaras Nedarim of a husband to his wife or to a father to his daughter?

10)

(a)According to Rav Hai Gaon - one may not annul ...

1. ... Nedarim with Charatah (only with a Pesach).

2. ... Shevu'os (only Nedarim) unless it is for a Devar Mitzvah such as making peace between a man and his wife, or for the sake of communal peace.

(b)Rav Yehudah'i Gaon is even more stringent - inasmuch as he prohibits even the nullification of Nedarim with a Pesach, unless it is for a Devar Mitzvah.

(c)These stringencies - do not extend to the Hafaras Nedarim of a husband to his wife or to a father to his daughter.

11)

(a)Why did Rav Nachman ask Rava to send Rav Sechorah to him when the opportunity arose?

(b)On what grounds did Rav Sechorah present himself to Rav Nachman?

(c)Why was Rav Nachman not very impressed with him?

(d)Possibly, Rav Nachman did not annul Rav Sechorah's vow by means of a Pesach shel Charatah (which he himself permitted), because he saw that Rav Sechorah did not go along with that Heter. Why else might he have declined to do so?

11)

(a)Rav Nachman asked Rava to send Rav Sechorah to him when the opportunity arose - in response to Rava's praise of Rav Sechorah, whom he referred to as a great man (to put Rava's words of praise to the test).

(b)Rav Sechorah presented himself to Rav Nachman - to annul a Neder.

(c)Rav Nachman was not very impressed with him - because, every Pesach he suggested to him, he turned down (meaning that he seemed to have made the Neder with the express intention of covering all contingencies. So in anger, Rav Nachman told him to return to his hotel.

(d)Possibly, Rav Nachman did not annul Rav Sechorah's vow by means of a Pesach shel Charatah (which he himself permitted), because he saw that Rav Sechorah did not go along with that Heter. Alternatively, Rav Sechorah might have declined to annul this Neder by means of Charatah - because the Neder comprised something of a Mitzvah (such as fasting for a certain time-period, part of which he had already accomplished), and Charatah would remove the aspect of Mitzvah from the days he had already fasted and deprive him of the reward.

12)

(a)In the end, Rav Sechorah found his own Pesach, based on a statement of Rebbi in a Mishnah in Pirkei Avos. Which Mishnah?

(b)Does this mean that Rav Sechorah annulled his own Neder?

12)

(a)In the end, Rav Sechorah found his own Pesach, based on a statement of Rebbi in a Mishnah in Pirkei Avos - 'Eizo Hi Derech Yesharah she'Yavor Lo ha'Adam? Kol she'Hi Tif'eres l'Osehah, v'Tiferes Lo min ha'Adam' (and causing Rav Nachman to become angry, violated 'v'Tiferes Lo min ha'Adam').

(b)This does not mean that Rav Sechorah annulled his own Neder - but that he found the Pesach for Rav Nachman to annul it.

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