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.

1)

(a)So we establish the case of 'Im Erchatz' as 'Konam Hana'as Rechitzah Alai Im Erchatz'. What basic change has now taken place in our way of thinking?

(b)According to this, why does the Tana say 'Im Erchatz' and not just 'Konam Rechitzah Alai'?

(c)In which point does Rebbi Yosi, who says 'Ein Eilu Nidrei Inuy Nefesh', now argue with the Tana Kama?

(d)We refute this explanation however, on the grounds that Rebbi Yosi should have then said 'Tenai Zeh Ein Bo Inuy Nefesh'. What do we mean by that? How does it disprove our previous theory?

1)

(a)So we establish the case of 'Im Erchatz' as 'Konam Hana'as Rechitzah Alai Im Erchatz'. The basic change that has now taken place in our way of thinking is - that we now consider Rechitzah to be Inuy Nefesh.

(b)The Tana says 'Im Erchatz' and not just 'Konam Rechitzah Alai' - to teach us that even though the first bathing is permitted, the husband is permitted to annul the Neder because long-term, she will become forbidden.

(c)Rebbi Yosi, who says 'Ein Eilu Nidrei Inuy Nefesh' argues with the Tana Kama - inasmuch as he holds that bathing (even permanently) is not considered Inuy Nefesh.

(d)We refute this explanation however, on the grounds that Rebbi Yosi should have then said 'Tenai Zeh Ein Bo Inuy Nefesh'. By saying 'Ein Zeh Inuy Nefesh', explains Rabeinu Yonah, Rebbi Yosi implies that if the Neder would be Inuy Nefesh, the husband would be permitted to annul it at all costs - but that is not true, as we saw at the beginning of the Sugya where we asked 'Lo Tirchatz v'Lo Litseran?' (even though the Neder constitutes Inuy Nefesh).

2)

(a)Does our Sugya hold like Rebbi Nasan, who later in the Perek will require the Neder to have taken effect before the husband (or father) can annul it, or like the Rabanan, who do not differentiate?

(b)That being the case, why did we ask at the beginning of the Sugya 'Lo Tirchatz v'Lo Litseran' (in order to avoid the husband having to annul the Neder)? Why should he nevertheless not annul it, like the Rabanan?

(c)If that is so, on what grounds does Rebbi Akiva permit a husband to annul his wife's Neder 'Hareini Nezirah l'che'she'Esgaresh', seeing as at this point in time, there is neither Inuy Nefesh, nor does the Neder involve Beino l'Veinah?

2)

(a)Seeing as the Rabanan permit the husband to annul the Neder 'Konam Hana'as Rechitzah Alai Im Erchatz', Rabeinu Yonah extrapolates, our Sugya clearly holds like the Rabanan of Rebbi Nasan, who later in the Perek, permit the husband to annul his wife's Nedarim even before they have taken effect.

(b)Nevertheless, we ask at the beginning of the Sugya, 'Lo Tirchatz v'Lo Litseran' (in order to avoid the husband having to annul the Neder) - because (unlike the case of Rebbi Nasan and the Rabanan) it is easy there to avoid the Inuy Nefesh of not eating fruit, by not bathing (which we currently believed not to be a matter of Inuy Nefesh).

(c)Rebbi Akiva nevertheless permits a husband to annul his wife's Neder 'Hareini Nezirah l'che'she'Esgaresh' - because even though at this point in time, there is neither Inuy Nefesh, nor does the Neder involve Beino l'Veinah - nevertheless it does not lie within her power to prevent Inuy Nefesh (like it is by not bathing), should her husband divorce her.

3)

(a)We finally establish our Mishnah when the woman said 'Hana'as Rechitzah Alai Le'olam Im Erchatz ha'Yom'. Why does the Tana Kama say 'Yafer'?

(b)On what grounds does Rebbi Yosi disagree with him?

(c)Not bathing for one day, we just concluded, is not considered Inuy Nefesh according to Rebbi Yosi. Does it fall under the category of 'Devarim she'Beino l'Veinah'?

(d)How will this explain now why Rebbi Yosi did not say 'Tenai Zeh Ein Ein Bo Inuy Nefesh' (like we asked earlier)?

3)

(a)We finally establish our Mishnah when the woman said 'Hana'as Rechitzah Alai Le'olam Im Erchatz ha'Yom'. The Tana Kama, who says 'Yafer' - holds that not to bathe even for just one day is considered 'Nivul' (disgusting) ...

(b)... whereas Rebbi Yosi holds that it is not.

(c)Not bathing for one day, we just concluded, is not considered Inuy Nefesh according to Rebbi Yosi - neither does it fall under the category of 'Devarim she'Beino l'Veinah'.

(d)That is why Rebbi Yosi does not now say 'Tenai Zeh Ein Bo Inuy Nefesh' (like we asked earlier) - because that would imply that there is no Inuy Nefesh, but that it is at least Beino l'Veinah (as we shall see later), whereas not bathing for one day is neither.

4)

(a)Based on the Lashon of Rebbi Yosi 'Ein Eilu Nidrei Inuy Nefesh', from which it appears that Rebbi Yosi argues with the Tana Kama even by permanent Rechitzah, why, according to Rebbi Eliezer mi'Metz, do we say (in explaining Rebbi Yosi's opinion) 'Nivul d'Chad Yoma Lo Sh'mei Nivul'?

(b)How does Rabeinu Yonah explain 'Nivul d'Chad Yoma'? In what way does a Neder not to bathe for one day differ than one not to bathe permanently, according to Rebbi Yosi?

(c)Is there any reason to suppose that Rebbi Yosi might concede that Rechitzah Le'olam falls under the category of Inuy Nefesh?

4)

(a)Based on the Lashon of Rebbi Yosi 'Ein Eilu Nidrei Inuy Nefesh', from which it appears that Rebbi Yosi argues with the Tana Kama even by permanent Rechitzah, Rebbi Eliezer (mi'Metz) explains, we say (in explaining Rebbi Yosi's opinion) 'Nivul d'Chad Yoma Lo Sh'mei Nivul' - not to preclude permanent Rechitzah Le'olam, but as an example.

(b)According to Rabeinu Yonah, the reason that we say 'Nivul d'Chad Yoma ... ' (despite the fact that Rebbi Yosi argues by permanent Rechitzah as well), is - because it is not even considered Beino l'Veinah either (explaining why the husband is not permitted to annul it), whereas Rechitzah Le'olam may not be considered Inuy Nefesh according to Rebbi Yosi, but it does fall under the category of Beino l'Veinah (as we explained).

(c)There is no reason to suppose that Rebbi Yosi might concede that Rechitzah Le'olam falls under the category of Inuy Nefesh - in fact, it is clear from the Sugya on Amud Beis, that he argues with the Tana Kama in all cases of Rechitzah.

80b----------------------------------------80b

5)

(a)Our Mishnah also mentions 'Im Lo Erchatz'. Why can this not be referring to where she says 'Titsar Hana'as Rechitzah Alai Im Lo Erchatz'?

(b)So how does Rav Yehudah initially interpret 'Im Lo Erchatz'?

(c)We reject this explanation however, because then 'Im Lo Eskashet' would not make sense. Why is that? How would we then have to interpret 'Im Lo Eskashet'?

5)

(a)Our Mishnah also mentions 'Im Lo Erchatz'. This cannot be referring to where she says 'Titsar Hana'as Rechitzah Alai Le'olam Im Lo Erchatz ha'Yom' - because then we would let her bathe today to permit her to bathe in the future. Consequently, her husband would not be permitted to annul the Neder.

(b)Rav Yehudah initially interprets 'Im Lo Erchatz' as - 'Hana'as Rechitzah Im Lo Erchatz b'Mei Mishreh'.

(c)We reject this explanation however, because then we would have to explain 'Im Lo Eskashet' to mean 'Im Lo Eskashet b'Neft', a contradiction in terms, because paraffin cannot be called 'Kishut'.

6)

(a)So Rav Yehudah establishes the Reisha of our Mishnah as before. How does he establish the Seifa 'Im Lo Erchatz' and 'Im Lo Eskashet'?

(b)Why does the Tana need to mention both the Reisha (Neder with a condition) and the Seifa (Shevu'ah without a condition)? What is the Chidush ...

1. ... in the Reisha?

2. ... in the Seifa?

(c)Why do some texts omit the word 'ha'Yom' from the Reisha ('Hana'as Rechitzah Le'olam Alai Im Erchatz ha'Yom')?

(d)When Ravina asked Rav Ashi why the Tana then introduced the Mishnah with 've'Eilu Nedarim ... ', without mentioning Shevu'os, he gave one of two possible answers. One of them is to change the text to 'Eilu Nedarim u'Shevu'os'. What is the other?

6)

(a)So Rav Yehudah establishes the Reisha of our Mishnah as before, and the Seifa 'Im Lo Erchatz' and 'Im Lo Eskashet' - by 'Shevu'ah she'Lo Erchatz' and 'Shevu'ah she'Lo Eskashet'.

(b)The Chidush ...

1. ... in the Reisha (which speaks about a Neder with a condition) according to the Rabanan is - to teach us that even though the Neder has not yet taken effect (until the woman performs the condition), her husband can nevertheless annul it.

2. ... in the Seifa (which speaks about a Shevu'ah without a condition) - to teach us that according to Rebbi Yosi, even though the Shevu'ah takes effect immediately, the husband cannot annul it.

(c)Some texts omit the word 'ha'Yom' from the Reisha 'Hana'as Rechitzah Le'olam Alai Im Erchatz ha'Yom' - because it is no longer necessary to insert it. The previous answer inserted it because of the problem why Rebbi Yosi did not say 'Tenai Zeh Ein Bo Inuy Nefesh'. Inserting 'ha'Yom' circumvented this problem, because the Neder then implies that the Neder does fall under the category of 'Beino l'Veinah', which is incorrect by Rechitzah for one day (as we explained above). But now that the Seifa speaks without a Tenai, the Kashya is no longer pertinent.

(d)When Ravina asked Rav Ashi why the Tana then introduced the Mishnah with 've'Eilu Nedarim ... ', without mentioning Shevu'os, he gave one of two possible answers. One of them is to change the text to 'Eilu Nedarim u'Shevu'os' - the other, that Nedarim incorporates Shevu'os, as we learned above in the first Perek.

7)

(a)Based on the Pasuk in Acharei-Mos (in connection with Yom Kippur) "Kol ha'Nefesh Asher Lo Se'uneh ... v'Ha'avadti es ha'Nefesh (Kares)", which of the five Inuyim does the Tana in Yoma include in the Chiyuv Kares on Yom Kippur?

(b)According to the Chachamim, who hold that not bathing is considered Inuy Nefesh, it is not initially clear why Rechitzah is not included in the Isur Kares. Rava resolves this problem by differentiating between the sources "Te'anu es Nafshoseichem", and "Kol Neder ... Le'anos Nefesh". What is the difference between the two?

(c)How else might we have answered the Kashya?

(d)Then why did Rava not say that?

7)

(a)Based on the Pasuk in Acharei-Mos (in connection with Yom Kippur) "Kol ha'Nefesh Asher Lo Se'uneh ... v'Ha'avadti es ha'Nefesh (Kares)" - the Tana in Yoma includes only eating and drinking on Yom Kippur in the Chiyuv Kares.

(b)According to the Chachamim, who hold that not bathing is considered Inuy Nefesh, it is not initially clear why Rechitzah is not included in the Isur Kares. Rava resolves this problem by differentiating between the sources "Te'anu es Nafshoseichem" - which implies immediately recognizable infliction (not eating and drinking), and "Kol Neder ... Le'anos Nefesh" - implying even something which causes infliction only later (not bathing).

(c)We might also have answered - that Yom Kippur is different because the Torah expresses the Isur Kares using the Lashon "v'Ha'avadti es ha'Nefesh", implying Inuy that is destructive (which precludes bathing from Kares).

(d)Rava did not say that - in order to accommodate those Tana'im who decline to Darshen "v'Ha'avadti es ha'Nefesh" in that way.

8)

(a)What does the Tana of a Beraisa say about a fountain whose source is in a city, when it comes to drinking rights?

(b)From which Pasuk do we learn this?

(c)Does this Halachah extend to ...

1. ... watering animals (where human life is not involved)?

2. ... using the water for washing clothes (where there is no life-danger at all)?

8)

(a)The Tana of a Beraisa says that when the source of a fountain is in a certain city - it is the local residents who have the first rights to drink its water.

(b)We learn this from the Pasuk in Emor "v'Chei Achicha Imach", from which Chazal Darshen 'Chayecha Kodmin'.

(c)This Halachah - extends to ...

1. ... watering animals (where human life is not involved), and to ...

2. ... using the water for washing clothes (where there is no life-danger at all).

9)

(a)Will the previous Halachah extend to a case where the people of other towns need to drink, or to where the local residents want to wash their clothes, according to the Tana Kama? Why is that?

(b)According to Rebbi Yosi, the local residents have the first rights to wash their clothes. How does that seemingly contradict his own opinion that not bathing is not considered Inuy Nefesh?

(c)How do we reconcile Rebbi Yosi's two statements? Why is washing clothes more vital than bathing oneself?

9)

(a)According to the Tana Kama - the previous Halachah will not extend to a case where the people of other towns need to drink, but the local residents want to wash their clothes, because then, the potential life-danger of the non-locals will take precedence.

(b)According to Rebbi Yosi, the local residents have the first rights to wash their clothes. This seemingly contradicts his own opinion (that not bathing is not considered Inuy Nefesh) - because if unwashed clothes is considered Inuy Nefesh, then how much more so an unwashed body!

(c)We reconcile Rebbi Yosi's two statements - by conceding that unwashed clothes do indeed cause more problems than an unwashed body, inasmuch as the accumulation of dirt and sweat on one's clothes leads to insanity (as we shall now see).