In the notes of the Mahari Landa (printed in Artscroll gemara), he says that the "teaching" at the bottom of amud aleph about ha-nodeir min ha-or is "not a mishna nor a bereisa". I understand that it may not be a mishna, but how does he know it's not a bereisa? Maybe this is the only place the bereisa is mentioned in Shas.
Thank you.
Eliezer Appleton, Chicago, IL
Dear Eliezer,
The Mahari Landa is Rav Yechezkel Landau, author of the Noda bi'Yehudah and Tzelach. In both of his works (Tzelach, Noda bi'Yehudah Mahadura Tinyana YD 144) he comments on this subject.
Rav Landau explains that a difficulty exists here. Why is there no mention in Shulchan Aruch and other Halachic works of the supposed Beraisa or Mishnah, "A Neder from light includes light from the stars"?
His answer is that there is no such Mishnah or Beraisa. This is certainly not a Mishnah anywhere, nor is it a Tosefta in Nedarim, so we may propose that it is not a Beraisa either. The correct reading of the text is without the words "d'Tenan (or d'Tanya) ha'Noder Min ha'Or." Only when the Gemara is trying to justify the opinion that Nag'hi means "morning," must one explain the word Kochvei Or as "stars of light ," implying the new Halachah that a Noder is prohibited to benefit from the light of the stars. However, when we conclude (3a), that Nag'hi is night, then the words may be read simply as "stars of night ". No Halachah of starlight may be deduced from this verse, and therefore the general rule of Nedarim is applied: "follow the common understanding of people's speech". This is the explanation behind Rav Landau's note on the Daf.
All the best,
Reuven Weiner.
Note, however, that Rabeinu Chananel is Gores "d'Amar Mar...," implying that it is a Beraisa. All of the other Rishonim cite the word "d'Tenan" without comment, also implying that it is at least a Beraisa.
Perhaps we may still apply the approach of the Noda bi'Yehudah by saying that according to the Maskanah, there is no source in the Torah for assuming that starlight is called "Or." The source is only from a Beraisa, and the Beraisa may well be discussing a place where it is common to refer to starlight as light, as per the usual rule that Nedarim follow the common understanding of a person's speech.
M. KORNFELD