More Discussions for this daf
1. The Ran 2. Question on Rebbi Yehudah in the name of Shmuel 3. Rav Huna - the whole Perek is Rebbi Yosi
4. Rebbi Yochanan in Revach La'Daf
DAF DISCUSSIONS - NEDARIM 82

ike sultan asked:

i don't understand how the defense of shmuel(who said that a wife that vowed against an individual can revoke the whole neder) and rejection of nav nachman's proof( top of 82a) is just a quote from rav huna saying that the whole perek is in the name of rav yose. it may be true that is rabbi yose, but the mishnayot in the rest of the perek without rabbi yose's name is considered a "stam"(general) mishna and we always paskin like a stam mishna so why is the rejection from the mishna on 83b which says a vow to not enjoy people's benefit can't be revoke- definitely is( challenge is brought up in ran) a challenge to shmuel, how could he just answer that it was a mishna of rav yose if we clearly have a whole perek in his name which must indicate that the halacha is like him. so how is the answer that the whole perek is rabbi yose a good answer to the challenge of shmuel?

thanks

ike sultan, west orange, NJ

The Kollel replies:

As you noticed, there is no debating that this is Rebbi Yosi as the Mishnah says clearly that these are the words of Rebbi Yosi. As for the rule of paskening like a Stam Mishnah, the Ran explains that these Mishnayos are not considered to have the classification of a "Stam Mishnah." Being that Rebbi Yosi is clearly mentioned as being the author in one of the Mishnayos, they are looked at as if all of the Mishnayos clearly said that they were authored by Rebbi Yosi. The Ran therefore rules (82b, DH "v'Kivan d'Asikna") that the Halachah is like Shmuel (and the Rabbanan).

All the best,

Yaakov Montrose