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NEDARIM 3

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SUMMARY

Sometimes the Mishnah explains first the category that was stated first and sometimes the Mishnah explains first the category that was stated last.
 
It is a Machlokes whether Kinuyei Nedarim are Nedarim that were made in a foreign language or if they are in a language that was introduced by the Chachamim. (1)
 
Just as a Yad of Nezirus is an effective Lashon for Nezirus so too Yados of Nedarim are an effective Lashon for a Neder.
 
Just as a person who breaks a Neder transgresses the Lav of Bal Yeichal and Bal Te'acher so too someone who breaks his Nezirus transgresses the Lav of Bal Yeichal and Bal Te'acher.
 
Just as a person may annul the Neder of his daughter and wife so too a person may annul the Nezirus of his daughter and wife.
 
It is a Machlokes whether the Torah speaks in the same way that a person speaks.
 
If someone says that he will be a Nazir today and then he repeats it, according to one opinion he must complete two separate Neziruyos.
 
If someone vows that he will become a Nazir when he wants, no matter how long he delays becoming a Nazir he does not transgress the Isur of Bal Te'acher.
 
If someone says that he will not pass on from this world without becoming a Nazir if he delays becoming a Nazir he transgresses the prohibition Bal Te'acher. (2)
 
If someone give a Get to his wife and says, "This is your Get one second before you die" she is prohibited from eating Terumah immediately. (3)

A BIT MORE

1. The Chachamim introduced a language for Nedarim because of the concern that people were in the habit of making Nedarim using the Lashon of the Pasuk 'Korban la'Shem and maybe they will say la'Shem without mentioning Korban, and it may turn out that he used the name of Hashem in vain.
 
2. Since there is a concern that he will die before taking on the Nezirus he must take upon himself the Nezirus immediately and if he delays becoming a Nazir he transgresses the prohibition Bal Te'acher.
 
3. Since he could die at any time and as soon as he dies it is forbidden for her to eat Terumah retroactively from the moment prior to the death.

BRIEF INSIGHT

A NEDER VERSUS A SHEVU'AH
 
The Gemara says that if someone makes a Neder to eat a loaf of bread, if he does not eat it he transgresses Bal Yeichal. Rebbi Akiva Eiger asks in Gilyon ha'Shas that vowing to eat a loaf is not a Neder at all. A vow is only regarded as a Neder if one prohibits an object on himself or others; a vow to do an action is a Shevu'ah, not a Neder. The Rashash and the Porat Yosef answer that the case of the Gemara is that the person vowed not to eat one loaf if he does not eat a second loaf and he went ahead and ate the first loaf. Once he eats the first loaf he must eat the second loaf, otherwise he transgresses Bal Yeichal for the eating of the first loaf.

QUICK HALACHAH

Women and servants may take Nezirus upon themselves. A father or husband has the option to annul the Nezirus of a wife [or daughter]. A master may force his servant [who took Nezirus upon himself] to drink wine and to become Tamei to Mesim. If the master does not force his servant, the servant must keep the Nezirus. (Rambam Hilchos Nezirus 2:9)

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