MOED KATAN 16 - This Daf has been dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer, whose Yahrzeit is 30 Av, by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

1)

PROCEDURE FOR SUMMONING TO COURT (WHICH CAN LEAD TO NIDUY)

(a)

1-6 are derived from the case of Moshe vs. Korach (except where indicated); 7 and on are derived from various other sources.

1.

A summons must be sent to the defendant by the court (not by the claimant - Ritva)

2.

Mention is made (where applicable) of the fact that the case is to be tried before a great judge.

3.

The identity of the challenging litigant is given.

4.

A specific time is set for the trial.

5.

If he ignores the first summons a second chance is given. (Derived from Yirmiyahu.)

6.

If the court's messenger is treated disrespectfully he may report it, and it is not considered to be Lashon Hara.

7.

If the summons is ignored again (Ritva) the offender is put into Niduy.

8.

The identity of the rabbi who issues the Niduy must be made known.

9.

A Cherem (a type of curse, worse than a Niduy) may also be issued against the offender if necessary.

10.

The court can (if they so desire - Ritva) put into Cherem anyone who associates with a Menudeh.

11.

The Menudeh's offense is made known to the public.

12.

In addition to Niduy the following steps may be taken to enforce obedience to the court: Confiscation of property, physical coercion, cursing, imposing oaths, incarceration, Hardafah (= many Niduyim, one after the other, as below 1:b:1).

(b)

How to initiate a Niduy:

1.

(R. Yehudah): Niduy may be declared immediately, without prior notification. (This is part of the Hardafah mentioned above). [Further information: Thirty days after the first Niduy it can be renewed. Thirty days after that a Cherem is issued.]

2.

(R. Huna): Three warnings (Monday, Thursday, Monday) are given first.

i.

This is only true for monetary issues. But for insolence to a Talmid Chacham there is no warning.

2)

EARLY ANNULMENT OF NIDUY

(a)

Story: A certain butcher was put into Niduy for insolence to a rabbi. He then apologized before the thirty days were over.

(b)

(Abaye): Should the Niduy be lifted early?

1.

Pro: Because the rabbis need to buy meat from him, and they would suffer from a prolongation of the Niduy. (This is Rashi's reading. Almost all other Rishonim have: Because the rabbis who issued the Niduy have to leave town, and only they can annul the Niduy [see below, 3:a and 3:b]. We do not want the butcher to be stuck in Niduy forever.)

2.

Con: A Niduy is supposed to be a full thirty-day punishment.

(c)

Answer (R. Idi bar Avin): Shmuel said that just as a Niduy may be imposed summarily (through the "toot" of a shofar), so can it be lifted summarily.

(d)

Rejection: This is only true for Niduy that was imposed for a monetary reason (refusal to pay court-ordered payment), but if it was imposed for reason of insolence the Niduy must stay for 30 days.

3)

WHO MAY ANNUL A NIDUY

(a)

Question: If Niduy is imposed by three particular rabbis, must they be the ones who annul it, or can it be annulled by another three rabbis?

(b)

Observation: Abaye apparently held you need the same three rabbis. (According to other Rishonim above in 2:b:1 this conclusion is obvious. According to Rashi ibid. it is less obvious; see Rashi s.v. Lo Asu.)

(c)

A Beraisa is brought to prove that you need the same three rabbis. This Beraisa makes several points:

1.

If a rabbi imposes a Niduy on someone all his disciples must observe the Niduy (and shun the offender), but not vice versa.

2.

If a Niduy is imposed on someone in his home town it must be observed everywhere else as well, but not vice versa.

3.

If a Nasi imposes a Niduy, it must be observed by all Jews, but not vice versa.

4.

(Rabban Shimon ben Gamliel): If one of the three rabbis who imposed the Niduy dies before it is annulled, his portion of the Niduy is not annulled. (The Gemara assumes that this means that the Niduy can never be annulled, providing the answer to 3:a.)

(d)

Three observations on this Beraisa:

1.

Concerning 3:c:1: The Niduy in question is obviously one imposed due to insolence, for if it was due to a transgression of a religious law, certainly even a rabbi would have to follow his disciple's Niduy. We may hence derive that a mere disciple (and not only a major rabbi) may impose a Niduy if he is insulted.

2.

Each of the three rabbis is considered to be "in charge" of his third of the Niduy (since the word "portion" is used), and may thus annul it individually, without the two others (Nimukei Yosef).

3.

The question from 3:a is answered: The same three rabbis who imposed the Niduy must be the ones who annul it.

(e)

Conclusion of discussion: The three rabbis who annul the Niduy need NOT be the same ones who imposed it. What Rabban Shimon ben Gamliel meant (3:c:4) was that if one of the three original rabbis dies, someone else must take his place (to make a total of three) in the annulment process. (That is, we do not say just because one of the rabbis died his portion is automatically annulled.)

4)

NEZIFAH

(a)

Beraisa: Besides Niduy there is also something called Nezifah (censure), which lasts for only seven days.

(b)

Statement (R. Chisda): What we call Niduy in Babylonia is not a real Niduy, and is in fact only Nezifah, lasting only seven days.

(c)

Question (on the Beraisa of 4:a): There are two instances where Rebbi was insulted by people and they observed Nezifah for thirty days, not seven.

1.

The first case was with Bar Kapara, who said, "What would Rebbi know about this matter?"

16b----------------------------------------16b

2.

The second case was with R. Chiya, who disagreed with and disobeyed Rebbi's ruling that Torah should not be taught out in the open (in the streets), but in a more private setting.

(d)

Answer: Since Rebbi was the Nasi, his Nezifah was much more powerful than a regular Nezifah, and therefore lasted thirty days.

(e)

Question: If Niduy in Babylonia lasts only seven days (above, 4:b), then how long does a Babylonian Nezifah last?

(f)

One day, as seen from a story involving Mar Ukva and Shmuel, and another one involving a woman and R. Nachman, and another one involving Zutra bar Toviah and Rav Yehudah.

5)

AGADETA

(a)

A discussion of what is meant by "David's latter words" (II Shmuel 23:1).

(b)

A discussion of the meaning of the word "Kushi".

(c)

David made Teshuvah easier for all of us, by setting an example.

(d)

A Tzadik rules over (as it were) Hash-m, because he can, through his prayers, influence Him to annul a decree He has already made against someone.

(e)

A homiletical interpretation of II Shmuel 23:8.

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