12TH CYCLE DEDICATION
NEDARIM 30 - (13 Shevat) - dedicated by Steven and Lynn Farber l'Iluy Nishmas Steven's mother, Esther (bas Rav Moshe) Farber of Riverdale, NY, who passed away on 13 Shevat 5763. A descendant of the Chasam Sofer, Esther was a courageous woman whose dedication to Torah ideals affected the lives of her many students and friends.

1)

POSTPONED ACQUISITIONS

(a)

(R. Avin and Rav Yitzchak b'Rebbi): According to Bar Pada we can resolve R. Hoshaya's question:

1.

Question (R. Hoshaya): If a man gave two Perutos to a woman and told her 'one Perutah is Mekadesh you to me today. The other is Mekadesh you to me after I divorce you' (what is the law)?

2.

According to Bar Pada, also the second Kidushin takes effect!

(b)

Objection (R. Yirmiyah): You cannot equate the case when the one who created the Kedushah redeems it to a case where someone else redeems it!

1.

(R. Yochanan): If the one who made them Hekdesh redeems them, they become Hekdesh again. If someone else redeems them, they do not.

2.

Kidushin is like redemption by someone else. (After divorce, he cannot force her to accept Kidushin.)

2)

WHO IS A SEAFARER?

(a)

(Mishnah): If one is Mudar Hana'ah (vowed not to benefit) from seafarers, he may benefit from those who dwell on land. If one is Mudar Hana'ah from those who dwell on land, he may not may not benefit from seafarers, since seafarers are also considered to dwell on land.

1.

This does not refer to those who go from Ako to Yafo, rather, to those who take extended voyages.

(b)

(Gemara - Rav Papa or Rav Acha brei d'Rav Ika): The last clause (this does not refer to those who go from Ako to Yafo, rather, to those who take extended voyages) applies to the first law;

(c)

(The other of Rav Papa Rav Acha brei d'Rav Ika): It applies to the Seifa (a vowed from land dwellers).

(d)

The one who applies it to the Reisha explains as follows:

1.

If one is Mudar Hana'ah from seafarers, he is permitted to benefit from land dwellers. We infer that he may not benefit from seafarers;

30b----------------------------------------30b

2.

The seafarers referred to are not those who go from Ako to Yafo. Those are considered land dwellers. Rather, it refers to those who take extended voyages.

(e)

The opinion that it applies to the Seifa explains as follows:

1.

If one is Mudar Hana'ah from those who dwell on land, he may not benefit from seafarers;

2.

This does not refer to those who go from Ako to Yafo, rather, to those who take extended voyages, for also they eventually come to land.

3)

WHO IS INCLUDED IN VOWS

(a)

(Mishnah): If one vowed from 'Ro'ei ha'Chamah' (seers of the sun), he may not benefit even from blind people. He meant, those seen by the sun.

(b)

(Gemara): We infer this from the fact that he did not say 'those who see.' He excluded fish and embryos from his vow.

(c)

(Mishnah): If one vowed from black-headed people, he may not benefit from bald people or white-haired people, but he may benefit from women and children. Only men are called black-headed.

(d)

(Gemara): (He may not benefit from bald or white-haired people.) This is because he did not say 'those with hair'.

(e)

(Mishnah): He may benefit from women and children. Only men are called black-headed.

(f)

Question: Why is this?

(g)

Answer: Men sometimes cover their heads, sometimes not. Women's heads are always covered, and children's are always uncovered. (One calls them 'people with covered (or exposed) heads.)

(h)

(Mishnah): If one vowed from Yeludim (those already born), he may benefit from Noladim (those who will be born). If one vowed from Noladim, he may not benefit from Yeludim;

(i)

R. Meir permits even from Yeludim;

(j)

Chachamim say that he refers to those who enter the world through birth.

(k)

(Gemara) Question: R. Meir permits (even Yeludim, and obviously Noladim. From whom did he vow?

(l)

Answer: The Mishnah is abbreviated. The full version is 'If one vowed from Yeludim, he may benefit from Noladim. If one vowed from Noladim, he' may not benefit from Yeludim;

1.

R. Meir says, even if one vowed from Noladim, he may benefit from Yeludim, just like one who vowed from Yeludim may benefit from Noladim.

(m)

Question (Rav Papa): This implies that Noladim means those who will be born. Can we say that "Your two sons ha'Noladim' to you in Mitzrayim" refers to sons who will be born?!

1.

Counter-question (Abaye): You hold that it means those who were born. It says "A son Nolad to the house of David, Yoshiyahu"!

2.

It cannot mean 'was born.' Even Menasheh (from whom Yoshiyahu descends) was not yet born at that time!

(n)

Answer (to both questions - Abaye): Rather, Nolad (in the Torah) has both meanings. Regarding vows, we follow the way people speak.

(o)

(Mishnah): Chachamim say that his intention was to those who enter the world via birth.

1.

This excludes fish and birds (they hatch from eggs).

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