NEDARIM 9 - Dedicated by Andy & Nancy Neff in memory of Leah Miriam bat Yisroel who passed away on 14 Sivan 5767 -- Lucy Rabin, beloved wife of Sidney Rabin and mother of Nancy Neff and Valerie, Doug and Andy Rabin.
12TH CYCLE DEDICATION
NEDARIM 7-10 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the eighth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

(a)Our Mishnah writes 'k'Nidrei Resha'im Nadar b'Nazir, uv'Korban uvi'Shevu'ah'. Which category of Neder is the Tana referring to?

(b)What exactly is the case of ...

1. ... 'b'Nazir'?

2. ... 'b'Korban'?

3. ... 'bi'Shevu'ah'?

(c)Why is his Neder valid if he says 'k'Nidrei Resha'im' but not if he says 'k'Nidrei Kesherim' (despite the fact that all the other conditions mentioned above are met)?

1)

(a)When our Mishnah writes 'k'Nidrei Resha'im Nadar b'Nazir, uv'Korban uvi'Shevu'ah' - the Tana is still referring to Yados.

(b)The case of ...

1. ... 'b'Nazir' - is where he said 'k'Nidrei Resha'im Hareini' just when a Nazir was passing in front of him.

2. ... 'b'Korban' - is where he said 'k'Nidrei Resha'im Alai', when there was a live animal standing in front of him.

3. ... 'bi'Shevu'ah' - is where he said 'k'Nidrei Resha'im Heimenu she'Lo Ochal', when there was a loaf of bread lying in front of him.

(c)His Neder is valid if he says 'k'Nidrei Resha'im' but not if he says 'k'Nidrei Kesherim' (despite the fact that all the other conditions mentioned above are met) - because it is the way of Resha'im to make Nedarim, but not of Kesherim (Tzadikim).

2)

(a)What will be the Din if he says ...

1. ... 'k'Nidvas Resha'im'?

2. ... 'k'Nidvas Kesherim'?

3. ... 'k'Nidvas Kesherim' (with regard to a Shevu'ah, such as 'Heimenu she'Lo Ochal')?

(b)What is the reason for the latter ruling, bearing in mind that it is commendable to make a Shevu'ah if it is to encourage oneself to perform a Mitzvah?

2)

(a)Should he say ...

1. ... 'k'Nidvas Resha'im ... ' - his Neder is not valid (because it is not the way of Resha'im to donate a Nedavah).

2. ... 'k'Nidvas Kesherim ... ' - his Neder is valid, because Tzadikim do donate Nedavos.

3. ... 'k'Nidvas Kesherim' (with regard to a Shevu'ah, such as 'Heimenu she'Lo Ochal') - it is not valid ...

(b)... despite the fact that it is commendable to make a Shevu'ah if it is to encourage oneself to perform a Mitzvah - because that refers to reinforcing an existing obligation, but not to creating a new one.

3)

(a)What is the difference between Neder and Nedavah with regard to ...

1. ... bringing a Korban?

2. ... adopting Nezirus? How does this connect with Neder and Nedavah by Korban?

(b)What might we have thought had the Noder just said ...

1. ... 'ke'Nidrei Resha'im' (without adding 'Hareini, 'Alai' or 'Heimenu')?

2. ... 'ke'Nidrei Resha'im Hareini' - and a Nazir was not passing in front of him at that moment?

(c)What does the Ran comment on his Rebbes, who require the full Lashon, despite the fact that a Nazir was passing in front of the Noder, on the grounds that 'Hareini' on its own is not as strong a Lashon as 'Ehei', which is effective on its own?

(d)Then why does the Tana need to add 'k'Nidrei Resha'im Hareini, Alai or Heimenu'? Why will 'Hareini' or 'Alai' not suffice on its own?

3)

(a)The difference between Neder and Nedavah with regard to ...

1. ... bringing a Korban is - that the former is when the Noder says 'Harei Alai' (obligating himself to bring a Korban at all costs), whereas the latter refers to where he says 'Harei Zu', designating the animal in question, but no more.

2. ... adopting Nezirus - is that 'Neder' means not with a perfect heart, whereas Nedavah means with a perfect heart (without reservation). The connection between the two expressions is that - in both cases, Nedavah is more acceptable than Neder.

(b)Had the Noder just said ...

1. ... 'k'Nidrei Resha'im' (without adding 'Hareini, 'Alai' or 'Heimenu') - we might have thought that he was declaring that, unlike the Resha'im, he would not make a Neder.

2. ... 'k'Nidrei Resha'im Hareini', and a Nazir had not passed in front of him at that moment - we might have thought that he was undertaking you fast.

(c)The Ran comments on his Rebbes, who require the full Lashon, despite the fact that a Nazir was passing in front of the Noder, on the grounds that 'Hareini' alone is not as strong a Lashon as 'Ehei', which is effective on its own - that this is simply not correct; because 'Hareini' is no different than 'Ehei'.

(d)And the reason that the Tana requires 'k'Nidrei Resha'im Hareini, Alai or Heimenu' (and not just 'Hareini' or 'Alai' on its own) - is because of the Seifa, to teach us that even this Lashon is ineffective, if he said 'k'Nidrei Kesherim'.

4)

(a)We ask how we know that 'Heimenu bi'Shevu'ah' does not mean that he undertakes to eat the loaf, rather than not to eat it. What is the problem? So what if it does?

(b)How does Rava resolve the problem?

(c)In that case, what is the Chidush?

4)

(a)We ask how we know that 'Heimenu bi'Shevu'ah' does not mean that he undertakes to eat the loaf, rather than not to eat it. The problem with this is - that it would then be a Yad she'Eino Mochi'ach, which, according to Shmuel, is not considered a Yad.

(b)Rava resolves the problem - by establishing the case when he actually added 'she'Lo Ochal'.

(c)And the Chidush will then be - that this is considered a Shevu'ah, even though he did not mention the word 'Shevu'ah'.

5)

(a)What does Rebbi Meir in a Beraisa, learn from the Pesukim in Koheles "es Asher Tidor Shalem" & "Tov Asher Lo Tidor, mi'she'Tidor v'Lo Teshalem"?

(b)What leads us to assume that Rebbi Meir does not differentiate between a Neder and a Nedavah?

(c)What does Rebbi Yehudah say?

(d)According to Rebbi Yehudah, what is the Chidush? Would it have been feasible to suggest that it is better to make a Neder and to break it than not to make it at all?

5)

(a)Rebbi Meir in a Beraisa, learns from the Pesukim in Koheles "es Asher Tidor Shalem" & "Tov Asher Lo Tidor, mi'she'Tidor v'Lo Teshalem Lo Tidor, mi'she'Tidor v'Lo Teshalem" - that it is preferable not to make a Neder at all, than to make one, even though one fulfills it.

(b)What leads us to assume that Rebbi Meir does not differentiate between a Neder and a Nedavah - is the fact that the Pasuk (and subsequently the Beraisa) does not go on to say that donating a Nedavah is best of all).

(c)Rebbi Yehudah inverts the order of the Derashos. According to him - it is best to make a Neder and to keep it, whereas not making a Neder is only better than making a Neder if one does not fulfill it.

(d)According to Rebbi Yehudah - the Pasuk is indeed coming to preclude from the contention that it is perhaps better to make a Neder (in good faith) even if one inadvertently breaks it (because at least then, one will receive reward for the good intentions that accompanied the Neder), than not to make it at all (for which there is no reward - 'Nothing ventured, nothing gained').

6)

(a)What problem does the above Beraisa present us with vis-a-vis our Mishnah?

(b)How do we establish Rebbi Meir in order to reconcile him with our Mishnah?

(c)How will we then reconcile this with the Seifa of our Mishnah 'k'Nidvosam Nadar b'Nazir'?

(d)This would seem to be difficult even if we had not established our Mishnah like Rebbi Meir, and some Rishonim therefore explain that we could indeed have asked it anyway. How could we alternatively have answered the Kashya had we not established Rebbi Meir as the author of our Mishnah?

6)

(a)The above Beraisa, which does not differentiate between Neder and Nedavah (since on the one hand, Rebbi Meir seems to discredit Nedavah no less than Neder; whereas on the other, Rebbi Yehudah seems to praise someone who makes a Neder as much as someone who donates a Nedavah) presents us with a problem vis-a-vis our Mishnah, which clearly differentiates between the two.

(b)To reconcile our Mishnah with Rebbi Meir - we establish him by Neder exclusively (seeing as the Pasuk itself does not discuss Nedavah).

(c)We reconcile this with the Seifa of our Mishnah 'k'Nidvosam Nadar b'Nazir' (implying that Kesherim do make a Neder) - by amending the wording to 'k'Nidvosam Nadav b'Nazir'

(d)This would appear difficult even if we had not established our Mishnah like Rebbi Meir, and some Rishonim therefore explain that we could indeed have asked this Kashya anyway. Alternatively, we could have answered the Kashya (had we not established Rebbi Meir as the author of our Mishnah) - by explaining our Mishnah to mean that the Nedarim of Kesherim are acceptable to Hash-m like Nedavos.

9b----------------------------------------9b

7)

(a)One is less likely to sin when bringing a Nedavah than when bringing a Neder if one emulates the example of Hillel ha'Zaken. How did Hillel used to bring his Nedavos?

(b)Why, if not for Hillel, would there be no difference between Neder and Nedavah, despite the fact that a Nedavah carries with it less responsibility than a Neder?

(c)How will we now explain 'k'Nidvas Kesherim' in our Mishnah?

7)

(a)One is less likely to sin when bringing a Nedavah than when bringing a Neder if one emulates the example of Hillel ha'Zaken - who used to bring his animal up to the entrance of the Azarah before declaring it a Nedavah.

(b)If not for Hillel, there would be no difference between them, despite the fact that a Nedavah carries with it less responsibility - because it is very easy to forget to bring a Nedavah to the Beis-ha'Mikdash until three Regalim have passed.

(c)We will now explain 'k'Nidvas Kesherim' in our Mishnah in a case - when the Noder made his declaration with regard to an animal that was already standing in the Azarah.

8)

(a)We already learned that Nedavah d'Nezirus refers to those who accept Nezirus with a full heart, such as the Beraisa of Shimon ha'Tzadik. What happened there with the man from the south? What did he say that so impressed Shimon ha'Tzadik?

(b)Which Korban did Shimon ha'Tzadik eat on that unique occasion?

(c)Why did he quote the Pasuk "Ish Ki Yafli ... Lehazir la'Hashem"?

(d)Why did he desist from eating the Korban Asham of other Nezirim who became Tamei?

8)

(a)We already learned that Nedavah di'Nezirus refers to those who accept Nezirus with a full heart, such as the Beraisa of Shimon ha'Tzadik - who was extremely impressed with the man from the south when he explained to him that he undertook to become a Nazir, after he saw his reflection in a well and thought to himself how handsome he was. In that case, he decided, he had to shave off all his hair to combat the Yetzer ha'Ra of pride.

(b)The Korban that Shimon ha'Tzadik ate on that unique occasion - was the Korban Asham of a Nazir who became Tamei.

(c)He quoted the Pasuk "Ish Ki Yafli ... Lehazir la'Hashem" - because he was convinced that that Nazir had truly undertaken his Nezirus for the sake of Hash-m, and not for any ulterior motive.

(d)The reason that Shimon ha'Tzadik desisted from eating the Korban Asham of other Nezirim who became Tamei was - because seeing as they were probably full of remorse for having accepted their Nezirus, the Korban Asham that they brought was 'Chulin la'Azarah'.

9)

(a)Why did Shimon ha'Tzadik restrict his stringency to an Asham Nazir, and not to other Ashamos, which were also brought because the owner had sinned?

(b)And why was he not afraid to eat from the Korban of a Nazir who had completed his term of Nezirus b'Taharah?

(c)Why could the Asham Nazir of Nezirim not really be Chulin ba'Azarah?

(d)Then why did Shimon ha'Tzadik decline to eat from them?

9)

(a)Shimon ha'Tzadik restricted his stringency to an Asham Nazir, and not to other Ashamos, which were also brought because the owner had sinned - because it was only by a Nazir, whose Nezirus stretched for a long period of time, that he was afraid of the Nazir regretting having become a Nazir.

(b)Nor was he afraid to eat from the Korban of a Nazir who had completed his term of Nezirus b'Taharah - because he had accepted his Nezirus with careful deliberation, and it was only a Nazir who became Tamei, and who was forced to prolong his Nezirus over and above what he had originally accepted, that he suspected him of remorse for having accepted the Nezirus in the first place.

(c)The Asham Nazir of Nezirim could not really be Chulin ba'Azarah - because, as long as his Nezirus was not nullified by Beis-Din, it remained intact and his Korbanos could not have ben Chulin.

(d)Nevertheless, Shimon ha'Tzadik declined to eat them - because, since the Nazir had the intention of negating his Korban, in the world of Machshavah, it was no longer fully acceptable.

OTHER D.A.F. RESOURCES
ON THIS DAF