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)Alternatively, we establish the author of our Mishnah (which differentiates between Neder and Nedavah) as Rebbi Yehudah. How do we then amend Rebbi Yehudah's statement 'Tov mi'Zeh u'mi'Zeh, Noder u'Mekayem'?

(b)What is now the Machlokes between Rebbi Meir and Rebbi Yehudah?

(c)Why is Rebbi Yehudah not afraid that the Noder might delay his Korban until after three Regalim?

(d)And what does he mean when he writes 'k'Nidvosam Nadar b'Nazir'? How does he explain Nedavah by a (Chatas) Nazir?

1)

(a)Alternatively, we establish the author of our Mishnah (which differentiates between Neder and Nedavah) as Rebbi Yehudah - and we amend Rebbi Yehudah's statement 'Tov mi'Zeh u'mi'Zeh, Noder u'Mekayem' to ' ... Nodev u'Mekayem'.

(b)Regarding Neder, Rebbi Yehudah agrees with Rebbi Meir (that the best thing is not to make a Neder at all), and their Machlokes is regarding Nedavah, which Rebbi Meir forbids entirely just like Neder, whereas Rebbi Yehudah encourages it.

(c)Rebbi Yehudah is not afraid that the Noder might delay his Korban until after three Regalim - because he expects the Noder to what Hillel did (i.e. to bring his animal to the entrance of the Azarah, before declaring it a Nedavah).

(d)When he writes 'k'Nidvosam Nadar b'Nazir' - he means that the Kesherim would actually declare themselves Nezirim in order to bring the Chatas (Nedavah of a) Nazir.

2)

(a)Rebbi Yehudah just permitted a Chatas Nedavah in the form of a Chatas Nazir. Why should anyone want to donate a Chatas?

(b)What problem does Rebbi Shimon have with donating a Chatas via Nezirus? What does he learn from the Pasuk in Naso "v'Chiper Alav Asher Chata al ha'Nefesh"?

(c)Abaye points out that three Tana'im all hold on principle that a Nazir is a sinner. We have already discussed Rebbi Shimon and Shimon ha'Tzadik (who, we saw earlier agrees with this). What is the basic difference between the two opinions?

(d)The third in the group is Rebbi Elazar ha'Kapar b'Rivi. What does he say? Which sin does a Nazir transgress, according to him?

2)

(a)Rebbi Yehudah just permitted a Chatas Nedavah in the form of a Chatas Nazir - which the Chasidim ha'Rishonim used to bring, because otherwise, due to the fact that Hash-m protects Tzadikim from transgressing such serious sins, they would never have the opportunity of bringing a Chatas.

(b)The problem that Rebbi Shimon has with donating a Chatas via Nezirus is - that it is sinful to declare oneself a Nazir, as the Torah writes in Naso "me'Asher Chata al ha'Nefesh".

(c)Abaye points out that three Tana'im all hold on principle that a Nazir is a sinner. We have already discussed Rebbi Shimon and Shimon ha'Tzadik (who, we saw earlier, agrees like this) - though the latter only considers a Nazir a sinner, only if he subsequently became Tamei.

(d)The third in the group is Rebbi Elazar ha'Kapor b'Rivi - who learns like Rebbi Shimon, and who describes the Nazir's sin as being his abstention from wine, in spite of the fact that the Torah has permitted it (see Hagahos ha'Bach).

3)

(a)According to Rebbi Shimon and Rebbi Elazar ha'Kapar, why does the Torah choose to explain the Nazir's sin specifically by a Nazir Tamei?

(b)How are these two sins hinted in the words "me'Asher Chata al ha'Nefesh"?

(c)What does Rebbi Shimon extrapolate from the above, that one should not do?

3)

(a)According to Rebbi Shimon and Rebbi Elazar ha'Kapar, the Torah chooses to explain the Nazir's sin specifically by a Nazir Tamei - because he has now sinned twice, once by declaring himself a Nazir, and again by desecrating his Nezirus, by permitting himself to become Tamei.

(b)The first of these two sins is hinted - in the words "me'Asher Chata" and the second, in "al ha'Nefesh" (which is otherwise superfluous).

(c)Rebbi Shimon extrapolates from Nazir - that one should not forbid upon oneself that what the Torah permits, such as fasting voluntarily.

4)

(a)What do the following have in common ...

1. ... Konam, Kone'ach, Kones?

2. ... Cherek, Cherech, Cheref?

3. ... Nazik, Nazi'ach, Pazi'ach?

4. ... Shevusah, Shekukah, Noder b'Mohi?

(b)The Kinuyim of Cherem in Galil apply even Stam but not those in Yehudah. Then when do they apply in Yehudah?

(c)Why the difference?

(d)What does 'Noder b'Mohi' mean?

4)

(a)The Mishnah lists ...

1. 'Konam, Kone'ach, Kones' - as Kinuyim of Korban ...

2. 'Cherek, Cherech, Cheref' - as Kinuyim of Cherem ...

3. 'Nazik, Nazi'ach, Pazi'ach' - as Kinuyim of Nazir, and ...

4. 'Shevusah, Shekukah, Noder b'Mohi' - as Kinuyim of Shevu'ah.

(b)The Kinuyim of Cherem in Galil apply even Stam but not those in Yehudah - unless the Noder specifies 'Cherem shel Bedek ha'Bayis'.

(c)This is because otherwise - Stam Charamim in Yehudah go to the Kohanim (but in the Galil only if he specifically states 'Cherem shel Kohanim').

(d)'Noder b'Mohi' means - the Shevu'ah of Moshe (as the Torah writes in Shemos "Vayo'el Moshe". We shall see later why the Tana says 'Nadar').

5)

(a)According to Rebbi Yochanan, the Kinuyim are expressions adopted by the Nochrim. What does Resh Lakish say? What does he mean by 'Badu Lahem mi'Libam'?

(b)We initially suggest that Resh Lakish's reason is because the Chachamim wanted to avoid people using Hash-m's Name unnecessarily, and the word 'Korban' would encourage them to say 'Korban la'Hashem'. What is wrong with this suggestion?

(c)So we then suggest that maybe they will say 'la'Hashem Korban'. What is wrong with that? What is the real suspicion?

(d)What does Rebbi Shimon extrapolate from the Pasuk in Vayikra "Korban la'Hashem"?

(e)What 'Kal va'Chomer' do we learn from this?

5)

(a)According to Rebbi Yochanan, the Kinuyim are expressions adopted by the Nochrim. Resh Lakish maintains that they are expressions which the Chachamim invented ('Badu mi'Libam' - like in the Pasuk in Melachim [in connection with Yarav'am ben Nevat] "ba'Chodesh Asher Bada mi'Libo").

(b)We initially suggest that Resh Lakish's reason is because the Chachamim wanted to avoid people using Hash-m's Name unnecessarily, and the word 'Korban' would encourage them to say 'Korban la'Hashem'. This suggestion cannot be correct however - since there is nothing wrong with such a declaration.

(c)So we suggest that maybe they will say 'la'Hashem Korban' - which again, is not in itself incorrect. We are however, afraid that if one does so, he might die after saying la'Hashem', before he has a chance to complete the sentence (see also Tosfos DH 'Hachi Garsinan').

(d)Rebbi Shimon extrapolates from the Pasuk in Vayikra "Korban la'Hashem" - that, when consecrating an animal as a Korban, one should say 'Olah, Minchah, Todah or Shelamim la'Hashem', and not vice-versa (in case one dies after stating 'la'Hashem', before he has had a chance to complete his declaration).

(e)And if this is the case when one is consecrating a Korban, how much more careful must one be in one's mundane speech, to avoid mentioning Hash-m's Name unnecessarily.

10b----------------------------------------10b

6)

(a)Beis Shamai in a Beraisa forbids even 'Kinuyei Kinuyin'. What do Beis Hillel say?

(b)What does 'Kinuyei Kinuyin' mean?

(c)How do we try to connect the Machlokes Beis Shamai and Beis Hillel with that of Rebbi Yochanan and Resh Lakish (whether Kinuyim are expressions used by Nochrim or invented by the Chachamim)?

(d)We conclude that even Beis Hillel hold like Rebbi Yochanan, and they simply argue over whether the Nochrim also use these expressions or not. What is a third way of explaining the Machlokes?

6)

(a)Beis Shamai in a Beraisa forbids even 'Kinuyei Kinuyin'. Beis Hillel - declare the declaration invalid.

(b)'Kinuyei Kinuyin' - are expressions that are similar to the official Kinuyim.

(c)We try to connect the Machlokes Beis Shamai and Beis Hillel with that of Rebbi Yochanan and Resh Lakish - by establishing Beis Shamai like Rebbi Yochanan (that they are expressions used by the Nochrim), in which case, any Neder that they concoct is also considered a Kinuy; whereas Beis Hillel hold like Resh Lakish (that they are expressions invented by the Chachamim), and only those Leshonos which Chazal instituted are valid, but no others.

(d)We conclude that even Beis Hillel hold like Rebbi Yochanan, and they simply argue over whether the Nochrim also use these expressions or not. Alternatively - everyone agrees that the Nochrim do not use these expressions, only Beis Shamai decree 'Kinuyei Kinuyin' on account of Kinuyim, whereas Beis Hillel do not.

7)

(a)What do the following have in common ...

1. ... Mekanmana, Makanchana, Mekansana?

2. ... Tachrakim, Charakim, Charafim?

3. ... Mechazkana, Menazchana, Mefichana?

4. ... Shevuva'el, Shevusi'el, Shekuka'el?

(b)On what grounds do we reject the original contention that Shevu'el is the first of the Kinuyei Kinuyin of Shevu'ah?

(c)The She'eilah regarding whether 'Mifchazna', 'Mischazna' and 'Mis'azna' are Kinuyei Kinuyim, remains unanswered, and so does that of 'Kinma' which Ravina asked Rav Ashi, and 'Kinah' which Rav Acha Brei d'Rav Chiya asked Rav Ashi. What prompted ...

1. ... Ravina to ask about 'Kinma'? What else might 'Kinma' mean?

2. ... Rav Acha Brei d'Rav Chiya to ask about 'Kinah'. What else might 'Kinah' mean?

(d)What does Shmuel say about 'Ashivsa', 'Ashkika' 'Karinsha' (with regard to being Kinuyei Kinuyim of Shevu'ah)?

7)

(a)The common denominator between ...

1. ... Mekanmana, Makanchana, Mekansana is - that they all Kinuyei Kinuyin of Nedarim.

2. ... Tachrakim, Charakim, Charafim is - that they are all Kinuyei Kinuyin of Cherem.

3. ... Mechazkana, Menazchana, Mefichana - is - that they are all Kinuyei Kinuyin of Nezirus.

4. ... Shevuva'el, Shevusi'el, Shekuka'el is - that they are all Kinuyei Kinuyin of Shevu'ah.

(b)We reject the original contention that Shevu'el is the first of the Kinu'yei Kinuyin of Shevu'ah - on the grounds that this is the name of the son of Gershom, Moshe's son (who is not a Davar ha'Nadur).

(c)The She'eilah regarding whether 'Mifchazna', 'Mischazna' and 'Mis'azna' are Kinuyei Kinuyim remains unanswered, and so does that of 'Kinma' which Ravina asked Rav Ashi, and 'Kinah which Rav Acha Brei d'Rav Chiya asked Rav Ashi. What prompted ...

1. ... Ravina to ask about 'Kinma' - was the fact that it might also mean the spice known as Kinmon Bosem.

2. ... Rav Acha Brei d'Rav Chiya to ask about 'Kinah' - was the fact that it might also refer to a chicken-coop.

(d)Shmuel rules - that 'Ashivsa', 'Ashkika' 'Karinsha' are not Kinuyei Kinuyin of Shevu'ah, and do not therefore constitute a Shevu'ah.

8)

(a)According to Raban Shimon ben Gamliel, if someone says 'be'Mohi' alone, his Neder is not valid. What must he say for the Neder to be valid?

(b)Seeing as 'Mumsa' means a Shevu'ah, why does the Tana of our Mishnah say 'Nadar b'Mohi', and not just 'Shevu'ah, Shekukah b'Mohi'?

(c)According to others, Raban Shimon ben Gamliel is differentiating between 'b'Mumi' (which is the equivalent of 'b'Mohi') or 'b'Mumsa' on the one hand, and 'Mumi' or 'Mumsa' on the other. What is the difference between them?

(d)Then why does the Tana of our Mishnah add the word 'Nadar b'Mohi'. Why did he not just say 'Shevusah, Shekukah b'Mohi'?

8)

(a)According to Raban Shimon ben Gamliel, if someone says 'be'Mohi' alone, his Neder is not valid - unless he says 'be'Mumsa d'Amar Mohi'.

(b)Even though 'Mumsa' means a Shevu'ah, the Tana of our Mishnah says 'Nadar b'Mohi', and not just 'Shevu'ah, Shekukah b'Mohi' - because we might then have thought that 'b'Mohi', like 'Shevu'ah and Shekukah', is eligible on its own. So the Tana adds 'Nadar b'Mohi', to teach us that he must mention the Neder of Moshe (although it as really a Shevu'ah).

(c)According to others, Raban Shimon ben Gamliel is differentiating between 'b'Mumi' (which is the equivalent of 'b'Mohi') or 'b'Mumsa' on the one hand, and 'Mumi' or 'Mumsa' on the other. The difference between them is - 'b'Mumi' or 'b'Mumsa' is not a Kinuy li'Shevu'ah, whereas 'Mumi' or 'Mumsa' is.

(d)The Tana of our Mishnah adds the word 'Nadar b'Mohi' - because we would otherwise have thought that one is obligated to say 'Shevusah u'Shekukah Mohi'. 'Nadar' indicates that he only needs to mention one of the Leshonos, and not both.

9)

(a)Our Mishnah now discusses various Leshonos of Neder. What does 'la'Chulin she'Ochal Lach' imply? What is therefore the Halachah?

(b)What does 'Dachi' mean?

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

1. ... 'Lo Dachi (Kikar Zeh)' or 'Lo Tahor'?

2. ... 'Tamei', 'Nosar', Pigul', or 'Asur'?

(d)Why is the Lashon 'Asur' valid, considering that it incorporates things which are automatically Asur (Davar ha'Asur) on which one cannot be Matfis?

9)

(a)Our Mishnah now discusses various Leshonos of Neder. 'la'Chulin she'Ochal Lach' - implies 'What I will eat of yours is not Chulin, but Hekdesh'. Consequently, it is forbidden.

(b)'Dachi' means 'Tahor'.

(c)If one says ...

1. ... 'Lo Dachi (Kikar Zeh)' or 'Lo Tahor' - his Neder is valid, and the same applies if he says ...

2. ... 'Tamei', 'Nosar', Pigul', or 'Asur'.

(d)The Lashon 'Asur' is valid, despite the fact that it incorporates things which are automatically Asur (Davar ha'Asur) on which one cannot be Matfis - on account of the principle 'Stam Nedarim Lehachmir'.

10)

(a)According to some texts, the Tana continues with 'Tahor, v'Tamei ... ' without a 'Lamed'. What is the problem with this?

(b)Why does the Tana then do that?

(c)What do 'Tamei', 'Nosar', Pigul', and 'Asur' all have in common? Why is it unnecessary to insert a 'Kaf' at the beginning of each of them?

(d)How do we reconcile this with the Mishnah later 'ha'Omer Korban Olah, Minchah ... Rebbi Yehudah Matir' (because he did not say 'k'Olah, k'Minchah', even though Olah and Minchah too, denote Isur? Why does Rebbi Yehudah not argue here too?

10)

(a)According to some texts, the Tana continues with 'Tahor, v'Tamei ... ' without a 'Lamed'. The problem with this is - that having begun with 'la'Dachi' (which means 'Lo Tahor'), how can he continue with 'Tahor', which has the exact opposite meaning.

(b)The Tana nevertheless does that - because, having written 'la'Dachi', he takes for granted that we will understand that the 'la' extended to Tahor, too.

(c)What 'Tamei', 'Nosar', Pigul', and 'Asur' all have in common is - the fact that each word expresses the Isur, rendering the 'Kaf' of comparison unnecessary.

(d)We reconcile this with the Mishnah later 'ha'Omer Korban Olah, Minchah ... Rebbi Yehudah Matir' (because he did not say 'k'Olah, k'Minchah', even though 'Olah' and 'Minchah' too, denote Isur - because they only express the Isur by inference. Their inherent meaning denotes the obligation to bring them in the prescribed manner, explaining why the 'Kaf' of comparison there is necessary, whereas here, even Rebbi Yehudah will agree that it is not.

11)

(a)'Tamei' can also pertain to Terumah. So how do we know that the Noder was referring to Korbanos?

(b)In the third group listed in our Mishnah, the Tana includes 'k'Imra', 'k'Dirim', 'k'Etzim', 'k'Ishim', 'k'Mizbe'ach', 'k'Heichal', 'ki'Yerushalayim'. Why does this group required a 'Kaf' (even though the previous one did not)?

(c)What is the meaning of 'ke'Imra'?

(d)The Neder 'k'Imra' might be valid because even though, this could pertain to a lamb of Chulin, we again apply the principle 'Stam Nedarim Lehachmir'. What alternative reason is there for the Neder to be valid?

11)

(a)'Tamei' might pertain to Terumah. Nevertheless, seeing as it can also pertain to Kodshim - we apply the principle 'Stam Nedarim Lehachmir.

(b)In the third group listed in our Mishnah, the Tana includes 'k'Imra', 'k'Dirim', 'k'Etzim', 'k'Ishim', 'k'Mizbe'ach', 'k'Heichal', 'ki'Yerushalayim', which all require the 'Kaf' of comparison - because there is nothing in each of the words that denotes Isur.

(c)The meaning of 'ke'Imra' - is 'like the lamb of a Korban'.

(d)The Neder 'ke'Imra' might be valid because even though, this could pertain to a lamb of Chulin, we again apply the principle 'Stam Nedarim Lehachmir'. Alternatively, the Neder is valid - because 'ke'Imra' implies like the well-known lamb (i.e. that of the Korban).

12)

(a)What is the significance of ...

1. ... 'k'Dirim'?

2. ... 'k'Etzim'?

3. ... 'k'Ishim'?

(b)'Rebbi Yehudah Omer, ha'Omer Yerushalayim, Lo Amar Klum'. Why is that? What is the difference between 'Yerushalayim' and 'ki'Yerushalayim'?

12)

(a)The significance of ...

1. ... 'k'Dirim' is - that one is declaring something forbidden like the Korbanos that were in the specially-designated rooms (the Lishkos ha'Korbanos).

2. ... 'k'Etzim' is - ... like the two blocks of wood that were placed on the Mizbe'ach.

3. ... 'k'Ishim' - ... like the flames of fire on the Mizbe'ach.

(b)'Rebbi Yehudah Omer, ha'Omer Yerushalayim, Lo Amar Klum' -because this implies that he is declaring something to be like Yerushalayim; whereas when he says 'ki'Yerushalayim', he is declaring it forbidden like the Korbanos of Yerushalayim.

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