12TH CYCLE DEDICATION
NEDARIM 20 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

1)

(a)What do the following have in common: 'Nadar b'Cherem, v'Amar Lo Nadarti Ela b'Charmo shel Yam'; Nadar b'Korban v'Amar Lo Nadarti Ela b'Korbanos shel Melachim'; 'Harei Atzmi Korban, v'Amar Lo Nadarti Ela ba'Etzem she'Hinachti Lih'yos Noder Bo'?

(b)What is the meaning of ...

1. ... 'Cherem shel Yam'?

2. ... 'Korbanos shel Melachim'?

3. ... 'Etzem she'Hinachti Liheyos Noder Bo'?

(c)Seeing as our Mishnah basically elaborates on the phrase 'u'Pirusham Lehakel' in the previous Mishnah, why does the Tana deal with the above cases (which are all new ones) here, and not with the equivalent cases that it dealt with initially?

(d)And what does the Tana say about a case where, after declaring 'Konam Ishti Nehenis Li', the Noder explains that he was referring to his first wife?

1)

(a)What the following have in common - is that the Noder is believed, because the Tana here, mentions them all as examples of 'u'Pirushan Lehakel' (in the previous Mishnah): 'Nadar b'Cherem, v'Amar Lo Nadarti Ela b'Charmo shel Yam'; Nadar b'Korban v'Amar Lo Nadarti Ela b'Korbanos shel Melachim'; 'Harei Atzmi Korban, v'Amar Lo Nadarti Ela ba'Etzem she'Hinachti Liheyos Noder Bo'.

(b)

1. 'Cherem shel Yam' - is a fishing-net.

2. 'Korbanos shel Melachim' - gifts that one presents to kings.

3. ... 'Etzem she'Hinachti Liheyos Noder Bo' - a bone that someone kept in his house to swear by.

(c)Despite the fact that our Mishnah basically elaborates on the phrase 'u'Pirusham Lehakel' in the previous Mishnah, the Tana deals with the above cases (which are all new ones), and not with the equivalent cases that it dealt with initially - to teach us that, even though, the Noder's explanations are more far-fetched than the initial cases, he is nevertheless believed.

(d)The Tana rules that, in a case where, after declaring 'Konam Ishti Nehenis Li', the Noder explains that he was referring to his first wife - he is believed.

2)

(a)What does Rebbi Meir mean when he says ...

1. ... 'Al Kulan Ein Nish'alin, v'Im Nish'alu, Onshin Osan'?

2. ... 'u'Machmirin Aleihen'?

(b)The Chachamim disagree with Rebbi Meir in two points. According to them, we do not punish an Am ha'Aretz who contravened his Neder. In which other point do they argue with him?

(c)Why do they refer to the latter as 'Makom Acher'?

2)

(a)When Rebbi Meir says ...

1. ... 'Al Kulan Ein Nish'alin, v'Im Nish'alu, Onshin Osan' - he means that, in all the above cases, a Talmid-Chacham does not require Hatarah, but that an Am ha'Aretz, who is not believed without Hatarah, is punished for contravening the Neder without it.

2. ... 'u'Machmirin Aleihen' - he means that Beis-Din will not annul his Neder on the basis of Charatah (remorse) alone.

(b)The Chachamim disagree with Rebbi Meir in two points. According to them, we do not punish an Am ha'Aretz who contravened his Neder - nor will the Beis-Din refrain from annulling his Neder on the basis of Charatah alone.

(c)They refer to the latter as 'Makom Acher' - because it is external from the Neder itself (which is not the case by a Pesach (an opening), which is a flaw in the actual Neder).

3)

(a)To which set of Nedarim is the Hatarah required of an Am ha'Aretz restricted?

(b)The Chachamim conclude 'u'Melamdim Osan Kedei she'Lo Yinhagu Kalus Rosh bi'Nedarim'. What do they mean by this? To which Nedarim does it pertain?

3)

(a)The Hatarah required of an Am ha'Aretz is restricted - to those mentioned in this Mishnah, because they are far-fetched.

(b)The Chachamim conclude 'u'Melamdim Osan Kedei she'Lo Yinhagu Kalus Rosh bi'Nedarim' - by which they mean that, although, according to the Noder's interpretation, these Nedarim ought not really to be valid, we nevertheless teach the Am ha'Aretz to treat them as if they were.

4)

(a)How does Rav Yehudah reconcile the statement in the Mishnah 'Ein Nish'alin Aleihem' (meaning that it is not necessary to do so) with the subsequent phrase 'v'Im Nish'alu, Onshin Osam ... ' (an apparent contradiction)?

(b)We explain 'Onshin Osam' in our Mishnah like the Beraisa, where Rebbi Yehudah rules that one must keep as many days as he did not keep initially. To which case is Rebbi Yehudah referring?

(c)Rebbi Yosi disagrees with Rebbi Yehudah. How does he qualify the latter's ruling?

4)

(a)Rav Yehudah reconciles the statement in the Mishnah 'Ein Nish'alin Aleihem' (meaning that it is not necessary to do so) with the subsequent phrase 'v'Im Nish'alu, Onshin Osam ... ' (an apparent contradiction) - by establishing the former by a Talmid-Chacham, and the latter, by an Am ha'Aretz (as we have already explained).

(b)We explain 'Onshin Osam' in our Mishnah like the Beraisa, where Rebbi Yehudah rules that the Noder must keep as many days as he did not keep initially. Rebbi Yehudah himself - is referring to someone who contravened his own Neder.

(c)Rebbi Yosi disagrees with Rebbi Yehudah. He qualifies the latter's ruling - by restricting it to thirty days, and no more.

5)

(a)Based on the Tana'im in the previous Beraisa, what does Rav Yosef say about a Beis-Din that nullifies the Neder of someone who already contravened it?

(b)How would we have otherwise explained the ruling of the Tana'im 'Ein Nizkakin Lo'?

(c)Rav Acha bar Yakov is even more stringent with the Beis-Din. What does he say?

5)

(a)Based on the Tana'im in the previous Beraisa, Rav Yosef says that a Beis-Din that nullifies the Neder of someone who already contravened it - has done wrong.

(b)We would otherwise have explained - that when the Tana'im said 'Ein Nizkakin Lo' they meant that the Beis-Din do not need to go out of their way to persuade the Noder to annul his Neder (like they did before he contravened it). But, should he come on his own accord to have it annulled, they may indeed do so.

(c)Rav Acha bar Yakov is even more stringent with the Beis-Din. According to him - one even declares a Shamta on them.

6)

(a)We rule like the Rabanan in our Mishnah, with regard to both points in which they argue with Rebbi Meir. What is the ruling regarding ...

1. ... someone who contravened a Neder d'Oraisa?

2. ... a Beis-Din who nullifies the Neder of someone who has already contravened it?

(b)On whom else do we declare a Shamta in this regard?

(c)A certain Rav annulled the Neder of a man who contravened his Neder forbidding all fruit on himself except for wheat. On what basis do the Ba'alei Tosfos agree with him?

(d)Upon which Chumra did the Rav nevertheless insist (due to the fact that he had contravened the Neder)?

6)

(a)We rule like the Rabanan in our Mishnah, with regard to both points in which they argue with Rebbi Meir. Regarding ...

1. ... someone who contravened a Neder d'Oraisa - we do not annul his vow until he has practiced the same amount of days as he contravened it.

2. ... a Beis-Din who nullifies the Neder of someone who has already contravened it - we declare a Shamta on them.

(b)We declare a Shamta - on a Rav who permits the Noder on one of the cases in our Mishnah to consider his Neder void before having practiced the same amount of days as he contravened.

(c)A certain Rav annulled the Neder of a man who contravened his Neder forbidding all fruit on himself except for wheat. The Ba'alei Tosfos agree with him on the grounds - that the Neder was impossible to adhere to; and besides, adhering to it would detract from his Avodas Hash-m.

(d)Due to the fact that he had contravened the Neder, the Rav nevertheless insisted - that it had to be annulled though a Pesach (which is difficult to discover), and not merely, through Charatah.

7)

(a)What reason does the Tana of a Beraisa give for keeping away from ...

1. ... Nedarim?

2. ... Amei ha'Aretz?

3. ... Kohanim Amei ha'Aretz?

(b)According to some texts, the Tana says that the Kohen Am ha'Aretz will feed him 'Terumah Teme'ah'. What is the difference as to whether the Terumah is Tehorah or Teme'ah, seeing as Terumah is forbidden to a Zar anyway?

(c)Why does the same Tana advise one not to talk too much to a woman?

7)

(a)The reason the Tana of a Beraisa gives for keeping away from ...

1. ... Nedarim - is because it will lead to the contravention of Shevu'os (which are even stricter than Nedarim, as we learned above).

2. ... Amei ha'Aretz - is because ultimately, they will feed one Tevel.

3. ... Kohanim Amei ha'Aretz - because they will feed one Terumah.

(b)According to some texts, the Tana says that the Kohen Am ha'Aretz will feed him 'Terumah Teme'ah'. The difference whether the Terumah is Tehorah or Teme'ah (seeing as Terumah is forbidden to a Zar anyway) is - that in the latter case, Kohanim Talmidei-Chachamim are incorporated in the warning, too.

(c)The same Tana advises one not to talk too much to a woman - because it leads to adultery.

8)

(a)What does Rebbi Acha bar Yashiyah say will happen to someone ...

1. ... who looks at women?

2. ... who looks at the heel of a woman? What does he mean by 'heel'?

(b)What does Rav Yosef mean when he says 'uv'Ishto Nidah'?

(c)The Tana of the Beraisa interprets 'Peneichem' in the Pasuk in Yisro "Lema'an Tiheyeh Yir'aso al Peneichem l'Vilti Techeta'u" as 'Bushah' (bashfulness [being ashamed to sin]) from which he derives that the root of Yir'as Shamayim is Boshes Panim, and from which Acheirim derives that Boshes Panim is the antidote to sin. What does Acheirim also say about someone who does not possess Boshes Panim (which is also evident from the above Pasuk)?

(d)How does he know that it also extends to subsequent generations, who did not actually stand at Har Sinai?

8)

(a)Rebbi Acha bar Yashiyah says that someone ...

1. ... who looks at women - will eventually commit adultery with them.

2. ... who looks at the heel of a woman - which Resh Lakish explains to mean 'Oso Makom' (because it is exactly opposite the heel) will have children who are not decent people.

(b)When Rav Yosef says 'uv'Ishto Nidah' - he means that the previous warning includes looking even at one's wife who is a Nidah (despite the fact that she will be permitted in a short time, anyway).

(c)The Tana of the Beraisa interprets 'P'neichem' in the Pasuk "Lema'an Tiheyeh Yir'aso al Pneichem l'Vilti Techeta'u" as 'Bushah' (bashfulness [being ashamed to sin]) from which he derives that the root of Yir'as Shamayim is Boshes Panim, and from which Acheirim derives that Boshes Panim is the antidote to sin. Acheirim also says that if someone does not possess Boshes Panim - then it is clear that his ancestors did not stand at Har Sinai (which is also evident from the above Pasuk).

(d)He know that it also extends to subsequent generations, who did not actually stand at Har Sinai - because the Torah specifically includes 'those are who not here today' (i.e. their Neshamos - even those of converts) in the covenant made at the Plains of Mo'av.

9)

(a)What did 'the angels' tell Rebbi Yochanan ben Dahav'ai about someone who, during Tashmish ...

1. ... reverses the normal positioning of a man and a woman?

2. ... kisses 'Oso Makom'?

3. ... talks with his wife during Tashmish?

4. ... gazes b'Oso Makom'?

(b)On what grounds did Eima Shalom (the wife of Rebbi Eliezer and sister of Raban Gamliel), have particularly good-looking children (see also Rosh DH 'Banayich')?

(c)Why would Rebbi Eliezer not perform Tashmish at the beginning of the night or at the end?

(d)What did Eima Shalom mean when she described Rebbi Eliezer as 'Megaleh Tefach u'Mechaseh Tefach'?

9)

(a)The angels told Rebbi Yochanan ben Dahav'ai that someone who, during Tashmish ...

1. ... reverses the normal positioning of a man and a woman - will become lame (on the thigh, because he sinned with the thigh).

2. ... kisses 'Oso Makom' - will become dumb.

3. ... talks with his wife during Tashmish - will become a deaf-mute (seeing as he sinned with his mouth and ears).

4. ... gazes b'Oso Makom - will become blind.

(b)Eima Shalom (the wife of Rebbi Eliezer and sister of Raban Gamliel), have particularly good-looking children - because her husband was so modest during Tashmish.

(c)Rebbi Eliezer would not perform Tashmish at the beginning of the night or at the end - because women were up and about at that time, and he was afraid that he might overhear one of them talking and think about her.

(d)When Eima Shalom described Rebbi Eliezer as 'Megaleh Tefach u'Mechaseh Tefach' - she meant that for Tashmish, he would uncover one of the two Tefachim that Chazal permitted a man to uncover when urinating (see also Rosh DH 'Megaleh').

20b----------------------------------------20b

10)

(a)Why was Rebbi Eliezer so scrupulously modest during Tashmish (see Rosh - DH 'v'Nimtze'u')?

(b)How do we reconcile Rebbi Eliezer, who used to talk with his wife during Tashmish (it appears that, although 'Mesaper' really refers to Tashmish, it also incorporates conversing), with Rebbi Yochanan ben Dahava'i, who forbids conversing with one's wife during Tashmish?

(c)Rebbi Yochanan rules like the Chachamim who argue with Rebbi Yochanan ben Dahava'i. What do they say?

(d)To what do they compare a man's marital relations with his wife?

10)

(a)Rebbi Eliezer was scrupulously modest during Tashmish - so keep him so preoccupied with those matters, that he would not have time to think of any other woman (which in turn, would render his children close to being Mamzerim - see Rosh - DH 'v'Nimtze'u').

(b)Rebbi Eliezer used to talk with his wife during Tashmish (it appears that, although 'Mesaper' really refers to Tashmish, it also incorporates conversing with her - see Ya'avetz) - regarding issues of Tashmish (either to appease his wife or to increase his own desire [to enable him to perform Tashmish]); whereas Rebbi Yochanan ben Dahava'i, who forbids conversing with one's wife during Tashmish, is referring to a conversation that is not relevant to the Tashmish.

(c)Rebbi Yochanan rules like the Chachamim who argue with Rebbi Yochanan ben Dahava'i - and permit a man to take his wife in any way that he wishes ...

(d)... just like a man eats meat that arrives from the butcher; salted, roasted, cooked or well-cooked - and nobody can stop him), or fish that comes from the fishermen's nets (This will be explained shortly).

11)

(a)How does Ameimar prove from Rebbi Yochanan's ruling that the 'Mal'achei ha'Shares' cited by Rebbi Yochanan ben Dahava'i cannot have been angels?

(b)Then who were they?

(c)Why are the Chachamim referred to as angels?

11)

(a)Ameimar proves from Rebbi Yochanan's ruling that the 'Mal'achei ha'Shares' cited by Rebbi Yochanan ben Dahava'i cannot have been angels - because if it did, seeing as they know Hash-m's secrets of how babies are formed and why, better than the Chachamim, Rebbi Yochanan would have ruled like Rebbi Yochanan ben Dahava'i!

(b)They must therefore have been - the Chachamim ...

(c)... who are referred to as angels - because they stand apart from the rest of the people, just like the angels stand apart from human-beings (see also Rosh DH 'de'me'Tzayni').

12)

(a)Rebbi too, follows the opinion of the Chachamim of Rebbi Yochanan ben Dahava'i. What did he mean when he told the woman who came to complain to him (that her husband 'turned the table upside-down'), that he could not help her, seeing as the Torah permitted her to her husband?

(b)What did Abaye mean when he said that it was no different than a fish?

(c)What does Rebbi learn from the Pasuk in Shelach Lecha "v'Lo Sasuru Acharei Levav'chem"?

(d)Ravina carries Rebbi's statement even further. What does he say?

12)

(a)Rebbi too, follows the opinion of the Chachamim of Rebbi Yochanan ben Dahava'i. When he told woman who came to complain to him (that her husband 'turned the table upside-down') that he could not help her, seeing as the Torah permitted her to her husband - he was referring to the Pasuk in Ki Setzei "Ki Yikach Ish Ishah", which places the woman under her husband's jurisdiction regarding marital issues (see also Gilyon ha'Shas DH 'be'ha'Rosh').

(b)When Abaye said that it was no different than a fish - he meant that it was no different than a fish that one could eat as one wished, fried or cooked (similar to the Rabanan's comparison to meat, cited earlier).

(c)Rebbi learns from the Pasuk "v'Lo Sasuru Acharei Levavchem" - that a man may not 'drink from one cup whilst looking into another' (perform Tashmish with one woman whilst thinking about another).

(d)Ravina carries Rebbi's statement still further - by applying it even to performing Tashmish with one of one's wives whilst thinking about another one.

13)

(a)The Pasuk in Yechezkel "u'Varusi Mikem ha'Mordim v'ha'Posh'im" refers to 'Bnei Tesha Midos' (bad children that will result from nine improper relationships). What are 'Bnei Eima' and the 'Bnei Anusah'? Why does Rebbi Levi (the author of this Sugya) list them as one?

(b)'Bnei Senu'ah refers to a wife whom her husband hates, and Bnei Niduy, to a woman on whom a Niduy has been declared. Who is meant by ...

1. ... 'Bnei Temurah'?

2. ... 'Bnei Merivah'?

(c)'Bnei Shikrus' and 'Bnei Gerushas ha'Lev' are self-explanatory. Whom does Rebbi Levi mean by ...

1. ... 'Bnei Irbuvya'?

2. ... 'Bnei Chatzufah'?

(d)Under which circumstances then, did Rebbi Shmuel bar Nachmani Amar Rebbi Yonasan assure a man whose wife initiates Tashmish, children who will outshine even the children of the generation of Moshe Rabeinu?

13)

(a)The Pasuk "u'Varusi Mikem ha'Mordim v'ha'Posh'im" refers to 'Bnei Tesha Midos' (bad children that will result from nine improper relationships). 'Bnei Eima' refers to - a man who frightens his wife into having Tashmish with him against her will; the 'Bnei Anusah' - to when he actually takes her by force. Seeing as the two are similar, Rebbi Levi (the author of this Sugya) counts them as one.

(b)'Bnei Senu'ah refers to a wife whom her husband hates, and Bnei Niduy, to a woman on whom a Niduy has been declared. 'Bnei ...

1. ... Temurah' - refers to a man who has relations with one of his wives, whilst believing her to be another.

2. ... Merivah' - to a man who has relations with his wife after a quarrel (without first pacifying her).

(c)'Bnei Shikrus' and 'Bnei Gerushas ha'Lev' are self-explanatory.

1. 'Bnei Irbuvya' - refers to a woman with whom a number of men performed Tashmish one after the other (see also Rosh DH 'Bnei').

2. 'Bnei Chatzufah' - to a woman who takes the initiative in asking for Tashmish.

(d)Rebbi Shmuel bar Nachmani Amar Rebbi Yonasan (or Yochanan) assures a man whose wife initiates Tashmish, children who will outshine even the children in the generation of Moshe Rabeinu - if she does this by dropping a hint (like the Pasuk in Vayeitzei "Eilai Tavo" meaning "into my tent", rather than "Alai Tavo" [as we shall see shortly]), but not when she does so explicitly (see Agados Maharsha).

14)

(a)What is the significance of the fact that, with regard to the judges that Moshe chose, the Torah first writes in Devarim "Havu Lachem Anashim Chachamim u'Nevonim" and then "va'Ekach es Roshei Shivteichem, Anashim Chachamim vi'Yedu'im"?

(b)In view of that, what do we now learn from the Pasuk in Divrei ha'Yamim "mi'Bnei Yisachar Yod'ei Binah la'Itim"?

(c)What is the significance of the Pasuk in Vayechi "Yisachar Chamor Garem"?

(d)What does this have to do with the previous statement?

14)

(a)We learn from the fact that, with regard to the judges that Moshe chose, the Torah first writes in Devarim "Havu Lachem Anashim Chachamim u'Nevonim" and then "va'Ekach es Roshei Shivteichem, Anashim Chachamim vi'Yedu'im" - that, in Moshe's generation, there were no Nevonim.

(b)In view of that, we now learn from the Pasuk in Divrei ha'Yamim "mi'Bnei Yisachar Yod'ei Binah la'Itim" - that the generation referred to there merited what the generation of Moshe did not (Nevonim).

(c)The Pasuk in Vayechi "Yisachar Chamor Garem" - refers to the incident when Leah greeted Yakov on his return from the fields with the words "Elai Tavo", hinting that she had bought Rachel's turn to be with him, and that he should visit her tent instead of Rachel's, the result of which was the birth of Yisachar ...

(d)... proving the earlier statement of Rebbi Shmuel bar Nachmani Amar Rebbi Yonasan.

HADRAN ALACH 'VE'EILU MUTARIN'

PEREK ARBA'AH NEDARIM

15)

(a)The Mishnah lists four kinds of Nedarim. What are ...

1. ... Nidrei Ziruzin?

2. ... Nidrei Hava'i?

3. ... Nidrei Shegagos?

4. ... Nidrei Onsin?

(b)What do they all four have in common?

(c)In the Tana's example of Nidrei Ziruzin, he speaks about a seller and a buyer haggling over the price of the article. What does each one vow?

(d)To what extent are their Nedarim valid? Why are their thoughts not considered 'Devarim she'ba'Lev' (unspoken words, which have no validity)?

15)

(a)The Mishnah lists four kinds of Nedarim. Nidrei ...

1. ... Ziruzin - are Nedarim that one makes in order to encourage the opposite side to meet one's demands.

2. ... Havah'i - Nedarim that are obviously meaningless.

3. ... Shegagos - are Nedarim that one declared in error.

4. ... Onsin - Nedarim that one is forced to make.

(b)All four have in common - that the Neder is void at its inception.

(c)In the Tana's example of Nidrei Ziruzin, he speaks about a seller and a buyer haggling over the price of the article - where the seller vows that he will not sell it for less than a Sela, and the buyer vows that he will not pay more than a Shekel (half a Sela).

(d)Their Nedarim are not completely void - because it is obvious that each one is willing to settle for three Dinarim (there are four Dinarim in a Sela), and due to the principle that, under certain conditions, when a person's thoughts are obvious, then his unspoken words are considered as having been spoken, their thoughts in this case are not considered 'Devarim she'ba'Lev'.

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