1)

(a)The Tana states in a Beraisa that the Beis-Din would clarify to the person taking an oath that they were making him swear, not by what he thought in his heart, but according to what Hash-m and they had in mind. To whom were the Beis-Din speaking? What sort of Shevu'ah was he about to make?

(b)How do we initially explain this Beraisa in a way that poses a Kashya on Rav Ashi? What are 'Iskund'ri'?

(c)What is now the Kashya?

(d)In fact, we conclude, Beis-Din's warning comes to preclude the case of 'Kanya d'Rava'. What happened there?

(e)How did Beis-Din discover the truth?

1)

(a)In a Beraisa, the Tana states that the Beis-Din would clarify to the person taking an oath that they were making him swear, not by his personal understanding (referring to someone who changed something to suit his interpretation), but according to what Hash-m and they had in mind. They were speaking to - a person who was about to make a Shevu'as Modeh b'Miktzas (which is a Shevu'ah d'Oraisa).

(b)We initially explain this Beraisa - to preclude someone who paid back part of the loan with 'money' (a title that he was now ascribing to the 'Askundri' [wooden chips] that he gave his creditor).

(c)This poses a Kashya on Rav Ashi, in whose opinion people do not tend to refer to wooden chips as money, in which case the Shevu'ah would be void anyway (even without Beis Din's warning)..

(d)In fact, we conclude, Beis Din's warning comes to preclude the case of 'Kanya d'Rava' - where the debtor filled his cane with coins amounting to half the loan, and went to Beis-Din, where the creditor claimed his debt. After countering that he already paid him half, he asked the creditor to hold his cane whilst he held a Sefer Torah and swore that he had given him half his money.

(e)Beis-Din discovered the truth - when, in his anger, the creditor broke the cane, and all the money fell out.

2)

(a)How do we know that the Shevu'ah there was one of 'Modeh b'Miktzas' and not 'Kofer ba'Kol' (as the Lashon suggests)?

2)

(a)The Shevu'ah there must have been one of 'Modeh b'Miktzas' and not 'Kofer ba'Kol' (as the Lashon suggests) - because the Shevu'ah by Kofer ba'Kol (known as a Shevu'as Heses), is only mid'Rabanan, and does not require holding a Sefer Torah.

3)

(a)In view of the fact that the Torah in Nitzavim already writes "Ki es Asher Yeshno Poh ... v'es Asher Einenu Poh ... ', how do we interpret the Pasuk "v'Lo Itchem Levadchem"? What, according to the Tana of a Beraisa, is it coming to teach us?

(b)Initially, we explain this to preclude those who claim that they undertook to serve 'Elokah', and that what they really meant was some other god whom they called by that name, posing a Kashya on Rav Ashi. How do we reconcile the Beraisa with Rav Ashi?

(c)Then why did Moshe not make them swear that they would keep ...

1. ... 'Torah'?

2. ... 'Toros'?

3. ... 'Mitzvos'?

4. ... 'Kol Mitzvos'?

(d)Then why did he not make them swear that they would keep ...

1. ... 'Toros and Mitzvos'?

2. ... 'Torah Kulah'?

3)

(a)In view of the fact that the Torah in Nitzavim already writes "Ki es Asher Yeshno Poh ... v'es Asher Einenu Poh ... ', says the Tana in the Beraisa, the Pasuk "v'Lo Itchem Levadchem" must be coming to teach us - that Hash-m's oath was not subject to each person's interpretation ("and not what is with you in your hearts"), but according to what He and the Beis-Din had in mind.

(b)Initially, we explain this to preclude those who claim that they undertook to serve 'Elokah', and that what they really meant was some other god whom they called by that name, posing a Kashya on Rav Ashi. But we reconcile the Beraisa with Rav Ashi - by explaining that other gods are also called 'Elo'ah' (as we find in Bo - "uv'Chol Elohei Mitzrayim E'eseh Shefatim ... "). Consequently, he is not lending his own interpretation to anything, but is using one that is commonly accepted, in which case, it has nothing to do with Rav Ashi's ruling.

(c)Moshe did not make them swear that they would keep ...

1. ... 'Torah' - because 'Torah' implies the written Torah only.

2. ... 'Toros' - because 'Toros' implies 'the Torah of a Minchah, of a Chatas and of an Asham ... '.

3. ... 'Mitzvos' - because 'Mitzvos' implies the commands of the king.

4. ... 'Kol Mitzvos' - because 'Kol Mitzvos' implies the Mitzvah of Tzitzis, which is compared to all the (Mitzvos Aseh of the) Torah.

(d)Nor did he make them swear that they would keep ...

1. ... 'Toros and Mitzvos' - since that implies the Korbanos and the commands of the king.

2. ... 'Torah Kulah' - which implies that they will not serve idols, since Avodah-Zarah is compared to all (the Mitzvos Lo Sa'aseh of the) Torah.

4)

(a)We conclude that Moshe could well have said explicitly 'Avodas-Kochavim v'Torah Kulah'. What else could he have said that would cover all possible misunderstandings?

(b)So why did he say 've'Lo Itchem Levadchem"?

4)

(a)We conclude that Moshe could well have said 'Avodas-Kochavim v'Torah Kulah' - or 'the Taryag Mitzvos' ...

(b)... the reason that he said 'v'Lo Itchem Levadchem" is - because it is more incorporating (though it is not clear how).

5)

(a)Our Mishnah presumes that there is no such thing as a snake like (which we initially take to mean) as large as a beam from the oil-press. We query this however, from a snake that lived in the days of Shavur Malka, King of Persia. How much was that snake known to have eaten?

(b)So we explain Koros Beis-ha'Bad describes the snakes cracks, on which we ask further that all snakes have cracks. What do we answer?

(c)Why then, did the Tana need to describe the cracks like 'Koros Beis-ha'Bad'? Why did he not just say 'Ra'isi Nachash Taruf'?

(d)How does the Yerushalmi interpret 'Taruf'?

5)

(a)Our Mishnah presumes that there is no such thing as a snake like (which we initially take to mean) a beam from the oil-press. We query this however, from a snake that lived in the days of Shavur Malka, King of Persia - which was known to have eaten thirteen stables-full of straw.

(b)So we explain Koros Beis-ha'Bad describes the snakes cracks, on which we ask further that all snakes have cracks. And we answer - that all snakes have cracks on their necks, whereas the Tana is referring to cracks on their backs.

(c)The Tana needs to describe the cracks like 'Koros Beis ha'Bad' (rather than to just say 'Ra'isi Nachash Taruf') - to teach us that the beams of the Beis ha'Bad are expected to contain cracks, so that someone who sells such a beam, must make sure that it does.

(d)The Yerushalmi interprets 'Taruf' - as square (i.e. flat, rather than round - Rosh).

25b----------------------------------------25b

6)

(a)The Tana's first example of Nidrei Shegagos is 'Konam Im Achalti, v'Im Shasisi v'Nizkar she'Achal v'Shasah'. What is the second?

(b)What is the basic difference between the two cases?

6)

(a)The Tana's first example of Nidrei Shegagos is 'Konam Im Achalti, v'Im Shasisi v'Nizkar she'Achal v'Shasah' (in the past). The second is - 'she'Ani Ochel v'she'Ani Shoseh', v'Shachach v'Achal v'Shasah' (in the future).

(b)The basic difference between the two cases is - the fact that, in the first case he was a Shogeg already at the time when he declared the Neder, whereas in the second case, he became a Shogeg only at the time when he was supposed to fulfill it.

7)

(a)We already discussed the case of Konam Ishti Nehenis Li she'Ganvah es Kis'i ... v'Noda she'Lo Ganvah'. In the case that follows, someone saw people eating his figs, and declared 'Harei Aleichem Korban'. What happened next? What did he ruefully comment?

(b)Beis Shamai say 'Hen Mutarim, u'Mah she'Imahem Asurim'. Why is that?

(c)What do Beis Hillel hold?

(d)Why, in this last case, is the Neder void (according to Beis Hillel) even though the Noder did not mention his father or brothers at all, whereas in the case of 'Konam Ishti Nehenis Li ... ', the Neder is only void if he specifically concluded 'she'Ganvah es Kis'i'?

7)

(a)We already discussed the case of Konam Ishti Nehenis Li she'Ganvah es Kis'i ... v'Noda she'Lo Ganvah'. In the case that follows, someone saw people eating his figs, and declared 'Harei Aleichem Korban' - when he discovered that his father and his brother were among those partaking. At that point, he announced that, had he known that they were among those partaking, he would have worded his Neder differently, as will be explained in the Sugya.

(b)Beis Shamai say 'Hen Mutarim, u'Mah she'Imahem Asurim' - because they hold 'Neder she'Hutar Miktzaso, Lo Hutar Kulo' (if a Neder is partially annulled, the remainder remains intact).

(c)Beis Hillel hold - 'Neder she'Hutar Miktzaso, Hutar Kulo'. Consequently, the Neder is void.

(d)In this last case, the Neder is void (according to Beis Hillel) even though the Noder did not mention his father or brothers at all, whereas in the case of 'Konam Ishti Nehenis Li ... ', the Neder is void only if he specifically concluded 'she'Ganvah es Kis'i'. The reason for this is - because in the former case, the Noder would have precluded his father and brother completely from the Neder (in which case, 'there was an error in the Ikar Neder', to which one could apply the principle 'Ein Piv v'Libo Shavin' [he did not really mean what he said]); whereas in the latter case, the Neder pertained to his wife in any case, only it required qualification (in which case, as far as the Ikar Neder is concerned, it was a matter of 'Piv v'Libo Shavin').

8)

(a)The Tana in the Beraisa compares Shevu'os Shegagos to Nidrei Shegagos. What is the case of Shevu'os Shegagos that involved Rav Kahana and Rav Asi?

(b)Why is it considered Nidrei Shegagos?

(c)On the assumption that Shevu'os Shegagos apply in a case that is parallel to Nidrei Shegagos, why did we need to ask 'Heichi Dami Shevu'os Shegagos'?

(d)And what is then the Chidush in the case of Rav Kahana and Rav Asi?

8)

(a)The Tana in the Beraisa compares Shevu'os Shegagos to Nidrei Shegagos. The case of Shevu'os Shegagos that involved Rav Kahana and Rav Asi was - when they both quoted Rav, but the one swore that Rav had said this, and the other swore that he had said that ...

(b)... which is considered 'Nidrei Shegagos' - because each one swore in good faith.

(c)On the assumption that Shevu'os Shegagos apply a case that is parallel to Nidrei Shegagos, we ask 'Heichi Dami Shevu'os Shegagos' (not because we are looking for the appropriate case but) - in order to discover the extent of Shevu'os Shegagos.

(d)The Chidush in the case of Rav Kahana and Rav Asi is then - the fact it falls into the category of Shevu'os Shegagos, despite the fact that each one warned the other one that he was making a mistake.

9)

(a)What does the Tana mean when he says in a Mishnah in the ninth Perek 'Poschin b'Shabbasos uv'Yamim Tovim'?

(b)Why does this Neder require a Pesach, whilst the Neder of Beis Hillel in our Mishnah does not?

(c)Initially, they would revoke the Neder of someone who had his Neder annulled on the basis of Kevod Shabbos and Yom Tov as regards Shabbos and Yom Tov, but as far as during the week was concerned, the Neder remained intact. When did this change?

9)

(a)When the Tana says in a Mishnah in the ninth Perek 'Poschin b'Shabbasos uv'Yamim-Tovim' - he means that if the Noder tells the Chacham that, had he realized that his Neder contravenes Kevod Shabbos and Yom Tov, he would not have declared it, it is an acceptable Pesach.

(b)This Neder requires a Pesach - because there was no error in the Ikar Neder (seeing as he knew when he declared his initial Neder, that Shabbos and Yom Tov were included); whilst the Neder of Beis Hillel in our Mishnah does not - because there was an error in the Ikar Neder (since he was unaware that his father and brother were among those partaking of the figs - as we explained in the Mishnah).

(c)Initially, they would revoke the Neder of someone who had his Neder annulled on the basis of Kevod Shabbos and Yom Tov only as regards Shabbos and Yom Tov, but as far as during the week was concerned, the Neder remained intact. This changed - when Rebbi Akiva taught that 'Neder she'Hutar Miktzaso, Hutar Kulo' (like Beis Hillel).

10)

(a)Regarding the case of Beis Hillel in our Mishnah, Rabah draws a distinction between when the Noder says 'Had I known I would have said 1. ... 'Kulchem Asurim Chutz me'Aba'! and 2. ... 'Peloni u'Peloni Asurin v'Aba Mutar'. In which case do Beis Hillel concede that all the others remain forbidden, and in which case do they argue?

(b)On what basis do Beis Hillel argue in the latter case (to hold like Rebbi Akiva), even though they agree with Beis Shamai (and the Rabanan of Rebbi Akiva) in the former case?

10)

(a)Regarding the case of Beis Hillel in our Mishnah, Rabah draws a distinction between when the Noder says 'Had I known I would have said 1. ... 'Kulchem Asurim Chutz me'Aba'! - where Beis Hillel will concede that all the others remain forbidden (since he only altered the contents of his original Neder, but not the Lashon); and when he continued 2. ... 'Peloni u'Peloni Asurin v'Aba Mutar', where he altered both the contents and the Lashon - in which case they argue with Beis Shamai.

(b)Beis Hillel argue in the latter case (to hold like Rebbi Akiva), even though they agree with Beis Shamai (and the Rabanan of Rebbi Akiva) in the former case - because they require the error to be both in the contents of the Neder and in the Lashon before it can be included in Nidrei Shegagos (as we just explained).

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