NEDARIM 61 (8 Av) - Dedicated l'Iluy Nishmas Mrs. Lily (Leah bas Pinchas) Kornfeld, who passed away on 8 Av 5765, by her daughter and son-in-law, Diane and Andy Koenigsberg and family. May Lily and her husband's love for Torah and for Eretz Yisrael continue in all of their descendants.
 

12TH CYCLE DEDICATION
NEDARIM 61 (14 Adar) - Dedicated l'Iluy Nishmas HaRav Ze'ev Wolf Rosengarten of Zurich, Switzerland, a person of "Sheleimus" in every way - well-known for his Shimush of the Brisker Rav - who passed away on 14 Adar 5760. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Eli Rosengarten of Zurich.

1)

(a)What She'eilah do we ask, with regard to someone who says 'Yayin she'Ei'ni To'em Yovel'?

(b)In view of what we just learned (that 'Yom' has the same Din as 'Yom Echad', l'Chumra), how will we have to amend the wording of this She'eilah?

1)

(a)We ask, with regard to someone who says 'Yayin she'Eini To'em Yovel' - whether the Yovel year itself is part of the fifty-year cycle (and therefore included in the Neder), or whether it is the first year of the next cycle of seven years, and not part of the fifty-year cycle.

(b)In view of what we just learned (that 'Yom' has the same Din as 'Yom Echad', l'Chumra, 'Yovel' will also have the same Din as 'Yovel Echad', and) we will have to amend the Lashon of the She'eilah to read - 'Yayin she'Eini To'em Yovel Zeh'.

2)

(a)We conclude that the previous She'eilah involves a Machlokes Tana'im. What do the Rabanan learn from the Pasuk in Behar "v'Kidashtem es Shenas ha'Chamishim Shanah"?

(b)What does Rebbi Yehudah say?

(c)The Chachamim query Rebbi Yehudah from the Pasuk there "Shesh Shanim Tizra Sadecha", implying that one should be able to work one's field for six years of the seven-year cycle. Why does that pose a Kashya on Rebbi Yehudah?

(d)How does Rebbi Yehudah counter the Rabanan with the Pasuk "v'Asas es ha'Tevu'ah li'Shelosh ha'Shanim"? What does he prove from there?

2)

(a)We conclude that the previous She'eilah involves a Machlokes Tana'im. The Rabanan learn from the Pasuk "v'Kidashtem es Shenas ha'Chamishim Shanah" - that the Yovel year is holy, and is not therefore counted as part of the next Shemitah cycle.

(b)According to Rebbi Yehudah - the Yovel year is counted as the first year of the next cycle of Shemitah.

(c)The Chachamim query Rebbi Yehudah from the Pasuk there "Shesh Shanim Tizra Sadecha", implying that one should be able to work one's field for six years of the seven-year cycle - whereas, according to Rebbi Yehudah, in the first cycle following the Yovel, only five years will be available for working.

(d)Rebbi Yehudah counters the Rabanan with the Pasuk "v'Asas es ha'Tevu'ah li'Shelosh ha'Shanim" - whereas, according to the Chachamim, in the final cycle before the Yovel, the fields will have to yield not three year's produce, but four. So we are forced to say that in both cases, the Torah is going after the majority of years (notwithstanding exceptions).

61b----------------------------------------61b

3)

(a)Rebbi Meir says in a Mishnah in Kidushin that someone who has two sets of daughters from two wives, and who says 'Kidashti es Biti, ha'Gedolah, v'Eini Yode'a ... ', that all his daughters are betrothed except for the youngest one. Bearing in mind that he said 'ha'Gedolah', why is this so?

(b)What does Rebbi Yosi say?

(c)What is the basis of their Machlokes?

(d)How does Rebbi Chanina bar Avdimi Amar Rav reconcile this with their Machlokes in our Mishnah (with regard to 'ad Pnei ha'Pesach'), where they reverse their opinions?

3)

(a)Rebbi Meir says in a Mishnah in Kidushin that someone who has two sets of daughters from two wives, and who says 'Kidashti es Biti, ha'Gedolah, v'Eini Yode'a ... ', that all his daughters are betrothed except for the youngest one - because each one of them is older than one of his other daughters, since even the youngest daughter from his first wife, is older than the oldest daughter of his second one.

(b)According to Rebbi Yosi - they are all permitted except for the oldest daughter from his first wife.

(c)The basis of their Machlokes is - whether a person makes ambiguous statements (Rebbi Meir) or not (Rebbi Yosi).

(d)Rebbi Chanina bar Avdimi Amar Rav reconciles this with their Machlokes in our Mishnah (with regard to 'ad Pnei ha'Pesach'), where they say the opposite - by switching their opinions there to conform with what they say in Kidushin.

4)

(a)How does Rav know that it is in our Mishnah that the opinions need to be switched, and not the Mishnah in Kidushin?

(b)Why do we specifically rule like Rebbi Yosi?

(c)How does the Gemara in Kidushin explain the Machlokes between Rebbi Meir and Rebbi Yosi in our Sugya, in order to reconcile the two Sugyos?

(d)Why (besides the Beraisa that we just quoted) do we choose to rule like our Sugya rather than the Sugya in Kidushin?

4)

(a)Rav knows that it is in our Mishnah that the opinions need to be switched, and not the Mishnah in Kidushin - on account of a Beraisa, which specifically quotes Rebbi Meir as saying that 'ad Pnei' means 'ad she'Yetzei', and Rebbi Yosi, that it mean 'ad she'Yagi'a'.

(b)We specifically rule like Rebbi Yosi - because of the principle 'Rebbi Meir v'Rebbi Yosi, Halachah k'Rebbi Yosi' (the Halachah is actually like him whenever he argues with any of his colleagues).

(c)In order to reconcile the two Sugyos - the Gemara in Kidushin ascribes the Machlokes between Rebbi Meir and Rebbi Yosi in our Sugya to Lashon: according to Rebbi Meir, 'ad Pnei' implies until it arrives, whereas according to Rebbi Yosi, it implies until it has passed.

(d)Besides the Beraisa that we just quoted, we choose to rule like our Sugya rather than the Sugya in Kidushin - because it is the Sugya of Nedarim (the home Sugya, so to speak).

5)

(a)According to the above, what is the Halachah with regard to someone who is 'Noder min ha'Yayin ad Pnei Pesach'?

5)

(a)Consequently, the Halachah with regard to 'ha'Noder min ha'Yayin ad Pnei Pesach will be - ad she'Yagi'a'.

6)

(a)Our Mishnah states 'ad ha'Katzir, ad ha'Batzir, ad ha'Masik, Eino Asur ad she'Yagi'a'. Why is the fig harvest (and subsequently the summer) called 'Kayitz'?

(b)What is the meaning of ...

1. ... 'ha'Batzir'?

2. ... 'ha'Masik'?

(c)Will it make any difference whether he said 'ad she'Yehei' or 'ad she'Yetzei'?

(d)What is the basis for this? Why is that?

6)

(a)Our Mishnah states 'ad ha'Katzir, ad ha'Batzir, ad ha'Masik Eino Asur ad she'Yagi'a'. The fig harvest (and subsequently the summer) is called 'Kayitz' - because figs are picked by hand (and that is what 'Katzatz' means). And it is because this coincides with the summer season that the summer is called 'Kayitz'.

(b)

1. ... 'ha'Batzir' - means 'the grape-harvest', and ...

2. ... 'ha'Masik' - 'the olive-harvest'.

(c)It makes no difference whether he said 'ad she'Yehei' or 'ad she'Yeitzei' ...

(d)... because, when it comes to something that does not have a fixed time, it is illogical to differentiate between the two, because a person does not prohibit himself from something which covers an unspecified time-period.

7)

(a)What marks the beginning of the 'Kayitz'?

(b)'ad she'Ya'avor ha'Kayitz', the Mishnah concludes, 'ad she'Yakpilu ha'Miktzo'os'. What does that mean?

(c)What else are referred to as 'Miktzo'os'?

7)

(a)The beginning of the 'Kayitz' - coincides with the fig-pickers beginning to place the figs into baskets.

(b)'ad she'Ya'avor ha'Kayitz', the Mishnah concludes, 'ad she'Yakpilu ha'Miktzo'os'. This means - that if someone says 'ad she'Ya'avor ha'Kayitz', then his Neder stands until such time as they put away the knives (that were used to cut the figs before pressing them into cakes.

(c)The cakes of figs themselves - are also referred to as 'Miktzo'os'.

8)

(a)In a Beraisa, the Tana restricts the 'Kalkalah' in the Seifa of our Mishnah to one of figs, but not of grapes. Why is that? What is the basic difference between the fig-harvest and the grape-harvest?

(b)This distinction is also the basis of the Tana Kama's ruling in another Beraisa 'ha'Noder min Peiros ha'Kayitz, Ein Asur Ela bi'Te'einim'. Why then, does Raban Shimon ben Gamliel include grapes in 'Peiros ha'Kayitz'?

8)

(a)In a Beraisa, the Tana restricts the 'Kalkalah' in the Seifa of our Mishnah to one of figs, but not of grapes - because we are talking about someone who said 'ad ha'Kayitz' or 'ad she'Yehei ha'Kayitz', and as we just explained, Kayitz refers to figs that are picked by hand; whereas grapes are cut with a knife.

(b)This distinction is also the basis of the Tana Kama's ruling in another Beraisa 'ha'Noder min Peiros ha'Kayitz, Ein Asur Ela bi'Te'enim'. Raban Shimon ben Gamliel includes grapes in 'Peiros ha'Kayitz' - because once the stalks have dried, one tends to pick the grapes by hand too.

9)

(a)We learned in our Mishnah 'ad she'Ya'avor ha'Kayitz, ad she'Yakpilu ha'Miktzo'os'. Does this mean that the Neder extends until all the knives have been put away?

(b)This stage is also a sign for two other things. Why is one then permitted ...

1. ... to take them without fear of being called a thief?

2. ... to eat them without having to Ma'aser them?

9)

(a)We learned in our Mishnah 'ad she'Ya'avor ha'Kayitz, ad she'Yakpilu ha'Maktzo'os'. This does not mean that the Neder extends until all the knives have been put away - only most of them (as the Tana in a Beraisa specifically states).

(b)This stage is also a sign for two other things. One is then permitted ...

1. ... to take them without fear of being called a thief - because it is assumed that, by then, the owners have despaired of retrieving them, in which case, they automatically become Hefker.

2. ... to eat them without having to Ma'aser them - because Hefker is Patur from Ma'asros.

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