NEDARIM 81 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the 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)Shmuel teaches us that wearing unwashed clothes leads to insanity. What will be the result of ...

1. ... uncombed hair?

2. ... an unwashed body?

(b)What makes insanity worse than the other two?

(c)They sent from Eretz Yisrael that one should beware of the above, and that one should study Torah in a group. Based on the Pasuk in Balak "Yizal Mayim mi'Dalyav", what other warning did they issue?

(d)For which two reasons may one expect more success teaching a poor person Torah that a rich one?

1)

(a)Shmuel teaches us that wearing unwashed clothes leads to insanity ...

1. ... uncombed hair - to blindness, and ...

2. ... an unwashed body - to boils and scabs.

(b)What makes insanity worse than the other two is - the fact that, unlike them, it is incurable.

(c)They sent from Eretz Yisrael that one should beware of the above, and that one should study Torah in a group. Based on the Pasuk in Balak "Yizal Mayim mi'Dalyav" - they also issued a warning that one should take care to teach Torah to the poor.

(d)One can expect more success teaching a poor person Torah that a rich one - because a. they have no business concerns to distract them from their learning, and b. they are humble.

2)

(a)According to Rav Yosef, it is common for the sons of Talmidei-Chachamim not to follow in their fathers' footsteps, so that people should not believe that Torah is an inheritance. Rav Shisha Brei d'Rav Idi maintains that it is to prevent them from possibly becoming conceited. What does Mar Zutra say?

(b)Rav Ashi attributed it to the fact that the Talmidei-Chachamim used to call others donkeys. What final reason does Ravina give?

(c)Ravina bases his explanation on a statement by Rav Yehudah Amar Rav, which in turn, is based on the Pasuk in Yirmeyahu "Mi ha'Ish he'Chacham Veyaven es Zos". What is it that neither the sages nor the prophets nor even the angels were able to explain?

(d)How did Rav Yehudah Amar Rav extrapolate the solution to the problem from the Pasuk the "Vayomer, Al Azvam es Torasi ... "?

(e)What does "v'Lo Halchu Bah" come to add to "Lo Sham'u b'Koli"?

2)

(a)According to Rav Yosef, it is common for the sons of Talmidei-Chachamim not to follow in their fathers' footsteps, so that people should not believe that Torah is an inheritance; Rav Shisha Brei d'Rav Idi maintains that it is to prevent them from possibly becoming conceited, whereas according to Mar Zutra - they definitely would.

(b)Rav Ashi attributes it to the fact that the Talmidei-Chachamim used to call others donkeys, whilst Ravina holds - that it is due to their failure to recite a Berachah over the Torah.

(c)Ravina bases his explanation on a statement by Rav Yehudah Amar Rav, which in turn, is based on the Pasuk in Yirmeyahu "Mi ha'Ish he'Chacham Veyaven es Zos", What neither the sages nor the prophets nor even the angels were able to explain - is what it was that caused the destruction of the Beis-Hamikdash.

(d)Rav Yehudah Amar Rav extrapolated the solution to the problem from the Pasuk there "Vayomer, Al Azvam es Torasi ... ".

(e)"v'Lo Halchu Bah" comes to add to "Lo Sham'u b'Koli" - that they did not recite a Berachah before studying Torah.

3)

(a)Why can we not explain the Pasuk "Al Azvam es Torasi" literally?

(b)What is the significance of the fact that Yisrael did not recite a Berachah before studying Torah? Why should an ordinary Aseh have the power to cause Yisrael's downfall?

3)

(a)We cannot explain the Pasuk "Al Azvam es Torasi" literally - because then, why would nobody but Hash-m be able to explain why the destruction took place?

(b)The significance of the fact that Yisrael did not recite a Berachah before studying Torah (an ordinary Aseh) should have the power to cause their downfall is - because it was a reflection of their not having learned Torah l'Shem Shamayim. It was a sign that they did not consider Torah sufficiently important to recite a Berachah over it (Rabeinu Yonah).

4)

(a)Why did Isi bar Yehudah not attend Rebbi Yosi's Shi'urim for three days?

(b)Vardimus, Rebbi Yosi's son, cited a source from a Pasuk in support of his father's ruling. With regard to the cities of the Leviyim, the Pasuk in Masei writes "u'Migresheihem Yiheyu li'Vehemtam ... ul'Chol Chayasam". Why can "ul'Chol Chayasam" not refer to ...

1. ... undomesticated animals?

2. ... regular livelihood?

(c)Then to what does it refer?

(d)How does this now bear out Rebbi Yosi?

4)

(a)Isi bar Yehudah did not attend Rebbi Yosi's Shi'urim for three days - because he queried his ruling (giving precedence to using their water to wash their own clothes before permitting others to drink it).

(b)Vardimus, Rebbi Yosi's son, cited a source from a Pasuk in support of his father's ruling. With regard to the cities of the Leviyim, the Pasuk in Masei writes "u'Migresheihem Yiheyu li'Vehemtam ... ul'Chol Chayasam", which cannot refer to ...

1. ... undomesticated animals - because of the principle 'Chayah bi'Chelal Behemah'.

2. ... regular livelihood - because that would be obvious and would not require a Pasuk.

(c)It therefore refers - to washing clothes.

(d)This now bears out Rebbi Yosi - because the Lashon "l'Chol Chayasam" implies that the Pasuk refers to washing clothes as something that is life-preserving.

5)

(a)The Rambam rules like Rebbi Yosi, due a statement by Rav Huna. Which statement?

(b)We prefer to rule like the Chachamim however. What does this ruling constitute?

(c)We rule this way for one of two reasons. One of them is because of the principle 'Halachah k'Rabim'. What is the other?

5)

(a)The Rambam rules like Rebbi Yosi, due a statement by Rav Huna - that all the Mishnahs in this Perek follow the opinion of Rebbi Yosi.

(b)We rule like the Chachamim however - that Rechitzah and Kishut constitute Inuy Nefesh and not just Beino l'Veinah.

(c)We rule this way for one of two reasons. One of them is because of the principle 'Halachah k'Rabim' - the other, because Shmuel mi'Sh'mei d'Levi holds like them (as we shall see later).

6)

(a)In the Beraisa we discussed earlier, Rebbi Yosi says 'Ein Eilu Nidrei Inuy Nefesh'. What leads us to believe that Rebbi Yosi concedes that Rechitzah and Kishut are considered Beino l'Veinah?

(b)How might we explain Rebbi Yosi, even assuming that they are not?

(c)According to Rav Ada bar Ahavah, Rebbi Yosi does indeed concede that Rechitzah and Kishut constitute Beino l'Veinah. On what grounds does Rav Huna disagree with this? Why might a husband not be fussy about his wife not taking a bath (see Rosh)?

6)

(a)In the Beraisa we discussed earlier, Rebbi Yosi says 'Ein Eilu Nidrei Inuy Nefesh'. What leads us to believe that Rebbi Yosi concedes that Rechitzah and Kishut are considered Beino l'Veinah - is the fact that he used such a Lashon (with its implication), when he could simply have said 'Lo Yafer'.

(b)Alternatively however, even assuming that they are not we explain - that he is speaking to the Rabanan on their terms 'According to me', he is saying, 'these Nedarim are not even Beino l'Veinah either. But won't you at least agree that it is only because of Beino l'Veinah that he can annul them, and not because they are Inuy Nefesh?'

(c)According to Rav Ada bar Ahavah, Rebbi Yosi does indeed concede that Rechitzah and Kishut constitute Beino l'Veinah. Rav Huna disagrees - because 'We have yet to find a fox dying as a result of the conditions of his lair'. Here too, says Rav Huna, not taking a bath will not lead to any harm, because her husband, who soon becomes used to her not bathing, will learn to live with it.

81b----------------------------------------81b

7)

(a)We have learned in a Beraisa that a husband can annul Nidrei Inuy Nefesh irrespective of whether they are Beino l'Veinah, or Beinah l'Vein Acheirim. 'Konam Peiros Alai' is an example of Nidrei Inuy Nefesh which is not Beino l'Veinah. What is an example of Nedarim which are not Inuy Nefesh, and which are ...

1. ... Beinah l'Vein Acheirim (and which he cannot annul)?

2. ... Beino l'Veinah (and which he can annul)?

(b)Why did the Tana switch the order to first explain Nedarim Beinah l'Vein Acheirim and then those which are Beino l'Veinah?

(c)Why is 'she'Lo Eten Teven Lifnei Behemtecha ... ' not considered Beino l'Veinah?

7)

(a)We have learned in a Beraisa that a husband can annul Nidrei Inuy Nefesh irrespective of whether they are Beino l'Veinah, or Beinah l'Vein Acheirim. 'Konam Peiros Alai' is an example of Nidrei Inuy Nefesh which is not Beino l'Veinah. An example of Nedarim which are not Inuy Nefesh, and which are ...

1. ... Beinah l'Vein Acheirim (and which he cannot annul) is - 'Konam she'Eini Osah L'fi Aba, L'fi Achicha ... '.

2. ... Beino l'Veinah (and which he can annul) is - 'Konam she'Lo Ekachel, v'she'Lo Efarches' (various kinds of make-up).

(b)The Tana switched the order to first explain Nedarim Beinah l'Vein Acheirim, and then those which are Beino l'Veinah - because the former are straightforward, whereas the latter are subdivided into two categories, as we shall soon see.

(c)'she'Lo Eten Teven Lifnei Behemtecha ... ' is not considered Beino l'Veinah - because a wife is not obligated to feed her husband's animals (even though from the Sugya in Kesuvos one initially gets the impression that she is).

8)

(a)In the list of Devarim she'Beino l'Veinah, the Tana lists three things which require Hafarah; two of them are 'she'Lo Ekachel, v'she'Lo Efarches'. What is the third?

(b)In what way are the following three Nedarim different than the previous ones: not to make her husband's bed, not to pour out her his wine, and not to wash his hands, face and feet?

(c)Raban Gamliel Omer, Yafer. she'Ne'emar "Lo Yachel Devaro". What does this mean? Is the obligation to annul the Neder mi'd'Oraisa or mi'de'Rabanan?

(d)Alternatively, Raban Gamliel Darshens from "Lo Yachel Devaro" that a Chacham cannot annul his own Nedarim. Seeing as Raban Gamliel (in the previous Derashah) did not learn anything from "Lo Yachel Devaro", how can we use the term 'Alternatively' ('Davar Acher')?

8)

(a)In the list of Devarim she'Beino l'Veinah, the Tana lists three things which require Hafarah; 'she'Lo Ekachel, v'she'Lo Efarches' - and 'she'Lo Ashamesh Mitasi'.

(b)A Neder not to make her husband's bed, not to pour out his wine, and not to wash his hands, face and feet are different than the previous Nedarim - inasmuch as they do not even require Hafarah, since she is Meshubad to him (why the previous three do require Hafarah will be explained later in the Sugya).

(c)Raban Gamliel Omer, Yafer. she'Ne'emar "Lo Yachel Devaro" - mid'Rabanan, to discourage her from treating Nedarim lightly and by then going on to contravene "Lo Yachel Devaro" (and "Lo Yachel Devaro" is merely an Asmachta).

(d)Alternatively, Raban Gamliel Darshens from "Lo Yachel Devaro" that a Chacham cannot annul his own Nedarim. Despite the fact that Raban Gamliel (in the previous Derashah) did not specifically learn anything from "Lo Yachel Devaro", we use the term 'Alternatively' ('Davar Acher') - because it seems that his Din is not mi'de'Rabanan at all, but derives from the word "Lo Yachel Devaro", implying 'any word', even if technically, it is not a Neder.

9)

(a)We cited this Beraisa in order to resolve our She'eilah whether Rebbi Yosi permits a husband to annul the Nedarim of Rechitzah and Kishut because of Devarim she'Beino l'Veinah or not. How do we achieve this from 'she'Lo Ekachel, v'she'Lo Efarches ... Yafer Mishum Devarim she'Beino l'Veinah'?

9)

(a)We cited this Beraisa in order to resolve our She'eilah whether Rebbi Yosi permits a husband to annul the Nedarim of Rechitzah and Kishut because of Devarim she'Beino l'Veinah or not. We achieve this from 'she'Lo Ekachel, v'she'Lo Efarches ... Yafer Mishum Devarim she'Beino l'Veinah' - whose author can only be Rebbi Yosi, because, according to the Chachamim, Rechitzah and Kishut belong to the category of Inuy Nefesh.

10)

(a)We learned in the Beraisa 'v'she'Lo Ashamesh Mitasi, Yafer Mishum Devarim she'Beino l'Veinah'. Why can this not be speaking when she said 'Hana'as Tashmishi Alecha'?

(b)So it must be speaking when she said 'Hana'as Tashmishcha Alai', and it requires Hafarah, like Rav Kahana. What does Rav Kahana say?

(c)Who is the author of the Beraisa which prohibits permitting a prohibition to people who have undertaken it, because of "Lo Yachel Devaro", even though they did not undertake it in the form of a Neder?

(d)On the assumption that the Halachah is like Raban Gamliel, how will this affect a case where someone undertakes not to eat meat or drink wine during a certain time-period each year, and then one year, he is invited to a Simchah where meat and wine are served?

10)

(a)We learned in the Beraisa 've'she'Lo Ashamesh Mitasi, Yafer Mishum Devarim she'Beino l'Veinah'. This cannot be speaking when she said 'Hana'as Tashmishi Alecha' - because such a Neder would not require Hafarah, since she is Meshubad to him.

(b)So it must be speaking when she said 'Hana'as Tashmishcha Alai', and it requires Hafarah, like Rav Kahana - who says that we do not feed someone something that is forbidden to him.

(c)The author of the Beraisa which prohibits permitting a prohibition to people who have undertaken it, because of "Lo Yachel Devaro", even though they did not undertake it in the form of a Neder - is Raban Gamliel.

(d)On the assumption that the Halachah is like Raban Gamliel, This means that if someone undertakes not to eat meat or drink wine during a certain time-period each year, and then one year, he is invited to a Simchah where meat and wine are served - he will have to have his undertaking revoked (even though he did make it in the form of a Neder).

11)

(a)The Tana Kama of a Mishnah in Nega'im says ...

1. ... 'Kol ha'Nega'im Adam Ro'eh Chutz mi'Nig'ei Atzmo'. What does Rebbi Yehudah say?

2. ... 'Kol ha'Nedarim Adam Matir Chutz mi'Nidrei Atzmo'. What does Rebbi Yehudah say?

(b)Why does the Ramban rule like Rebbi Yehudah in the latter case?

(c)The Yerushalmi rules that if someone forbids the residents of a certain town to have benefit from him, the Neder cannot be revoked by a Chacham who resides in that town. Would the same apply if he forbade benefit from the residents upon himself?

(d)Why the difference?

11)

(a)The Tana Kama of a Mishnah in Nega'im says ...

1. ... 'Kol ha'Nega'im Adam Ro'eh Chutz mi'Nig'ei Atzmo'. Rebbi Yehudah says - 'Af Lo Nig'ei Kerovav'.

2. ... 'Kol ha'Nedarim Adam Matir Chutz mi'Nidrei Atzmo'. Rebbi Yehudah says - 'Af Lo Nidrei Ishto she'Beino l'Vein Acheirim'.

(b)The Ramban rules like Rebbi Yehudah in the latter case - because Rebbi Chiya quotes Rebbi Yehudah's opinion in the name of the Chachamim.

(c)The Yerushalmi rules that if someone forbids the residents of a certain town to have benefit from him, the Neder cannot be revoked by a Chacham who resides in that town - though it could be if he were to forbade benefit from the residents upon himself ...

(d)... seeing as the Chacham would not be personally involved and therefore biased, like he would in the first case).

12)

(a)Rava asked Rav Nachman whether Tashmish, according to the Rabanan, falls under the category of Inuy Nefesh or Beino l'Veinah. What difference does it make under which category it falls?

(b)On what grounds do we reject the proof from the Mishnah which says (regarding the Neder of a woman 'Netulah Ani min ha'Yehudim'), 'Yafer Chelko u'Meshamsaso', that it must be Inuy Nefesh?

(c)The She'eilah whether Tashmish is considered Inuy Nefesh or Devarim she'Beino l'Veinah remains unresolved. What is the Halachah?

(d)Why can we not resolve the She'eilah from Shmuel, who says a little later 'Aval Hana'as Peloni Alai, Mefer'?

12)

(a)Rava asked Rav Nachman whether Tashmish, according to the Rabanan, falls under the category of Inuy Nefesh - in which case, her husband can annul the Neder concerning others too (i.e. to continue to be effective after his death or after he divorced her) or Beino l'Veinah - in which case he can only annul it vis-a-vis himself, as long as they are married.

(b)We reject the proof from the Mishnah later which says (regarding the Neder of a woman 'Netulah Ani min ha'Yehudim'), Yafer Chelko u'Meshamsaso', that it must be Inuy Nefesh - because the author of all the Mishnahs in this Perek is Rebbi Yosi (whose opinion we already know), whereas our She'eilah concerns the opinion of the Rabanan.

(c)The She'eilah whether Tashmish is considered Inuy Nefesh or Devarim she'Beino l'Veinah remains unresolved. The Halachah is - (l'Chumra) that it is considered Devarim she'Beino l'Veinah (in which case the husband is only permitted to annul the Neder inasmuch as effects him, but not in any other regard).

(d)We cannot resolve the She'eilah from Shmuel, who says a little later 'Aval Hana'as Peloni Alai, Mefer' - because Shmuel is referring to Nedarim that constitute Inuy Nefesh (and there is nothing in his words that will prove that Tashmish belongs to that category).