1)
(a)What does the Mishnah say about the items in the following list: 'Like the flesh of a Chazir, Oros Levuvin, Neveilos, T'reifos, Shekatzim and Remasim'?
(b)What are 'Oros Levuvin'?
(c)Why are they Asur be'Hana'ah?
(d)What is the significance of the first item on the list 'Chulin she'Ochal lach'?
1)
(a)The Mishnah rules that if someone declares 'Like the flesh of a Chazir, Oros Levuvin, Neveilos, T'reifos, Shekatzim and Remasim - Mutar'.
(b)'Oros Levuvin' - are the hearts of animals that have been extracted whilst the animals are still alive in order to sacrifice them to Avodah-Zarah ...
(c)... which are Asur be'Hana'ah, like all things that are sacrificed to Avodah-Zarah ('Tikroves Akum').
(d)The first item on the list 'Chulin she'Ochal lach' is an introduction in the list that follows, to say that just as Chulin does not require the Heter of a Chacham to permit it, neither do they (See Tos.Yom-Tov).
2)
(a)On what grounds are all the items in the current list permitted?
(b)How do we learn this from the Pasuk in Matos "Ish ki Yidor Neder"?
(c)How will we reconcile the Mishnah in the first Perek 'Chatas she'Eini Ochal lach, Asur' with this Mishnah (bearing in mind that a Chatas is obligatory)?
(d)The Tana adds to the list 'le'Chalas Aharon ve'chi'Terumaso'. What is the significance of 'Chalas Aharon'?
(e)What are these two items doing in the current list?
2)
(a)All the items in the current list are Mutar - because it is the Torah which forbids them, and they are not 'Davar ha'Nadur (See Tos. Yom-Tov DH 'Mutar') ...
(b)... which the Chachamim darshen the Pasuk in Matos "Ish ki Yidor Neder" - 'Davar ha'Nadur, ve'Lo Davar ha'Asur').
(c)We reconcile with the Mishnah in the first Perek 'Chatas she'Eini Ochal lach, Asur', bearing in mind that a Chatas is generally obligatory - by referring a. to the Chatas of a Nazir, which is the result of the Neder thea the Nazir initially declared, and b. to the principle 'S'tam Nedarim Lehachmir'.
(d)The Tana adds to the list 'le'Chalas Aharon ve'chi'Terumaso'. What is the significance of 'Aharon here'. The Mishnah only mentions Aharon here - because he was the first Kohen.
(e)These two items are inserted in the current list - since they too, do not fall into the category of Davar ha'Nadur (See Tos. Yom-Tov).
3)
(a)If a man says to his wife 'You are (forbidden) on me like my mother!' (See Tos. Yom-Tov), why ought his Neder to be invalid?
(b)Then why did the Chachamim require the Neder to be released by a Chacham?
(c)With regard to whom do they issue this ruling?
(d)And when the Tana says 'Poschin lo Pesach mi'Makom Acher', what exactly does he mean? What might the Dayanim otherwise ask the husband before releasing his Neder (See Tiferes Yisrael)?
3)
(a)If a man says to his wife 'You are (forbidden) on me like my mother!' (See Tos. Yom-Tov), his Neder ought to be invalid - because it is not a Davar ha'Nadur.
(b)Nevertheless, the Chachamim ruled that it needs to be released by a Chacham - to prevent people from getting into the habit of forbidding their wives on themselves.
(c)They only issued this ruling with regard to - Amei ha'Aretz.
(d)And when the Tana says 'Poschin lo Pesach mi'Makom Acher', he means - that the Dayanim must find a Pesach (an excuse to release the Neder) from an external source, he means to preclude using Charatah (remorse) or his mother's indignity as a reason.
4)
(a)Why should a Neder 'she'Eini Yashein, Medaber or Mehalech' be invalid?
(b)On what basis is it nevertheless valid?
4)
(a)A Neder 'she'Eini (See Tos. Yom-Tov) Yashein, Medaber' or 'Mehalech' be invalid should be invalid - because it is abstract ...
(b)... and the reason that it is nevertheless valid is - because the Rabbanan decreed accordingly.
5)
(a)Why, if a man says to his wife 'Eini Meshamshech' should it also not be valid?
(b)To what can such a Neder be compared?
(c)How do we establish the case, to explain why the Neder is in fact,effective?
(d)On which principle is this based?
5)
(a)If a man says to his wife 'Eini Meshamshech' it should also not be valid - because he is Meshubad to her (obligated to provide her with that).
(b)Such a Neder can be compared - to Reuven who declares Shimon's fruit on Shimon.
(c)The Mishnah rules however, that it is included in 'bal Yachel Devaro' (meaning the Neder is, is fact, effective). To answer the question, we establish the case where he actually forbade the Hana'ah of her Tashmish on himself ('Hana'as Tashmishach alai Konam') in which case the Neder takes effect ...
(d)... due to the principle - 'Ein Ma'achilin le'Adam Davar ha'Asur lo (one does not feeda person somthing that is forbidden to him [See also Tos. Yom-Tov])'.
6)
(a)The Mishnah rules 'Shevu'ah sh'Eini Yashen, she'Eini Medaber, she'Eini Mehalech (See Tos. Yom-Tov), Asur'. Why is the Shevu'ah not Bateil because it is abstract?
(b)On what condition will the first of the above Shevu'os not take effect?
(c)Why is that?
(d)Has the Noder sinned by declaring such a Neder?
6)
(a)The Mishnah rules 'Shevu'ah sh'Eini Yashen, she'Eini Medaber, she'Eini Mehalech (See Tos. Yom-Tov), Asur', despite the fact that it is abstract - because, unlike a Neder, a Shevu'ah takes effect on abstract things.
(b)If however one was to swear that he will not sleep for three days - his Shevu'ah would not take effect ...
(c)... because it is impossible to keep it.
(d)Not only has the Noder sinned the moment he declares such a Neder - but he is also subject to Malkos.
7)
(a)What does the Tana rule in a case where a person says 'Korban Ochal lach', 'Korban she'Ochal lach' or 'lo Korban (or la'Korban) Lo Ochal lach'?
(b)The reason for the first ruling is because it is as if he declares that by the life of the Korban, he will not eat anything belonging to his friend. What is the reason for the second ruling? Who is the author of the Mishnah (See Tos. Tiferes Yisrael).
7)
(a)In a case where a person says 'Korban Ochal lach' and 'lo'Korban (or la'Korban) Lo Ochal lach', the Tana rules - 'Mutar'.
(b)The reason for the first ruling is because it is as if he declares that by the life of the Korban, he will not eat anything belonging to his friend. The reason for the second ruling - is because the author is RebbiMeir, who does not hold of the principle 'mi'Chelal La'av Atah Shome'a Hein'.
8)
(a)The Mishnah rules that regarding the equivalent cases where one says 'Shevu'ah' instead of 'Korban', the Shevu'ah takes effect. Why do we not interpret 'Shevu'ah Lo Ochal lach' like we just interpreted 'Korban Lo Ochal lach'?
(b)What does the Tana comment on the above-mentioned cases where he says 'Shevuah' instead of 'Korban' (See Tos. Yom-Tov)?
(c)Under what circumstances does 'Shevuah she'Ochal lach' imply a Shevu'ah that he will not eat?
8)
(a)The Mishnah rules that regarding the equivalent cases where one says 'Shevu'ah' instead of 'Korban', the Shevu'ah takes effect. We cannot interpret 'Shevu'ah Lo Ochal lach' like we just interpreted 'Korban Ochal lach' - since Shevu'ah, by definition, is abstract.
(b)The Tana comments on the above case and where he says 'Shevuah she'Ochal lach' or 'Lo Shevu'ah, Lo Ochal lach' (See Tos. Yom-Tov) - that these are cases where Shevu'ah is more stringent than Neder.
(c)'Shevuah she'Ochal lach' implies a Shevu'ah that he will not eat - where Shimon has already twice declined Reuven's offer to host him, and when he offers him a third time. He responds with 'Shevuah she'Ochal lach'.
9)
(a)Why can the statement 'Zeh Chomer ba'Shevu'os mi'bi'Nedarim' not pertain to the corresponding group that begins 'Korban Lo Ochal lach'?
(b)Then to which group of Nedarim does it pertain?
(c)In which regard are Shevu'os then more stringent than Nedarim?
9)
(a)The statement 'Zeh Chomer ba'Shevu'os mi'bi'Nedarim' cannot pertain to the corresponding group that begins 'Korban Lo Ochal lach' - since the Tana rules there 'Mutar', and 'more stringent' implies that they are both Asur, but that one of them is more stringent than the other.
(b)Consequently, it must pertain - to the group of Nedarim listed in the previous Mishnah 'Konam she'Eini Yashen' ...
(c)... which are only Asur mi'de'Rabbanan, whereas the current ruling regarding Shevu'os is d'Oraysa.
10)
(a)The Mishnah now presents cases where Nedarim are more stringent than Shevu'os. Why, if someone swears that he will not build a Succah, take the Lulav or put on Tefilin, is his Shevu'ah not effective?
(b)Then why is it effective with regard to Neder?
(c)Based on what principle will the Noder subsequently be forbidden to fulfill the Mitzvah?
(d)To what can this be compared?
(e)If Reuven undertakes to bring a Korban in the event that he lays Tefilin, and he subsequently lays Tefilin, what must he do?
10)
(a)The Mishnah now presents cases where Nedarim are more stringent than Shevu'os. If someone swears that he will not build a Succah, take the Lulav or put on Tefilin, his Shevu'ah is not effective - because a Shevu'ah concerns himself, and one cannot forbid upon oneself something that the Torah obligates one to do (See Tos. Yom-Tov).
(b)It is nevertheless effective with regard to Neder - since a Neder affects the objects that one is forbidding, on which the Neder takes affect.
(c)And the Noder is subsequently forbidden to fulfil the Mitzvah - because it is a 'Mitzvah ha'Ba'ah ba'Aveirah (a Mitzvah that one fulfils by transgressing an Aveirah)'.
(d)This can be compared to - eating Matzah of Tevel or of Hekdesh at the Seder, expecting to fulfil the Mitzvah of Matzah.
(e)If Reuven undertakes to bring a Korban in the event that he puts on Tefilin, and he then puts on Tefilin - then he must bring the Korban as he promised.
11)
(a)What is a 'Neder be'Soch Neder' and a 'Shevu'ah be'Soch Shevu'ah'?
(b)What distinction does the Tana draw between the two?
(c)What is an example of ...
1. ... Neder be'Soch Neder (assuming he began with the words 'Hareini Nazir Im Ochal'?
2. ... Shevu'ah be'Soch Shevu'ah?
(d)What will now be the Halachah regarding ...
1. ... the former?
2. ... the latter?
11)
(a)A 'Neder be'Soch Neder' is - where the Noder repeats the same Neder a second time, and a 'Shevu'ah be'Soch Shevu'ah' - where he repeats the same Shevu'ah a second time.
(b)The Tana declares the former effective, but not the latter.
(c)An example of ...
1. ... Neder be'Soch Neder is - where the Noder declares that he will a Nazir and then repeats it (See Tos. Yom-Tov DH 'Yesh Neder' & 'Hareini Nazir') in the event that he eats a certain loaf of bread ('Hareini Nazir Im Ochal').
2. ... Shevu'ah be'Soch Shevu'ah is - where he makes an oath that he will not eat the loaf and then repeats it.
(d)In ...
1. ... the former case - he is obligated to undertake two consecutive terms of Nezirus (of thirty days [S'tam Nezirus Sheloshim Yom]).
2. ... the latter - he is only Chayav one set of Malkos (See Tos. Yom-Tov).
12)
(a)On what condition will the second Shevu'ah take effect?
(b)From where do we learn that?
12)
(a)The second Shevu'ah will take effect however - if he annuls the first one ...
(b)... because otherwise, the Tana ought to have said that 'he only made one Shevu'ah'.
13)
(a)We have already discussed the Mishnah's opening statement 'S'tam Nedarim Lehachmir'. What is the logic behind it?
(b)What does 'u'Pirusham Lehakeil' mean?
13)
(a)We have already discussed the Mishnah's opening statement 'S'tam Nedarim Lehachmir'. The logic behind it is - the fact that when a person makes a Neder he obviously does so with the intention od rendering the article involved Asur (See Tos. Yom-Tov).
(b)'u'Pirusham Lehakeil' means - that if the Noder explains his words Lehakeil, he is believed.
14)
(a)The Tana presents four cases to illustrate the two above statements. The first is where the Noder says 'Harei alai ke'Basar Meli'ach (or) ke'Yayin Nesech!' What makes us assume that he may have been referring to the meat of a Korban?
(b)What else might he have been referring to?
(c)Why will his Neder not take effect if he was referring to Avodah-Zarah?
(d)How do we now apply to this case ...
1. ... 'S'tam Nedarim Lehachmir'?
2. ... 'u'Pirusham Lehakeil'?
14)
(a)The Tana presents four cases to illustrate the two above statements. The first is where the Noder says 'Harei alai ke'Basar Meli'ach (or) ke'Yayin Nesech!' What makes us think that he may have been referring to the meat of a Korban is - the fact that the Torah writes ... al Kol Korbancha Takriv Melach'.
(b)He might also have been referring to - the meat or the wine of Avhodah-Zarah ...
(c)... in which case his Neder will not take effect, since it is a Davar ha'Asur and not a Davar ha'Nadur.
(d)We now apply to this case ...
1. ... 'S'tam Nedarim Lehachmir' - by rendering the Neder valid if he fails to explain what he meant.
2. ... 'u'Pirusham Lehakeil' - there where he informs us that he meant the Basar Meli'ach or Yayin Nesech of Avodah-Zarah.
15)
(a)The second illustration is with regard to someone who declares 'Harei alai ke'Cherem!' What are the two possible interpretations of 'ke'Cherem'?
(b)Seeing as Chermei Kohanim are also subject to Me'eilah (in which case it is a Davar ha'Nadur), why is his Neder not effective even if he explains that that is what he meant?
(c)The third illustration concerns 'Harei alai Ma'aser'. Which kind of Ma'aser must the Noder have meant for his Neder ...
1. ... to be effective?
2. ... not to be effective?
(d)What will be the Din if he does not explain what he meant?
(e)What makes Ma'aser Beheimah a Davar ha'Nadur?
15)
(a)The second illustration is with regard to someone who declares 'Harei alai ke'Cherem!', which refers - either to Chermei Shamayim (that go to Bedek ha'Bayis) or Chermei Kohanim.
(b)The Din that Chermei Kohanim are also subject to Me'eilah (in which case it is a Davar ha'Nadur) - is confined to before the owner gives them to the Kohen; once he does, they adopt the Din of Chulin.
(c)The third illustration concerns 'Harei alai Ma'aser'. For the Neder ...
1. ... to be effective - the Noder must have meant - Ma'aser Beheimah (which is a Davar ha'Nadur).
2. ... not to be effective - he must have meant Ma'aser Dagan (which is not).
(d)If he does not explain what he meant - then we will apply the principle 'S'tam Nedarim Lehachmir'.
(e)What makes Ma'aser Beheimah a Davar ha'Nadur - is the fact that the owner needs to declare it Hekdesh (See Tos. Yom-Tov).
16)
(a)The fourth illustration is where the Noder declares 'Harei alai Terumah!'. T'rumas Kohen is of course not a Davar ha'Nadur. Which kind of Terumah must the Noder have had in mind for his Neder to be effective?
(b)Rebbi Yehudah disagrees with Rebbi Meir with regard to S'tam Terumah and S'tam Charamim. What does he say about S'tam Terumah in Galil?
(c)Why is that?
(d)He also states that 'S'tam Charamim bi'Yehudah Mutarin' (like the Tana who holds 'S'tam Nedarim Lehakeil (See Tos. Yom-Tov). Then on what grounds does he continue 'u've'Galil Asurin'?
(e)Like whom is the Halachah?
16)
(a)The fourth illustration is where the Noder declares 'Harei alai T'rumah!'. T'rumas Kohen is of course not a Davar ha'Nadur. For his Neder to be effective, the Noder must have had in mind - T'rumas ha'Lishkah (money which the Kohanim took regularly from the half-Shekalim donated by Yisrael to purchase the Korbanos).
(b)Rebbi Yehudah disagrees with Rebbi Meir with regard to S'tam T'rumah and S'tam Charamim. He says that S'tam T'rumah in Galil - is Mutar ...
(c)... because, due to the distance from Yerushalayim, they had little to do with the T'rumas ha'Lishkah (See Tos. Yom-Tov)
(d)He also states that 'S'tam Charamim bi'Yehudah Mutarin' (like the Tana who holds 'S'tam Nedarim Lehakeil (See Tos. Yom-Tov). Nevertheless, he continues 'u've'Galil Asurin' - because, since Kohanim were scarce in that area, people who spoke of Charamim S'tam had in mind Chermei Shamahyim.
(e)The Halachah is - like Rebbi Yehudah.
17)
(a)What does the Mishnah say about 'Nadar be'Cherem, Nadar be'Korban, Harei Atzmi Korban, Konam Ishti Nehenis li'?
(b)What does the Noder say he meant in the case of ...
1. ... 'Nadar be'Cherem'?
2. ... 'Nadar be'Korban'?
3. ... 'Harei Atzmi Korban'?
4. ... 'Konam Ishti Nehenis li'?
(c)What does Rebbi Meir say about an Am ha'Aretz who makes such a Neder and asks Beis-Din to annul it?
(d)If he then contravenes it, what do Beis-Din do, besides ordering him to observe the Neder for the corresponding number of days that he broke it (See Tiferes Yisrael)?
17)
(a)The Mishnah rules that 'Nadar be'Cherem, Nadar be'Korban, Harei Atzmi Korban, Konam Ishti Nehenis li' - do not requrie annulling.
(b)In the case of ...
1. ... 'Nadar be'Cherem', the Noder says he meant to swear by - 'Chermo shel Yam' (what the fishing-nets catch in the sea) ...
2. ... 'Nadar be'Korban' - 'by the Korbanos shel Melachim (gifts to the king).
3. ... 'Harei Atzmi Korban' - 'by the bone that he designated to swear by' (See Tos. Yom-Tov).
4. ... 'Konam Ishti Nehenis li' he meant - his former wife.
(c)Rebbi Meir say about an Am ha'Aretz (See Tos. Yom-Tov) who makes such a Neder and asks Beis-Din to annul it - they refuse to do so (either by way of Charatah [regret] or by searching for any other Pesach [opening]).
(d)If he then contravenes it, besides ordering him to observe the Neder for the corresponding number of days that he broke it - they also place on him a Niduy.
18)
(a)The Chachamim disagree with Rebbi Meir. What do they say about annulling the current Neder of an Am-ha'Aretz??
(b)What do Beis-Din say to him (See Tos. Yom-Tov)?
(c)Why is that?
(d)Like whom is the Halachah?
18)
(a)They Chachamim rule - that Beis-Din does annul the Am ha'Aretz's Neder, but only by means of an external Pesach (See Tos. Yom-Tov) ...
(b)... and they - rebuke him for making fun of Nedarim ...
(c)... to prevent him from doing it again.
(d)The Halachah is - like the Chachamim (See Tos. Yom-Tov).