1)

(a)The Mishnah rules - that the Chachamim annulled all 'Nidrei Ziruzin, Nidrei Hava'i, Nidrei Shegagos and Nidrei Onsin' (which the Tana will now explain).

(b)Nidrei Ziruzin refers to Reuven who is selling an object to Shimon - and where in the course of the negotiations, each one swears (by making a Neder on a loaf of bread) ...

1. ... Reuven - that he will not take a P'rutah less than a Sela, and ...

2. ... Shimon - that he will not pay a cent more than a Shekel (half a Sela).

(c)The Halachah is - that they are permitted to arrive at a compromise of three Dinrim ...

(d)Since it is obvious that this is what they meant in the first place (and that the Neder was merely to encourage the other party to compromise.

2)

(a)We need to insert in the Mishnah a case where - following Shimon's refusal to accept Reuven's invitation, the latter makes a Neder that he (Shimon) will be forbidden to derive any benefit from him unless Shimon relents and accepts his invitation.

(b)The Tana then adds that someone who comes on Rosh ha'Shanah and wants to annul in advance, all the Nedarim that he will make that year - must stand on Rosh ha'Shanah and issue a declaration to that effect.

(c)In fact - he can do this at any other time and for any time-period.

3)

(a)The above declaration will stand - provided he recalls it when making subsequent Nedarim (or Toch K'dei Dibur [a few seconds afterwards).

(b)It will not, however, stand, even if he does - in the event that he specifically has in mind for the Neder to take effect in spite of his stipulation.

(c)The same Din applies to Shevu'os as to Nedarim.

(d)Rebbi Eliezer ben Ya'akov now rules that in the case that we just inserted in the Mishnah (in connection with Reuven who wants to invite Shimon to eat by him) - Reuven must also specifically annul in advance any Neder that he makes in this regard; otherwise, his Neder will takes effect.

(e)The Halachah is - like Rebbi Eliezer ben Ya'akov.

4)

(a)The Chachamim also declared void Nidrei Hava'i - meaning Nedarim that are based on exaggerations (See also Tos.Yom-Tov).

(b)The Noder describes the ...

1. ... large number of people that he saw (See Tos. Yom-Tov) on the road as - equivalent to the number of people who left Egypt.

2. ... snake that he saw as - one that is spotted like a beam from the oil-press.

5)

(a)The Tana gives the example of 'Nidrei Shegagos' regarding eating and drinking ...

1. ... where he based his Neder (forbidding on himself the loaf of bread) either on the fact that he had not eaten or drunk, and then remembered that he had in fact eaten or drunk ...

2. ... or on the fact that he would not eat or drink, and he forgot and ate or drank.

(b)We learn from the word "ha'Adam" (in the Pasuk in Vayikra "le'Chol asher Yevatei ha'Adam bi'Shevu'ah") that - when a man makes a Shevu'ah (or declares a Neder [i.e. at the moment that it takes effect]) he must be aware of all the facts ('ha'Adam bi'Shevu'ah').

(c)And the example that he gives regarding his wife's transgression is - on the understanding that his wife had either stolen his purse or struck their son ...

(d)... in which case she would be forbidden to have Hana'ah from him (See Tos. Yom-Tov [and then discovered that it was not true]).

6)

(a)The final example that he presents regarding a group of people whom he discovers eating his figs, and where he ...

1. ... declared - that all the figs are Asur to them like a Korban ...

2. ... and he subsequently discovers - that his father and brother were among them (See Tos. Yom-Tov).

(b)Beis Shamai rules that his father and brother are permitted to continue eating the figs, but the other members of the group are not. According to Beis Hillel - they may all continue eating ...

(c)... based on the principle 'Neder she'Hutar Miktzaso, Hutar Kulo'.

(d)The reason behind the principle is - because the Noder wants the Neder to take effect according to the conditions that he set. Consequently, if part of it cannot take effect, none of it does.

7)

(a)The first three examples of 'Nidrei Onsin' all concern being Madir one's friend to eat by him (See Tos. Yom-Tov), and where either his friend or his son (See Tos. Yom-Tov) fell ill - or where a river prevented him from arriving (See Tos. Yom-Tov).

(b)The principle 'Devarim she'ba'Leiv Einan Devarim!' - means that we do not contend with stipulations that someone has in mind but does not specifically state.

(c)This case and all the previous ones are not considered 'Devarim she'ba'Leiv' - because it is obvious that this is what the Noder meant (so the Chachamim treated it as if he would have actually expressed it).

8)

(a)Still in connection with Nidrei Onsin, the Mishnah now discusses a case where a person is confronted by Haragin - robbers who kill people for their money, Charamin - (who rob, but do not go so far as to kill) and Muchsin.

(b)The Tana mentions both of the first two - based on the principle 'Lo Zu Af Zu' (not only this but even that).

(c)A 'Mocheis' is - a tax-collector.

(d)The Tana must be referring to self-appointed Muchsin (See Tos. Yom-Tov) - because if they were officially appointed to claim a fixed tax, it would be forbidden to avoid paying, whether he was appointed by a king who is ...

1. ... a Yisrael, or by a king who is ...

2. ... a Nochri ...

(e)... based, in turn, on the principle 'Diyna de'Malchusa Diyna' (one is obligated to comply with the law of the land (provided it does not clash with the law of the Torah).

9)

(a)The Tana permits the owner to declare ...

1. ... if any of the above are Jews - that the crops that they are claiming are Terumah, and in the event that ...

2. ... they are Nochrim - that it is the king's property.

(b)We assume that a Yisrael, even a robber, will not dare eat T'rumah (which is subject to Misah [See Tos. Yom-Tov]). Moreover, by claming that the crops are Terumah - they will not take it because (unless they are Kohanim), it will entail selling them cheaply to Kohanim.

(c)Beis Shamai confines the Heter to Neder, but not to Shevu'ah (See Tos. Yom-Tov DH ''Chutz mi'Shevu'ah' [1] and [2]). According to Beis Hillel - it extends to Shevu'ah as well.

10)

(a)Regarding ...

1. ... volunteering the Neder - Beis Shamai confine the Heter to where the robber demands it, whereas Beis Hillel permit the owner to volunteer his reply. Similarly when it comes to ..

2. ... extending the Neder beyond what the 'robbers' have demanded (as we will now explain)- Beis Shamai forbid it, Beis Hillel permit it.

(b)The Tana's example of 'extending the Neder ... ' is where the robbers ask him to state 'Konem Ishti Nehenis li' - and he then says ' ... Ishti u'Beni ... '.

(c)All the current rulings apply - to all four Nedarim cited at the beginning of the Perek.

(d)The only one of the four that requires Hatarah (mi'de'Rabbanan) is - Nidrei Zeruzin ...

(e)... as a direct result of which - the Heter is confined to Neder and does not apply to Shevu'ah.

11)

(a)The Mishnah discusses a case where someone declares saplings a Korban if they are not cut down (See Tos. Yom-Tov) - because he saw a storm approaching, and feared that they would get uprooted (See Tos. Yom-Tov).

(b)Likewise, he declared a garment a Korban if it does not get burned - when he saw a fire a raging in that area and he feared that it would get burned.

(c)In the event that they survive the danger and the owner then wants to redeem them - the Tana permits him to do so (like any other Hekdesh).

(d)With the money - he is obligated to purchase a Korban.

12)

(a)In the current case, for the plants and the garment to be forbidden, he would have had to begin his Neder with the words 'Harei Hein alai ke'Korban (See Tos. Yom-Tov).

(b)If he declares 'Harei Neti'os (or Talis Zu Korban) ad she'Yikatzeitzu (or ad she'Tisaref)' - then the money is Hekdesh and the saplings (and the garment) are forbidden on him forever ...

(c)... because what he meant was - that they are perpetually forbidden, in which case, the moment he redeems them Hekdesh takes effect on them again (See Tos. Yom-Tov).

13)

(a)The Tana rules that someone declares an Isur Hana'ah on himself from ...

1. ... sailors - may benefit from people who dwell on dry land.

2. ... people who live on dry land - his Neder incorporates sailors ...

(b)... because whereas the former tend to dwell on land whenever they return from their latest journey (See also Tos. Yom-Tov), the latter do not tend to live at sea at all.

(c)Some explain the continuation of the Mishnah 'Not like those who travel from Ako to Yafa' with reference to the Reisha meaning that - the implication that the Neder of someone who declares a Neder from sailors is confined to long-distance sailors, but not to people who travel by boat on the rivers.

(d)Whereas if it pertains to the Seifa, it means that - not only do those who travel by boat on rivers fall under the category of 'land-dwellers', but so are the long-distance sailors (See also Tos. Yom-Tov).

14)

(a)The Mishnah rules that someone who is Noder Hana'ah from 'those who see the sun - is forbidden to benefit even from people who are blind ...

(b)... since what he really means - is people upon whom the sun shines (See Tos. Yom-Tov).

(c)He cannot have meant to preclude the blind - because then he would have simply specified 'from those who are able to see'.

15)

(a)Someone makes a Neder from 'Shechorei Rosh' has in mind - someone who is bald and an old person whose hair has turned white.

(b)We know that he is not referring exclusively to bald men (but not to old ones) - because then he would have said 'Ba'alei Se'ar'.

(c)And we know that he does not also include women and children - because women and children are not classified as 'Shechorei Rosh'.

(d)Men are classified as Shechorei Rosh - because they sometimes uncover their hair, at which point one can tell whether their hair is black or white,

(e)... but not ...

1. ... women, who keep their hair covered (See Tiferes Yisrael) at all times (in public), or ...

2. ... children - who do not cover their hair at all, in which case the difference between boys and girls is not apparent (as it is in the case of grown-ups).

16)

(a)'Yilodim' - implies people who are already born (See Tos. Yom-Tov), whereas 'Noladim' - also includes people who have yet to be born.

(b)Consequently, someone who is Noder from Yilodim remain permitted to benefit from anyone who is already born ...

(c)... whereas if he is Noder from Noladim - he is forbidden to benefit even from Yilodim (people who are already born).

17)

(a)We amend Rebbi Meir's statement 'Af bi'Yelodim' to read - 'Af ha'Nolad min ha'Noladim Mutar bi'Yelodim'.

(b)Commenting on the Tana Kama's ruling (See Tos. Yom-Tov) regarding Noladin, the Chachamim explain that the Noder had in mind to forbid those whose way it is to give birth ...

1. ... incorporating - human-beings and animals (who are born to their mothers, but ...

2. ... precluding - birds and fish that are hatched from eggs.

18)

(a)If someone declares an Isur Hana'ah from people who keep Shabbos, besides Yisre'elim - the Tana includes Kutim in the Isur (See Tos. Yom-Tov).

(b)He says the same about people who eat garlic (See Tos. Yom-Tov & Tiferes Yisrael) - with reference to the Mitzvah instituted by Ezra to eat garlic on Friday night ...

(c)... because, by virtue of the fact that it increases the Zera, it is conducive to having more children.

(d)And the reason that he confines it to Friday night is - in keeping with Chazal, who fixed Friday night as the Z'man Onah (intimacy) for Talmidei-Chachamim.

19)

(a)Regarding someone who is Noder from those who go up to Yerushalayim (on Yom-Tov) however - the Mishnah confines the Isur to Yisre'elim but not to Kutim ...

(b)... since the Kutim, who, hate Yerushalayim, chose to sacrifice on Har Gerizim instead.

20)

(a)The Mishnah rules that if someone makes a Neder that he will not derive benefit from ...

1. ... the B'nei No'ach - he is permitted to benefit from a Yisrael.

2. ... Zera Avraham - he may not benefit from a Yisrael.

3. ... from whatever belongs to a Yisrael - he must pay more than the regular price for his purchases and ask less for whatever he sells.

(b)In the middle case, he is permitted to benefit from Nochrim ...

1. ... even from the descendants of Avraham other than Yitzchak, who are not considered Avraham's descendents ...

2. ... but not from Geirim.

(c)We learn ...

1. ... the latter ruling from the Pasuk in Vayeira "ki Av Hamon Goyim Nesaticha", and ...

2. ... the former from the Pasuk there "ki be'Yitzchak Yikarei l'cha Zara ("be'Yitzchak", 've'Lo Kol Yitzchak' [See also Tos. Yom-Tov]).

(d)If a person makes a Neder that ...

1. ... a Yisrael (See Tos. Yom-Tov) may not derive benefit from him - he must pay more than the regular price for his purchases and ask less for what he sells to his fellow-Jews(See Tos. Yom-Tov).

2. ... he may not benefit from a Yisrael - he must pay them less than the regular price for his purchases and ask more for what he sells, assuming that people will listen to him (See Tos. Yom-Tov).

3. ... neither may he benefit a Yisrael nor may a Yisrael benefit from him - then he may only purchase from Nochrim and sell to them (See Tos Yom-Tov).

21)

(a)The Tana now discusses someone who declares an Isur Hana'ah on Areilim or Mulim. By ...

1. ... 'Areilim', the Noder means - people who do not believe in the Mitzvah of Milah (including the P'ri'ah); whereas by ...

2. ... 'Mulim' he means those who do believe in it.

(b)He places ...

1. ... 'Arlei Yisrael' - in the category of Mulim, and ...

2. ... 'Mulei Akum' - in the category of Arelim.

(c)An ...

1. ... Areil Yisrael is one whose brothers died because of the Milah

2. ... Akum Mahul is for example, a circumcised Arab or Giv'oni.

22)

(a)Still in connection with the previous Mishnah, we learn from the Pasuk in Yirmiyah "Ki chol ha'Goyim Areilim, ve'Chol Beis Yisrael Arlei Leiv" that - it is only Nochrim who are called 'Areilim'.

(b)We learn the same thing from the Pesukim in Shmuel "Pen Yismachnah B'nos P'lishtim,Pen Ta'aloznah b'Nos ha'Arelim and "Vehayah ha'Pelishti ha'Arel ha'Zeh"(See Tos. Yom-Tov). The latter Pasuk is speaking about - Golyas (Goliath) the P'lishti.

23)

(a)Rebbi Yishmael praises Milah due to the many covenants - thirteen in total, that accompanied its institution (See Tos. Yom-Tov) ...

(b)... that Hash-m entered into with Avraham Avinu ...

(c)... as the Pesukim in Lech-L'cha explain.

(d)According to Rebbi Yossi, Milah is great because it overrides a Mitzvah that is more stringent than itself - namely the Mitzvah of Shabbos ...

(e)... as the Torah write in Tazri'a - "u'va'Yom ha'Shemini Yimol ("u'va'Yom" - 'Afilu be'Shabbos').

24)

(a)Rebbi Yehoshua ben Korchah too - calls the Mitzvah of Milah 'great', based on the fact that Moshe was given not even an hour's grace on account of it (See Tos. Yom-Tov DH 'she'Lo Nislah ... ' & 'M'lo Sha'ah').

(b)He describes Moshe as - Moshe ha'Tzadik.

(c)According to Rebbi Nechemyah, it is Nega'im (Tzara'as) that Milah overrides which earns it the title 'Gedolah' (See Tos. Yom-Tov). It ought perhaps not to have done so - because of the La'av removing a Baheres (a mark of Tzara'as) ...

(d)... as the Pasuk writes in Ki Seitzei - "Hishamer be'Nega ha'Tzara'as".

25)

(a)According to Rebbi, Milah is called 'great' - because it conferred upon Avraham Ovinu the title of - 'Shalem' (perfect).

(b)We learn it from the Pasuk in Lech-L'cha "His'halech Lefanai ve'Heyei Tamim" - since the word "Tamim" is synonymous with 'Shalem' (See Tos. Yom-Tov).

(c)Alternatively, Rebbi learns that it called 'great' from the Pasuk in Yirmiyah "Koh Amar Hash-m, Im Lo B'risi, Yomam va'Laylah, Chukos Shamayim va'Aretz Lo Samti" - from which we learn that - Hakadosh-Baruch-Hu only created the world on account of the Mitzvah of Milah.