Search

Nedarim 2

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder

0:00
0:00



podcast placeholder

0:00
0:00



Summary
Masechet Nedarim is sponsored by Aviva and Benny Adler in honor of our mother Lorraine Kahane and in loving memory of our parents Joseph Kahane z”l, Miriam and Ari Adler z”l. 
Today’s daf is sponsored by the Agus family in honor of Aviva Adler completing the Siyum HaShas.
Today’s daf is sponsored by Rabia and Oliver Mitchell in honor of their daughter Ellin Mitchell Cooper on becoming the Yoetzet Halacha for Manhattan. 
Today’s daf is sponsored by Amy Bardack in loving memory of the 11 souls who were killed in the Pittsburgh synagogue shooting four years ago. Yehi Zichram Baruch.
When someone takes a vow to forbid an item, that vow is effective. One can take a vow using the language of a vow (neder) or also using a similar term that has the same meaning (kinui).  The same holds true for cherem (a type of vow performed by using the term cherem), oaths and vows to take upon oneself to become a nazir. If one uses a different language that indicates that one is distancing or separating from a friend or one will not eat from a friend, this is effective as well. The Gemara refers to this category as yadot, incomplete statements. If one uses a language of excommunication: “I am menuda (excommunicated) from you,” Rabbi Akiva was unsure how to treat it and therefore ruled stringently. Masechet Nazir begins in the same manner, mentioning that if one uses a kinui (word similar to) of nazir, the vow is effective, but does not mention vow, oaths and cherem. The Gemara notes the difference between the two mishnayot and tries to figure out why. The answer leads to a further question regarding the order of our Mishna – vows, cherem, oaths and nazir. Another issue is raised regarding the structure of the Mishna. To resolve this issue, they explain that the Mishna is missing words. This leads to a further question as the order is troubling – it starts with kinuyim and then moves to yadot, then explains the yadot in detail and then goes back to explain kinuyim. Why? This can be explained as an ABBA structure as can be found in a number of other mishnayot. Why are some mishnayot written in that structure and others ABAB?

Nedarim 2

כָּל כִּינּוּיֵי נְדָרִים — כִּנְדָרִים,

MISHNA: When an individual takes a vow, he renders an object forbidden to himself or to others as though it were a sacrificial offering; this parallels the act of consecrating an offering, which also renders an item forbidden for personal use by means of a verbal declaration. The most direct expression of a vow is when an individual says: This object is forbidden to me, or to others, like an offering. Additionally, the mishna states that all substitutes for the language of vows are like vows. Consequently, if one states that an object is forbidden to him like a konam instead of like an offering [korban], the vow takes effect, as konam is a substitute term for the word korban (see 10a).

וַחֲרָמִים — כַּחֲרָמִים, וּשְׁבוּעוֹת — כִּשְׁבוּעוֹת, וּנְזִירוּת — כִּנְזִירוּת.

Similarly, substitutes for the language of dedications are like dedications, substitutes for the language of oaths are like oaths, and substitutes for the language of nazirite vows are like nazirite vows. Therefore, if one declared a ḥerekh instead of a dedication [ḥerem], a shevuta instead of an oath [shevua], or proclaimed that he was becoming a nazik instead of a nazirite [nazir], his statement takes effect.

הָאוֹמֵר לַחֲבֵרוֹ ״מוּדְּרַנִי מִמָּךְ״, ״מוּפְרְשַׁנִי מִמָּךְ״, ״מְרוּחֲקַנִי מִמָּךְ״, ״שֶׁאֲנִי אוֹכֵל לָךְ״, ״שֶׁאֲנִי טוֹעֵם לָךְ״ — אָסוּר.

With regard to one who says to another: I am avowed from you, or: I am separated from you, or: I am distanced from you, and he then says: That which I eat of yours, or: That which I taste of yours, even though he did not explicitly state that he is taking a vow or specify the nature of the vow, the object of his vow is nevertheless forbidden. His intention is understood based on his incomplete statement, known as an intimation of a vow, and his vow therefore takes effect.

״מְנוּדֶּה אֲנִי לָךְ״, רַבִּי עֲקִיבָא הָיָה חוֹכֵךְ בָּזֶה לְהַחְמִיר.

However, if he says: I am ostracized from you, which does not clearly declare any matter to be prohibited, Rabbi Akiva was uncertain about this halakha but was inclined to rule stringently about this and consider it a vow prohibiting the speaker from deriving benefit from his fellow.

גְּמָ׳ ״כָּל כִּינּוּיֵי נְדָרִים כִּנְדָרִים״, מַאי שְׁנָא גַּבֵּי נָזִיר דְּלָא קָתָנֵי לְהוּ לְכוּלְּהוּ, וּמַאי שְׁנָא גַּבֵּי נְדָרִים דְּקָתָנֵי לְכוּלְּהוּ?

GEMARA: It was taught in the mishna that all substitutes for the language of vows are like vows, substitutes for the language of dedications are like dedications, substitutes for the language of oaths are like oaths, and substitutes for the language of nazirite vows are like nazirite vows. The Gemara asks: What is different with regard to the first mishna of tractate Nazir that it does not teach all of them, i.e., all of the cases listed above besides nazirite vows, and what is different with regard to the first mishna of tractate Nedarim that it teaches all of them and not merely the case of vows, which is the subject directly relevant to this tractate?

מִשּׁוּם דְּנֶדֶר וּשְׁבוּעָה כְּתִיבִי גַּבֵּי הֲדָדֵי תָּנֵי תַּרְתֵּין, וְכֵיוָן דְּתָנֵי תַּרְתֵּין — תָּנֵי לְכוּלְּהוּ.

The Gemara answers that due to the fact that vows and oaths are written next to each other in the Torah in the verse: “When a man takes a vow to the Lord, or swears an oath” (Numbers 30:3), the mishna teaches these two cases, i.e., substitutes for the language of vows and oaths. And since it taught two of the cases, it taught all of them.

וְלִיתְנֵי כִּינּוּיֵי שְׁבוּעוֹת בָּתַר נְדָרִים! אַיְּידֵי דִּתְנָא נְדָרִים דְּמִיתְּסַר חֶפְצָא עֲלֵיהּ, תְּנָא נָמֵי חֲרָמִים, דְּמִיתְּסַר חֶפְצָא עֲלֵיהּ. לְאַפּוֹקֵי שְׁבוּעָה, דְּקָאָסַר נַפְשֵׁיהּ מִן חֶפְצָא.

The Gemara asks: If so, let the mishna teach the halakha with regard to substitutes for the language of oaths immediately after the case of substitutes for the language of vows. The Gemara answers: Since it taught the case of vows, whereby an object becomes forbidden to one, it taught also the case of dedications, whereby an object becomes forbidden to one. This is to the exclusion of an oath, whereby one prohibits himself from making use of an object. In the case of an oath, unlike a vow or a dedication, one prohibits himself from performing a particular action rather than declaring an object to be forbidden.

פְּתַח בְּכִינּוּיִין ״כָּל כִּנּוּיַי נְדָרִים״, וּמְפָרֵשׁ יָדוֹת: הָאוֹמֵר לַחֲבֵירוֹ ״מוּדָּר אֲנִי מִמָּךְ״! וְתוּ: יָדוֹת אִינְּשִׁי?!

§ The Gemara asks a question with regard to the style of the mishna: The mishna began with the case of substitutes when it stated: All substitutes for the language of vows are like vows, and it then immediately explains the halakha with regard to intimations of vows, as the next line addresses a case of one who says to his fellow: I am avowed from you. And furthermore, did the tanna forget to mention intimations of vows? Why doesn’t the mishna state that intimations of vows are considered vows before it gives examples of intimations?

אַיְירִי בְּהוֹן, וְחַסּוֹרֵי מִיחַסְּרָא, וְהָכִי קָתָנֵי: כָּל כִּינּוּיֵי נְדָרִים כִּנְדָרִים, וִידוֹת נְדָרִים כִּנְדָרִים.

The Gemara answers: The mishna is dealing with them, i.e., intimations of vows, and the text of the mishna is incomplete and is teaching the following: All substitutes for the language of vows are like vows, and intimations of vows are like vows. The mishna then continues by giving examples of intimations of vows.

וְלִיפְרוֹשׁ כִּינּוּיִין בְּרֵישָׁא!

The Gemara asks: Let the mishna explain the case of substitutes for the language of vows first, i.e., before it gives examples of intimations, just as the basic halakha of substitutes for the language of vows was mentioned first. In fact, it is not until later (10a) that the mishna provides examples of substitutes for the language of vows.

הָהוּא דְּסָלֵיק מִינֵּיהּ, הָהוּא מְפָרֵשׁ בְּרֵישָׁא. כְּדִתְנַן: בַּמֶּה מַדְלִיקִין וּבַמָּה אֵין מַדְלִיקִין? אֵין מַדְלִיקִין כּוּ׳.

The Gemara answers: The general style of the Mishna is that the subject with which it concludes is the one that it explains first, as in that which we learned in a mishna (Shabbat 20b): With what may one light the Shabbat lamp and with what may one not light it? One may not light with cedar bast, etc. The mishna provides examples of items one may not use to light the Shabbat lamp, which was the concluding phrase of the mishna’s introductory question, rather than beginning with examples of what one may use to light the Shabbat lamp.

בַּמֶּה טוֹמְנִין וּבַמָּה אֵין טוֹמְנִין? אֵין טוֹמְנִין כּוּ׳. בַּמָּה אִשָּׁה יוֹצְאָה וּבַמָּה אֵינָהּ יוֹצְאָה? לֹא תֵּצֵא אִשָּׁה.

Similarly, another mishna (Shabbat 47b) states: In what may one insulate a pot of cooked food on Shabbat eve, and in what may one not insulate it? One may not insulate it, etc. A third example of this style is in the following mishna (Shabbat 57a): With what items may a woman go out into the public domain on Shabbat and with what items may she not go out? A woman may not go out with strings of wool and other adornments that she may take off and carry.

וְכׇל הֵיכָא דְּפָתַח לָא מְפָרֵשׁ בְּרֵישָׁא? וְהָתְנַן: יֵשׁ נוֹחֲלִין וּמַנְחִילִין, נוֹחֲלִין וְלֹא מַנְחִילִין. וְאֵלּוּ נוֹחֲלִין וּמַנְחִילִין.

The Gemara challenges this explanation: And is it true that wherever it begins, i.e., whichever topic the mishna mentions first, it does not explain first? But didn’t we learn in a mishna (Bava Batra 108a): There are some relatives who inherit and bequeath, e.g., a father and a son, who inherit property from each other, and there are those who inherit but do not bequeath, e.g., a son and his mother; and these are the ones who inherit and bequeath, etc. This mishna provides examples of the opening line of the introductory statement before providing examples of the concluding line of the introductory statement.

יֵשׁ מוּתָּרוֹת לְבַעֲלֵיהֶן וַאֲסוּרוֹת לְיִבְמֵיהֶן, מוּתָּרוֹת לְיִבְמֵיהֶן וַאֲסוּרוֹת לְבַעֲלֵיהֶן. וְאֵלּוּ מוּתָּרוֹת לְבַעֲלֵיהֶן וַאֲסוּרוֹת לְיִבְמֵיהֶן.

Similarly, another mishna (Yevamot 84a) states: There are some women who are permitted to their husbands and forbidden to their yevamin, i.e., their husband’s brothers if their husbands die childless. These cases include one where the yavam is the High Priest, who is prohibited from marrying a widow. There are other women who are permitted to their yevamin if their husbands die childless but forbidden to their husbands, e.g., if a High Priest betrothed a widow and his brother is a common priest. The mishna immediately provides the details of the first principle: And these are the women who are permitted to their husbands and forbidden to their yevamin.

יֵשׁ טְעוּנוֹת שֶׁמֶן וּלְבוֹנָה, שֶׁמֶן וְלֹא לְבוֹנָה. וְאֵלּוּ טְעוּנוֹת שֶׁמֶן וּלְבוֹנָה. יֵשׁ טְעוּנוֹת הַגָּשָׁה וְאֵין טְעוּנוֹת תְּנוּפָה, תְּנוּפָה וְלֹא הַגָּשָׁה. וְאֵלּוּ טְעוּנוֹת הַגָּשָׁה.

Similarly, another mishna (Menaḥot 59a) states with regard to meal-offerings: There are some meal-offerings that require oil and frankincense and some that require oil but not frankincense. The mishna continues: And these are the ones that require oil and frankincense. Yet another mishna (Menaḥot 60a) states: There are meal-offerings that require bringing near, a ritual where the priests were required to carry the offering in their hands and bring it near the altar, and they do not require waving; other meal-offerings require waving but not bringing near. And these are the meal-offerings that require bringing near.

יֵשׁ בְּכוֹר לְנַחֲלָה וְאֵין בְּכוֹר לְכֹהֵן, בְּכוֹר לְכֹהֵן וְאֵין בְּכוֹר לְנַחֲלָה. וְאֵיזֶהוּ בְּכוֹר לְנַחֲלָה וְאֵין בְּכוֹר לְכֹהֵן!

Another mishna (Bekhorot 46a) states: There are some who are considered a firstborn with regard to receiving a double portion of inheritance, as they are the firstborn of their fathers, and they are not considered a firstborn with regard to a priest, i.e., with regard to the mitzva of redemption of the firstborn, which applies only to a woman’s firstborn son. There are others who are considered a firstborn with regard to a priest and are not considered a firstborn with regard to inheritance. And who is considered a firstborn with regard to inheritance who is not a firstborn with regard to a priest? In each of these five cases, the mishna first explains the opening portion of its introductory statement and only then explains the second part of its introductory statement.

הָלֵין, מִשּׁוּם דְּאָוְושׁוּ לֵיהּ, מְפָרֵשׁ הָהוּא דְּפָתַח בְּרֵישָׁא.

The Gemara explains: In these cases, because there are many [avshu] categories, the mishna explains the statement with which it began first. However, when there are only two categories, the mishna first provides detail for the latter part of its opening statement.

וְהָא בַּמֶּה בְּהֵמָה יוֹצְאָה וּבַמָּה אֵינָהּ יוֹצְאָה דְּלָא אָוְושָׁא, וְקָתָנֵי: יוֹצֵא גָּמָל!

The Gemara asks: Didn’t the mishna (Shabbat 51b) state: With what may an animal go out into the public domain on Shabbat and with what may it not go out? This is a case that does not have many categories, and yet the mishna teaches: A camel may go out on Shabbat with an afsar, etc., which clarifies the opening portion of the mishna’s introductory statement.

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.

Ruth Leah Kahan
Ruth Leah Kahan

Ra’anana, Israel

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

Hannah-G-pic
Hannah Greenberg

Pennsylvania, United States

I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Jessica Shklar

Philadelphia, United States

I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.

Dianne Kuchar
Dianne Kuchar

Dover Heights, Australia

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

I was exposed to Talmud in high school, but I was truly inspired after my daughter and I decided to attend the Women’s Siyum Shas in 2020. We knew that this was a historic moment. We were blown away, overcome with emotion at the euphoria of the revolution. Right then, I knew I would continue. My commitment deepened with the every-morning Virtual Beit Midrash on Zoom with R. Michelle.

Adina Hagege
Adina Hagege

Zichron Yaakov, Israel

I had never heard of Daf Yomi and after reading the book, The Weight of Ink, I explored more about it. I discovered that it was only 6 months before a whole new cycle started and I was determined to give it a try. I tried to get a friend to join me on the journey but after the first few weeks they all dropped it. I haven’t missed a day of reading and of listening to the podcast.

Anne Rubin
Anne Rubin

Elkins Park, United States

Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

Nancy Kolodny
Nancy Kolodny

Newton, United States

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

At almost 70 I am just beginning my journey with Talmud and Hadran. I began not late, but right when I was called to learn. It is never too late to begin! The understanding patience of staff and participants with more experience and knowledge has been fabulous. The joy of learning never stops and for me. It is a new life, a new light, a new depth of love of The Holy One, Blessed be He.
Deborah Hoffman-Wade
Deborah Hoffman-Wade

Richmond, CA, United States

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

I began learning the daf in January 2022. I initially “flew under the radar,” sharing my journey with my husband and a few close friends. I was apprehensive – who, me? Gemara? Now, 2 years in, I feel changed. The rigor of a daily commitment frames my days. The intellectual engagement enhances my knowledge. And the virtual community of learners has become a new family, weaving a glorious tapestry.

Gitta Jaroslawicz-Neufeld
Gitta Jaroslawicz-Neufeld

Far Rockaway, United States

I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.

Leeza Hirt Wilner
Leeza Hirt Wilner

New York, United States

I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)

Barbara-Goldschlag
Barbara Goldschlag

Silver Spring, MD, United States

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

Susan Handelman
Susan Handelman

Jerusalem, Israel

I started at the beginning of this cycle. No 1 reason, but here’s 5.
In 2019 I read about the upcoming siyum hashas.
There was a sermon at shul about how anyone can learn Talmud.
Talmud references come up when I am studying. I wanted to know more.
Yentl was on telly. Not a great movie but it’s about studying Talmud.
I went to the Hadran website: A new cycle is starting. I’m gonna do this

Denise Neapolitan
Denise Neapolitan

Cambridge, United Kingdom

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.

Rebecca Stulberg
Rebecca Stulberg

Ottawa, Canada

Nedarim 2

כָּל כִּינּוּיֵי נְדָרִים — כִּנְדָרִים,

MISHNA: When an individual takes a vow, he renders an object forbidden to himself or to others as though it were a sacrificial offering; this parallels the act of consecrating an offering, which also renders an item forbidden for personal use by means of a verbal declaration. The most direct expression of a vow is when an individual says: This object is forbidden to me, or to others, like an offering. Additionally, the mishna states that all substitutes for the language of vows are like vows. Consequently, if one states that an object is forbidden to him like a konam instead of like an offering [korban], the vow takes effect, as konam is a substitute term for the word korban (see 10a).

וַחֲרָמִים — כַּחֲרָמִים, וּשְׁבוּעוֹת — כִּשְׁבוּעוֹת, וּנְזִירוּת — כִּנְזִירוּת.

Similarly, substitutes for the language of dedications are like dedications, substitutes for the language of oaths are like oaths, and substitutes for the language of nazirite vows are like nazirite vows. Therefore, if one declared a ḥerekh instead of a dedication [ḥerem], a shevuta instead of an oath [shevua], or proclaimed that he was becoming a nazik instead of a nazirite [nazir], his statement takes effect.

הָאוֹמֵר לַחֲבֵרוֹ ״מוּדְּרַנִי מִמָּךְ״, ״מוּפְרְשַׁנִי מִמָּךְ״, ״מְרוּחֲקַנִי מִמָּךְ״, ״שֶׁאֲנִי אוֹכֵל לָךְ״, ״שֶׁאֲנִי טוֹעֵם לָךְ״ — אָסוּר.

With regard to one who says to another: I am avowed from you, or: I am separated from you, or: I am distanced from you, and he then says: That which I eat of yours, or: That which I taste of yours, even though he did not explicitly state that he is taking a vow or specify the nature of the vow, the object of his vow is nevertheless forbidden. His intention is understood based on his incomplete statement, known as an intimation of a vow, and his vow therefore takes effect.

״מְנוּדֶּה אֲנִי לָךְ״, רַבִּי עֲקִיבָא הָיָה חוֹכֵךְ בָּזֶה לְהַחְמִיר.

However, if he says: I am ostracized from you, which does not clearly declare any matter to be prohibited, Rabbi Akiva was uncertain about this halakha but was inclined to rule stringently about this and consider it a vow prohibiting the speaker from deriving benefit from his fellow.

גְּמָ׳ ״כָּל כִּינּוּיֵי נְדָרִים כִּנְדָרִים״, מַאי שְׁנָא גַּבֵּי נָזִיר דְּלָא קָתָנֵי לְהוּ לְכוּלְּהוּ, וּמַאי שְׁנָא גַּבֵּי נְדָרִים דְּקָתָנֵי לְכוּלְּהוּ?

GEMARA: It was taught in the mishna that all substitutes for the language of vows are like vows, substitutes for the language of dedications are like dedications, substitutes for the language of oaths are like oaths, and substitutes for the language of nazirite vows are like nazirite vows. The Gemara asks: What is different with regard to the first mishna of tractate Nazir that it does not teach all of them, i.e., all of the cases listed above besides nazirite vows, and what is different with regard to the first mishna of tractate Nedarim that it teaches all of them and not merely the case of vows, which is the subject directly relevant to this tractate?

מִשּׁוּם דְּנֶדֶר וּשְׁבוּעָה כְּתִיבִי גַּבֵּי הֲדָדֵי תָּנֵי תַּרְתֵּין, וְכֵיוָן דְּתָנֵי תַּרְתֵּין — תָּנֵי לְכוּלְּהוּ.

The Gemara answers that due to the fact that vows and oaths are written next to each other in the Torah in the verse: “When a man takes a vow to the Lord, or swears an oath” (Numbers 30:3), the mishna teaches these two cases, i.e., substitutes for the language of vows and oaths. And since it taught two of the cases, it taught all of them.

וְלִיתְנֵי כִּינּוּיֵי שְׁבוּעוֹת בָּתַר נְדָרִים! אַיְּידֵי דִּתְנָא נְדָרִים דְּמִיתְּסַר חֶפְצָא עֲלֵיהּ, תְּנָא נָמֵי חֲרָמִים, דְּמִיתְּסַר חֶפְצָא עֲלֵיהּ. לְאַפּוֹקֵי שְׁבוּעָה, דְּקָאָסַר נַפְשֵׁיהּ מִן חֶפְצָא.

The Gemara asks: If so, let the mishna teach the halakha with regard to substitutes for the language of oaths immediately after the case of substitutes for the language of vows. The Gemara answers: Since it taught the case of vows, whereby an object becomes forbidden to one, it taught also the case of dedications, whereby an object becomes forbidden to one. This is to the exclusion of an oath, whereby one prohibits himself from making use of an object. In the case of an oath, unlike a vow or a dedication, one prohibits himself from performing a particular action rather than declaring an object to be forbidden.

פְּתַח בְּכִינּוּיִין ״כָּל כִּנּוּיַי נְדָרִים״, וּמְפָרֵשׁ יָדוֹת: הָאוֹמֵר לַחֲבֵירוֹ ״מוּדָּר אֲנִי מִמָּךְ״! וְתוּ: יָדוֹת אִינְּשִׁי?!

§ The Gemara asks a question with regard to the style of the mishna: The mishna began with the case of substitutes when it stated: All substitutes for the language of vows are like vows, and it then immediately explains the halakha with regard to intimations of vows, as the next line addresses a case of one who says to his fellow: I am avowed from you. And furthermore, did the tanna forget to mention intimations of vows? Why doesn’t the mishna state that intimations of vows are considered vows before it gives examples of intimations?

אַיְירִי בְּהוֹן, וְחַסּוֹרֵי מִיחַסְּרָא, וְהָכִי קָתָנֵי: כָּל כִּינּוּיֵי נְדָרִים כִּנְדָרִים, וִידוֹת נְדָרִים כִּנְדָרִים.

The Gemara answers: The mishna is dealing with them, i.e., intimations of vows, and the text of the mishna is incomplete and is teaching the following: All substitutes for the language of vows are like vows, and intimations of vows are like vows. The mishna then continues by giving examples of intimations of vows.

וְלִיפְרוֹשׁ כִּינּוּיִין בְּרֵישָׁא!

The Gemara asks: Let the mishna explain the case of substitutes for the language of vows first, i.e., before it gives examples of intimations, just as the basic halakha of substitutes for the language of vows was mentioned first. In fact, it is not until later (10a) that the mishna provides examples of substitutes for the language of vows.

הָהוּא דְּסָלֵיק מִינֵּיהּ, הָהוּא מְפָרֵשׁ בְּרֵישָׁא. כְּדִתְנַן: בַּמֶּה מַדְלִיקִין וּבַמָּה אֵין מַדְלִיקִין? אֵין מַדְלִיקִין כּוּ׳.

The Gemara answers: The general style of the Mishna is that the subject with which it concludes is the one that it explains first, as in that which we learned in a mishna (Shabbat 20b): With what may one light the Shabbat lamp and with what may one not light it? One may not light with cedar bast, etc. The mishna provides examples of items one may not use to light the Shabbat lamp, which was the concluding phrase of the mishna’s introductory question, rather than beginning with examples of what one may use to light the Shabbat lamp.

בַּמֶּה טוֹמְנִין וּבַמָּה אֵין טוֹמְנִין? אֵין טוֹמְנִין כּוּ׳. בַּמָּה אִשָּׁה יוֹצְאָה וּבַמָּה אֵינָהּ יוֹצְאָה? לֹא תֵּצֵא אִשָּׁה.

Similarly, another mishna (Shabbat 47b) states: In what may one insulate a pot of cooked food on Shabbat eve, and in what may one not insulate it? One may not insulate it, etc. A third example of this style is in the following mishna (Shabbat 57a): With what items may a woman go out into the public domain on Shabbat and with what items may she not go out? A woman may not go out with strings of wool and other adornments that she may take off and carry.

וְכׇל הֵיכָא דְּפָתַח לָא מְפָרֵשׁ בְּרֵישָׁא? וְהָתְנַן: יֵשׁ נוֹחֲלִין וּמַנְחִילִין, נוֹחֲלִין וְלֹא מַנְחִילִין. וְאֵלּוּ נוֹחֲלִין וּמַנְחִילִין.

The Gemara challenges this explanation: And is it true that wherever it begins, i.e., whichever topic the mishna mentions first, it does not explain first? But didn’t we learn in a mishna (Bava Batra 108a): There are some relatives who inherit and bequeath, e.g., a father and a son, who inherit property from each other, and there are those who inherit but do not bequeath, e.g., a son and his mother; and these are the ones who inherit and bequeath, etc. This mishna provides examples of the opening line of the introductory statement before providing examples of the concluding line of the introductory statement.

יֵשׁ מוּתָּרוֹת לְבַעֲלֵיהֶן וַאֲסוּרוֹת לְיִבְמֵיהֶן, מוּתָּרוֹת לְיִבְמֵיהֶן וַאֲסוּרוֹת לְבַעֲלֵיהֶן. וְאֵלּוּ מוּתָּרוֹת לְבַעֲלֵיהֶן וַאֲסוּרוֹת לְיִבְמֵיהֶן.

Similarly, another mishna (Yevamot 84a) states: There are some women who are permitted to their husbands and forbidden to their yevamin, i.e., their husband’s brothers if their husbands die childless. These cases include one where the yavam is the High Priest, who is prohibited from marrying a widow. There are other women who are permitted to their yevamin if their husbands die childless but forbidden to their husbands, e.g., if a High Priest betrothed a widow and his brother is a common priest. The mishna immediately provides the details of the first principle: And these are the women who are permitted to their husbands and forbidden to their yevamin.

יֵשׁ טְעוּנוֹת שֶׁמֶן וּלְבוֹנָה, שֶׁמֶן וְלֹא לְבוֹנָה. וְאֵלּוּ טְעוּנוֹת שֶׁמֶן וּלְבוֹנָה. יֵשׁ טְעוּנוֹת הַגָּשָׁה וְאֵין טְעוּנוֹת תְּנוּפָה, תְּנוּפָה וְלֹא הַגָּשָׁה. וְאֵלּוּ טְעוּנוֹת הַגָּשָׁה.

Similarly, another mishna (Menaḥot 59a) states with regard to meal-offerings: There are some meal-offerings that require oil and frankincense and some that require oil but not frankincense. The mishna continues: And these are the ones that require oil and frankincense. Yet another mishna (Menaḥot 60a) states: There are meal-offerings that require bringing near, a ritual where the priests were required to carry the offering in their hands and bring it near the altar, and they do not require waving; other meal-offerings require waving but not bringing near. And these are the meal-offerings that require bringing near.

יֵשׁ בְּכוֹר לְנַחֲלָה וְאֵין בְּכוֹר לְכֹהֵן, בְּכוֹר לְכֹהֵן וְאֵין בְּכוֹר לְנַחֲלָה. וְאֵיזֶהוּ בְּכוֹר לְנַחֲלָה וְאֵין בְּכוֹר לְכֹהֵן!

Another mishna (Bekhorot 46a) states: There are some who are considered a firstborn with regard to receiving a double portion of inheritance, as they are the firstborn of their fathers, and they are not considered a firstborn with regard to a priest, i.e., with regard to the mitzva of redemption of the firstborn, which applies only to a woman’s firstborn son. There are others who are considered a firstborn with regard to a priest and are not considered a firstborn with regard to inheritance. And who is considered a firstborn with regard to inheritance who is not a firstborn with regard to a priest? In each of these five cases, the mishna first explains the opening portion of its introductory statement and only then explains the second part of its introductory statement.

הָלֵין, מִשּׁוּם דְּאָוְושׁוּ לֵיהּ, מְפָרֵשׁ הָהוּא דְּפָתַח בְּרֵישָׁא.

The Gemara explains: In these cases, because there are many [avshu] categories, the mishna explains the statement with which it began first. However, when there are only two categories, the mishna first provides detail for the latter part of its opening statement.

וְהָא בַּמֶּה בְּהֵמָה יוֹצְאָה וּבַמָּה אֵינָהּ יוֹצְאָה דְּלָא אָוְושָׁא, וְקָתָנֵי: יוֹצֵא גָּמָל!

The Gemara asks: Didn’t the mishna (Shabbat 51b) state: With what may an animal go out into the public domain on Shabbat and with what may it not go out? This is a case that does not have many categories, and yet the mishna teaches: A camel may go out on Shabbat with an afsar, etc., which clarifies the opening portion of the mishna’s introductory statement.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete