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Nedarim 28

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Summary

Today’s daf is sponsored by Martin Gaynor in loving memory of Dr. Jerry Rabinowitz, z”l.

Today’s daf is sponsored by Tova and David Kestenbaum in loving memory of their dear Aunt Esther Press, Esther Faigel bat Raphael Zev v’Chaya Chasha. “She was who a role model of a life of Torah and Chesed. She cared so much about family and we all felt very close to her.”

Beit Shamai and Beit Hillel have three disputes in the Mishna – one can make a vow to murderers, thieves, and tax collectors that is untrue but is it also permitted to swear? Can one decide on their own to vow to the murderer, thief, or tax collector or is it only permitted if they suggest the vow? If the murderer, etc. insisted that the person vow about something in particular, if the person vows about that and something else, is the other part also permitted or only the part about which they were forced to vow? How can one make a vow that is untrue to avoid taxes – didn’t Shmuel says that the law of the land is the law (dina d’malchuta dina) and therefore one cannot avoid paying taxes? The second vow mentioned in the Mishna was one who vowed that items belonged to the king. They explain this vow as: “Fruits will be forbidden to me if these are not the king’s possessions. If so, why is it not a valid vow and the fruits should be forbidden? The Gemara quotes a braita with a debate between Beit Shamai and Beit Hillel that seems to be on a similar issue to our Mishna –  regarding initiating a claim by oath. However, this braita seems to contradict our Mishna in two ways. Two resolutions are suggested. The Mishna brings a case where one made a declaration that if these saplings are not destroyed (from some impending storm), they will be like a sacrifice, they are in fact sanctified (if they are not destroyed) and need to be redeemed. If one declares: these saplings will be like a sacrifice until they are cut down, they are not able to be redeemed. Why is the language in the first part of the Mishna: ’they need to be redeemed’ and not ‘they are sanctified’? The second case mentioned in the Mishna leads to a question – what exactly is the wording of the vow and what specific case is the Mishna concerned about? What does the Mishna mean when it says: They can’t be redeemed?

 

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Nedarim 28

חוּץ מִבִּשְׁבוּעָה. וּבֵית הִלֵּל אוֹמְרִים: אַף בִּשְׁבוּעָה.

except for by taking of an oath, due to its more stringent nature. And Beit Hillel say: One may mislead them even by taking an oath.

בֵּית שַׁמַּאי אוֹמְרִים: לֹא יִפְתַּח לוֹ בְּנֶדֶר, וּבֵית הִלֵּל אוֹמְרִים: אַף יִפְתַּח לוֹ. בֵּית שַׁמַּאי אוֹמְרִים: בַּמֶּה שֶׁהוּא מַדִּירוֹ. וּבֵית הִלֵּל אוֹמְרִים: אַף בַּמֶּה שֶׁאֵינוֹ מַדִּירוֹ.

Beit Shammai say: When negotiating with a robber, one should not initiate by taking a vow for him unless the robber does not believe his claim, in which case he may take a vow to reinforce his words. And Beit Hillel say: He may even initiate by taking a vow to him. Beit Shammai say: One may take a vow only about that which the robber compels him to take a vow but may not add to it. And Beit Hillel say: One may take a vow even about that which he does not compel him to take a vow.

כֵּיצַד? אָמַר לוֹ: אֱמוֹר ״קֻוֽנָּם אִשְׁתִּי נֶהֱנֵית לִי״, וְאָמַר: ״קֻוֽנָּם אִשְׁתִּי וּבָנַי נֶהֱנִין לִי״, בֵּית שַׁמַּאי אוֹמְרִים: אִשְׁתּוֹ מוּתֶּרֶת וּבָנָיו אֲסוּרִין. וּבֵית הִלֵּל אוֹמְרִים: אֵלּוּ וָאֵלּוּ מוּתָּרִין.

The mishna explains the previous statement: How so? If the extortionist said to him that he should say: Benefiting from me is konam for my wife if the vow is not true, and he said: Benefiting from me is konam for my wife and my children, Beit Shammai say: His wife is permitted to benefit from him, since the extortionist demanded that he take that vow, but his children, whom he added of his own accord, are prohibited from benefiting from their father. And Beit Hillel say: Both these and those are permitted to benefit from him.

גְּמָ׳ וְהָאָמַר שְׁמוּאֵל: דִּינָא דְמַלְכוּתָא דִּינָא?

GEMARA: The Gemara asks, concerning the mishna’s statement that one may take a vow to tax collectors: But didn’t Shmuel say: The law of the kingdom is the law, i.e., there is a halakhic principle that Jews must obey the laws of the state in which they live? Since one must pay the tax determined by the kingdom, how did the Sages permit one to lie in order to avoid paying?

אָמַר רַב חִינָּנָא אָמַר רַב כָּהֲנָא אָמַר שְׁמוּאֵל: בְּמוֹכֵס שֶׁאֵין לוֹ קִצְבָה. דְּבֵי רַבִּי יַנַּאי אָמַר: בְּמוֹכֵס הָעוֹמֵד מֵאֵלָיו.

Rav Ḥinnana said that Rav Kahana said that Shmuel said: The mishna is referring to a tax collector who has no fixed amount for collection established by the kingdom, but rather collects the tax arbitrarily. Therefore, this case is not included in the law of the kingdom. A Sage of the school of Rabbi Yannai said: The mishna is referring to a tax collector who establishes himself as such independently and was not appointed by the kingdom.

שֶׁהֵן שֶׁל בֵּית הַמֶּלֶךְ, וְאַף עַל פִּי שֶׁאֵינָן שֶׁל בֵּית הַמֶּלֶךְ. הֵיכִי נָדַר? אָמַר רַב עַמְרָם אָמַר רַב: בְּאוֹמֵר ״יֵאָסְרוּ פֵּירוֹת הָעוֹלָם עָלַי אִם אֵינָן שֶׁל בֵּית הַמֶּלֶךְ״.

§ The mishna states: He may also take a vow to them that his produce belongs to the house of the king, although it does not belong to the house of the king. The Gemara asks: How does he take a vow in this way? Rav Amram said that Rav said: This is a case where he said: The produce of the world should be forbidden to me if this produce does not belong to the house of the king.

כֵּיוָן דְּאָמַר ״יֵאָסְרוּ״ — אִיתְּסַרוּ עֲלֵיהּ כׇּל פֵּירֵי עָלְמָא! בְּאוֹמֵר ״הַיּוֹם״. אִי דְּאָמַר ״הַיּוֹם״ לָא מְקַבֵּל מִינֵּיהּ מוֹכֵס!

The Gemara asks: Since he said that the produce of the world shall be forbidden to him, shouldn’t all the produce of the world be forbidden to him, as this produce did not belong to the house of the king? The Gemara answers: This is a case where he says: They shall be forbidden to me only today. The Gemara wonders: If he says: Today, the tax collector will not accept it as a vow, since it is not difficult to avoid eating produce for one day. Therefore, he may still be suspected of lying.

בְּאוֹמֵר בְּלִבּוֹ ״הַיּוֹם״, וּמוֹצִיא בִּשְׂפָתָיו סְתָם. וְאַף עַל גַּב דִּסְבִירָא לַן דְּבָרִים שֶׁבַּלֵּב אֵינָן דְּבָרִים — לְגַבֵּי אוֹנָסִין שָׁאנֵי.

The Gemara answers: This is a case where he says: Today, in his heart but verbalizes the vow in an unspecified manner. And although we hold that unspoken matters that remain in the heart are not significant matters and are not taken into consideration, with regard to circumstances beyond one’s control it is different, and he is permitted to rely on the mental stipulation that he added in order to limit the duration of the prohibition effected by the vow.

בֵּית שַׁמַּאי אוֹמְרִים: בַּכֹּל כּוּ׳. בֵּית שַׁמַּאי אוֹמְרִים: בַּמֶּה שֶׁהוּא מַדִּירוֹ, וּבֵית הִלֵּל אוֹמְרִים: אַף בְּשֶׁאֵינוֹ מַדִּירוֹ. כֵּיצַד? אָמַר לוֹ: ״קֻוֽנָּם אִשְׁתִּי נֶהֱנֵית לִי״, וְאָמַר ״קֻוֽנָּם אִשְׁתִּי וּבָנַי נֶהֱנִין לִי״. בֵּית שַׁמַּאי אוֹמְרִים: אִשְׁתּוֹ מוּתֶּרֶת וּבָנָיו אֲסוּרִין, וּבֵית הִלֵּל אוֹמְרִים: אֵלּוּ וָאֵלּוּ מוּתָּרִין.

§ The mishna states: Beit Shammai say that they may take a vow in such a case using every means of vowing except for an oath, while Beit Hillel say they may take a vow even using an oath. Beit Shammai say: One may vow only about that which the extortionist compels him to take a vow but may not add to it. And Beit Hillel say: One may take a vow even about that which he does not compel him to take a vow. How so? If the extortionist said to him that he should say: Benefiting from me is konam for my wife if the vow is not true, and he said: Benefiting from me is konam for my wife and my children, Beit Shammai say: His wife is permitted to benefit from him, since the extortionist demanded that he take that vow, but his children, whom he added of his own accord, are prohibited from benefiting from their father. And Beit Hillel say: Both these and those are permitted to benefit from him.

אָמַר רַב הוּנָא: תָּנָא, בֵּית שַׁמַּאי אוֹמְרִים: לֹא יִפְתַּח לוֹ בִּשְׁבוּעָה, וּבֵית הִלֵּל אוֹמְרִים: אַף יִפְתַּח לוֹ בִּשְׁבוּעָה. לְבֵית שַׁמַּאי בִּשְׁבוּעָה הוּא דְּלֹא יִפְתַּח לוֹ, הָא בְּנֶדֶר יִפְתַּח לוֹ. וְהָא תְּנַן, בֵּית שַׁמַּאי אוֹמְרִים: לֹא יִפְתַּח לוֹ בַּנֶּדֶר!

Rav Huna said that a Sage taught: Beit Shammai say that one may not initiate by taking an oath to him unless the extortionist does not believe his claim, and Beit Hillel say: He may even initiate by taking an oath to him. The Gemara asks: A precise analysis of the wording indicates that according to Beit Shammai it is only by taking an oath to him that one may not initiate, but one may initiate by taking a vow to him. Rav Huna asks: But didn’t we learn in the mishna that Beit Shammai say: He may not initiate by taking a vow to him?

וְתוּ: מִיפְתָּח הוּא דְּלָא יִפְתַּח לוֹ בִּשְׁבוּעָה, הָא מִידָּר נָדַר בִּשְׁבוּעָה. וְהָתְנַן, בֵּית שַׁמַּאי אוֹמְרִים: בַּכֹּל נוֹדְרִין חוּץ מִבִּשְׁבוּעָה!

Rav Huna asks another question: And furthermore, a precise analysis of the wording indicates that he may not initiate by taking an oath to him, but he may certainly vow with an oath if the tax collector insists on it; but didn’t we learn in the mishna that Beit Shammai say: They may take a vow in such a case using every means of vowing in order to mislead them except for by taking an oath, which indicates that one may not take an oath even if he does not initiate with one?

תַּנָּא מַתְנִיתִין בְּנֶדֶר, לְהוֹדִיעֲךָ כֹּחָן דְּבֵית שַׁמַּאי. תַּנָּא בָּרַיְיתָא בִּשְׁבוּעָה, לְהוֹדִיעֲךָ כֹּחָן דְּבֵית הִלֵּל.

The Gemara resolves the contradiction: The mishna taught the halakha that pertains to a vow to convey to you the far-reaching nature of the opinion of Beit Shammai, who say that one may not initiate even with a vow. However, the baraita taught the halakha that pertains to an oath to convey to you the far-reaching nature of the opinion of Beit Hillel, who maintain that initiating even with an oath is permitted. It is apparent that according to Beit Shammai one may not initiate with a vow and may not take an oath at all. Therefore, the baraita cannot be used to infer Beit Shammai’s opinion concerning oaths.

רַב אָשֵׁי אָמַר, הָכִי קָתָנֵי, בֵּית שַׁמַּאי אוֹמְרִים: אֵין שְׁאֵלָה בִּשְׁבוּעָה, וּבֵית הִלֵּל אוֹמְרִים: יֵשׁ שְׁאֵלָה בִּשְׁבוּעָה.

Rav Ashi said the following to resolve the contradiction: This is what it is teaching: The baraita does not refer to a vow taken in the case of robbers or tax collectors. Rather, the dispute focuses on an entirely different topic: Beit Shammai say that there is no allowance for a request for dissolution of an oath, and the statement: He may not initiate, relates to a halakhic authority who seeks an opening to dissolve an oath. And Beit Hillel say there is an allowance for a request for dissolution of an oath.

מַתְנִי׳ ״הֲרֵי נְטִיעוֹת הָאֵלּוּ קׇרְבָּן אִם אֵינָן נִקְצָצוֹת״, ״טַלִּית זוֹ קׇרְבָּן אִם אֵינָהּ נִשְׂרֶפֶת״ — יֵשׁ לָהֶן פִּדְיוֹן. ״הֲרֵי נְטִיעוֹת הָאֵלּוּ קׇרְבָּן עַד שֶׁיִּקָּצְצוּ״, ״טַלִּית זוֹ קׇרְבָּן עַד שֶׁתִּשָּׂרֵף״ —

MISHNA: If one sees his property in danger of being destroyed, and takes a vow stating, for example: These saplings are like an offering if they are not cut down, or: This garment is like an offering if it is not burned, these items are consecrated if the saplings remain standing or if the garment is not burned. In addition, they are subject to the possibility of redemption just as other items consecrated for maintenance of the Temple may be redeemed. But if one said: These saplings are like an offering until they are cut down, or: This garment is like an offering until it is burned,

אֵין לָהֶם פִּדְיוֹן.

then they are not subject to the possibility of redemption.

גְּמָ׳ וְלִיתְנֵי ״קְדוֹשׁוֹת וְאֵין קְדוֹשׁוֹת״! אַיְּידֵי דְבָעֵי לְמִיתְנָא סֵיפָא ״אֵין לָהֶם פִּדְיוֹן״, תְּנָא נָמֵי רֵישָׁא ״יֵשׁ לָהֶם פִּדְיוֹן״.

GEMARA: The Gemara questions the language of the mishna: Why does the mishna utilize the wording: They have redemption and they do not have redemption? Let the mishna teach: They are consecrated and they are not consecrated, since the primary novelty is that they are consecrated, but not completely. The Gemara answers: Since it wanted to teach in the latter clause the phrase: They are not subject to the possibility of redemption, which cannot be expressed as: They are not consecrated, as they are consecrated, it taught also the first clause using the language: They are subject to the possibility of redemption.

הֵיכִי נָדַר? אָמַר אַמֵּימָר: בְּאוֹמֵר ״אִם אֵינָן נִקְצָצוֹת הַיּוֹם״, וְעָבַר הַיּוֹם וְלֹא נִקְצְצוּ. אִם כֵּן לְמָה לִי לְמֵימַר? פְּשִׁיטָא! לָא צְרִיכָא כְּגוֹן דְּאִיכָּא זִיקָא נְפִישָׁא.

The Gemara elaborates: How did he take a vow? What was the precise language that he used? Ameimar said: Where he says: These saplings are like an offering if they are not cut down today, and the day passed and they were not cut down. The Gemara asks: If so, why do I need to say that they are consecrated? Isn’t it obvious that his vow takes effect? The Gemara answers: No, it is necessary in a case where there is a great strong wind and he thought that they would be uprooted by the wind.

וְהָא קָתָנֵי לַהּ גַּבֵּי טַלִּית, וְטַלִּית לִשְׂרֵיפָה קָיְימָא? [אִין] כְּגוֹן דְּאִיכָּא דְּלֵיקָה. הָכָא נָמֵי, דְּאִיכָּא זִיקָא נְפִישָׁא, וְסָלְקָא דַּעְתָּךְ דְּמַסֵּיק אַדַּעְתֵּיהּ דְּלָא מִיתְנַצְלָן וּמִשּׁוּם הָכִי קָא נָדַר, קָא מַשְׁמַע לַן.

The Gemara asks: But isn’t this taught together with the case of a garment, indicating that the two are equivalent, and is a garment ready for burning, i.e., is it assumed that it will burn? The Gemara answers: Yes, in a case where there is a fire. The Gemara explains: Here also there is a great strong wind, and it enters your mind that one raised in his mind the possibility that the saplings will not be saved, and due to that reason he took a vow. Since in any event he assumes he will lose the saplings, perhaps he did not really intend to consecrate them. The mishna teaches us that in spite of this it is still considered a vow.

הֲרֵי נְטִיעוֹת הָאֵלּוּ קׇרְבָּן כּוּ׳. וּלְעוֹלָם? אָמַר בַּר פְּדָא: פְּדָאָן — חוֹזְרוֹת וְקוֹדְשׁוֹת, פְּדָאָן — חוֹזְרוֹת וְקוֹדְשׁוֹת, עַד שֶׁיִּקָּצְצוּ. נִקְצְצוּ — פּוֹדָן פַּעַם אַחַת וְדַיּוֹ. וְעוּלָּא אָמַר: כֵּיוָן שֶׁנִּקְצְצוּ — שׁוּב אֵין פּוֹדָן.

§ The mishna states that if he said: These saplings are like an offering until they are cut down, they are not subject to the possibility of redemption. The Gemara asks: And are they not subject to redemption forever? Bar Padda said: If he redeemed them, they become consecrated again, as they have not yet been cut down. If he redeemed them again, they become consecrated again, until they are cut down. Once they are cut down, he redeems them once and it is sufficient. And Ulla said: Once they are cut down one does not need to redeem them again because they are no longer consecrated.

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Michelle Lewis

Beit Shemesh, Israel

When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.

Hannah Lee
Hannah Lee

Pennsylvania, United States

I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!

Mona Fishbane
Mona Fishbane

Teaneck NJ, United States

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

I LOVE learning the Daf. I started with Shabbat. I join the morning Zoom with Reb Michelle and it totally grounds my day. When Corona hit us in Israel, I decided that I would use the Daf to keep myself sane, especially during the days when we could not venture out more than 300 m from our home. Now my husband and I have so much new material to talk about! It really is the best part of my day!

Batsheva Pava
Batsheva Pava

Hashmonaim, 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 started learning Jan 2020 when I heard the new cycle was starting. I had tried during the last cycle and didn’t make it past a few weeks. Learning online from old men didn’t speak to my soul and I knew Talmud had to be a soul journey for me. Enter Hadran! Talmud from Rabbanit Michelle Farber from a woman’s perspective, a mother’s perspective and a modern perspective. Motivated to continue!

Keren Carter
Keren Carter

Brentwood, California, United States

When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.

Hannah Lee
Hannah Lee

Pennsylvania, United States

I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!

Mona Fishbane
Mona Fishbane

Teaneck NJ, United States

Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Judith Shapiro

Minnesota, United States

Studying has changed my life view on הלכה and יהדות and time. It has taught me bonudaries of the human nature and honesty of our sages in their discourse to try and build a nation of caring people .

Goldie Gilad
Goldie Gilad

Kfar Saba, Israel

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 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

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 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

Nedarim 28

חוּץ מִבִּשְׁבוּעָה. וּבֵית הִלֵּל אוֹמְרִים: אַף בִּשְׁבוּעָה.

except for by taking of an oath, due to its more stringent nature. And Beit Hillel say: One may mislead them even by taking an oath.

בֵּית שַׁמַּאי אוֹמְרִים: לֹא יִפְתַּח לוֹ בְּנֶדֶר, וּבֵית הִלֵּל אוֹמְרִים: אַף יִפְתַּח לוֹ. בֵּית שַׁמַּאי אוֹמְרִים: בַּמֶּה שֶׁהוּא מַדִּירוֹ. וּבֵית הִלֵּל אוֹמְרִים: אַף בַּמֶּה שֶׁאֵינוֹ מַדִּירוֹ.

Beit Shammai say: When negotiating with a robber, one should not initiate by taking a vow for him unless the robber does not believe his claim, in which case he may take a vow to reinforce his words. And Beit Hillel say: He may even initiate by taking a vow to him. Beit Shammai say: One may take a vow only about that which the robber compels him to take a vow but may not add to it. And Beit Hillel say: One may take a vow even about that which he does not compel him to take a vow.

כֵּיצַד? אָמַר לוֹ: אֱמוֹר ״קֻוֽנָּם אִשְׁתִּי נֶהֱנֵית לִי״, וְאָמַר: ״קֻוֽנָּם אִשְׁתִּי וּבָנַי נֶהֱנִין לִי״, בֵּית שַׁמַּאי אוֹמְרִים: אִשְׁתּוֹ מוּתֶּרֶת וּבָנָיו אֲסוּרִין. וּבֵית הִלֵּל אוֹמְרִים: אֵלּוּ וָאֵלּוּ מוּתָּרִין.

The mishna explains the previous statement: How so? If the extortionist said to him that he should say: Benefiting from me is konam for my wife if the vow is not true, and he said: Benefiting from me is konam for my wife and my children, Beit Shammai say: His wife is permitted to benefit from him, since the extortionist demanded that he take that vow, but his children, whom he added of his own accord, are prohibited from benefiting from their father. And Beit Hillel say: Both these and those are permitted to benefit from him.

גְּמָ׳ וְהָאָמַר שְׁמוּאֵל: דִּינָא דְמַלְכוּתָא דִּינָא?

GEMARA: The Gemara asks, concerning the mishna’s statement that one may take a vow to tax collectors: But didn’t Shmuel say: The law of the kingdom is the law, i.e., there is a halakhic principle that Jews must obey the laws of the state in which they live? Since one must pay the tax determined by the kingdom, how did the Sages permit one to lie in order to avoid paying?

אָמַר רַב חִינָּנָא אָמַר רַב כָּהֲנָא אָמַר שְׁמוּאֵל: בְּמוֹכֵס שֶׁאֵין לוֹ קִצְבָה. דְּבֵי רַבִּי יַנַּאי אָמַר: בְּמוֹכֵס הָעוֹמֵד מֵאֵלָיו.

Rav Ḥinnana said that Rav Kahana said that Shmuel said: The mishna is referring to a tax collector who has no fixed amount for collection established by the kingdom, but rather collects the tax arbitrarily. Therefore, this case is not included in the law of the kingdom. A Sage of the school of Rabbi Yannai said: The mishna is referring to a tax collector who establishes himself as such independently and was not appointed by the kingdom.

שֶׁהֵן שֶׁל בֵּית הַמֶּלֶךְ, וְאַף עַל פִּי שֶׁאֵינָן שֶׁל בֵּית הַמֶּלֶךְ. הֵיכִי נָדַר? אָמַר רַב עַמְרָם אָמַר רַב: בְּאוֹמֵר ״יֵאָסְרוּ פֵּירוֹת הָעוֹלָם עָלַי אִם אֵינָן שֶׁל בֵּית הַמֶּלֶךְ״.

§ The mishna states: He may also take a vow to them that his produce belongs to the house of the king, although it does not belong to the house of the king. The Gemara asks: How does he take a vow in this way? Rav Amram said that Rav said: This is a case where he said: The produce of the world should be forbidden to me if this produce does not belong to the house of the king.

כֵּיוָן דְּאָמַר ״יֵאָסְרוּ״ — אִיתְּסַרוּ עֲלֵיהּ כׇּל פֵּירֵי עָלְמָא! בְּאוֹמֵר ״הַיּוֹם״. אִי דְּאָמַר ״הַיּוֹם״ לָא מְקַבֵּל מִינֵּיהּ מוֹכֵס!

The Gemara asks: Since he said that the produce of the world shall be forbidden to him, shouldn’t all the produce of the world be forbidden to him, as this produce did not belong to the house of the king? The Gemara answers: This is a case where he says: They shall be forbidden to me only today. The Gemara wonders: If he says: Today, the tax collector will not accept it as a vow, since it is not difficult to avoid eating produce for one day. Therefore, he may still be suspected of lying.

בְּאוֹמֵר בְּלִבּוֹ ״הַיּוֹם״, וּמוֹצִיא בִּשְׂפָתָיו סְתָם. וְאַף עַל גַּב דִּסְבִירָא לַן דְּבָרִים שֶׁבַּלֵּב אֵינָן דְּבָרִים — לְגַבֵּי אוֹנָסִין שָׁאנֵי.

The Gemara answers: This is a case where he says: Today, in his heart but verbalizes the vow in an unspecified manner. And although we hold that unspoken matters that remain in the heart are not significant matters and are not taken into consideration, with regard to circumstances beyond one’s control it is different, and he is permitted to rely on the mental stipulation that he added in order to limit the duration of the prohibition effected by the vow.

בֵּית שַׁמַּאי אוֹמְרִים: בַּכֹּל כּוּ׳. בֵּית שַׁמַּאי אוֹמְרִים: בַּמֶּה שֶׁהוּא מַדִּירוֹ, וּבֵית הִלֵּל אוֹמְרִים: אַף בְּשֶׁאֵינוֹ מַדִּירוֹ. כֵּיצַד? אָמַר לוֹ: ״קֻוֽנָּם אִשְׁתִּי נֶהֱנֵית לִי״, וְאָמַר ״קֻוֽנָּם אִשְׁתִּי וּבָנַי נֶהֱנִין לִי״. בֵּית שַׁמַּאי אוֹמְרִים: אִשְׁתּוֹ מוּתֶּרֶת וּבָנָיו אֲסוּרִין, וּבֵית הִלֵּל אוֹמְרִים: אֵלּוּ וָאֵלּוּ מוּתָּרִין.

§ The mishna states: Beit Shammai say that they may take a vow in such a case using every means of vowing except for an oath, while Beit Hillel say they may take a vow even using an oath. Beit Shammai say: One may vow only about that which the extortionist compels him to take a vow but may not add to it. And Beit Hillel say: One may take a vow even about that which he does not compel him to take a vow. How so? If the extortionist said to him that he should say: Benefiting from me is konam for my wife if the vow is not true, and he said: Benefiting from me is konam for my wife and my children, Beit Shammai say: His wife is permitted to benefit from him, since the extortionist demanded that he take that vow, but his children, whom he added of his own accord, are prohibited from benefiting from their father. And Beit Hillel say: Both these and those are permitted to benefit from him.

אָמַר רַב הוּנָא: תָּנָא, בֵּית שַׁמַּאי אוֹמְרִים: לֹא יִפְתַּח לוֹ בִּשְׁבוּעָה, וּבֵית הִלֵּל אוֹמְרִים: אַף יִפְתַּח לוֹ בִּשְׁבוּעָה. לְבֵית שַׁמַּאי בִּשְׁבוּעָה הוּא דְּלֹא יִפְתַּח לוֹ, הָא בְּנֶדֶר יִפְתַּח לוֹ. וְהָא תְּנַן, בֵּית שַׁמַּאי אוֹמְרִים: לֹא יִפְתַּח לוֹ בַּנֶּדֶר!

Rav Huna said that a Sage taught: Beit Shammai say that one may not initiate by taking an oath to him unless the extortionist does not believe his claim, and Beit Hillel say: He may even initiate by taking an oath to him. The Gemara asks: A precise analysis of the wording indicates that according to Beit Shammai it is only by taking an oath to him that one may not initiate, but one may initiate by taking a vow to him. Rav Huna asks: But didn’t we learn in the mishna that Beit Shammai say: He may not initiate by taking a vow to him?

וְתוּ: מִיפְתָּח הוּא דְּלָא יִפְתַּח לוֹ בִּשְׁבוּעָה, הָא מִידָּר נָדַר בִּשְׁבוּעָה. וְהָתְנַן, בֵּית שַׁמַּאי אוֹמְרִים: בַּכֹּל נוֹדְרִין חוּץ מִבִּשְׁבוּעָה!

Rav Huna asks another question: And furthermore, a precise analysis of the wording indicates that he may not initiate by taking an oath to him, but he may certainly vow with an oath if the tax collector insists on it; but didn’t we learn in the mishna that Beit Shammai say: They may take a vow in such a case using every means of vowing in order to mislead them except for by taking an oath, which indicates that one may not take an oath even if he does not initiate with one?

תַּנָּא מַתְנִיתִין בְּנֶדֶר, לְהוֹדִיעֲךָ כֹּחָן דְּבֵית שַׁמַּאי. תַּנָּא בָּרַיְיתָא בִּשְׁבוּעָה, לְהוֹדִיעֲךָ כֹּחָן דְּבֵית הִלֵּל.

The Gemara resolves the contradiction: The mishna taught the halakha that pertains to a vow to convey to you the far-reaching nature of the opinion of Beit Shammai, who say that one may not initiate even with a vow. However, the baraita taught the halakha that pertains to an oath to convey to you the far-reaching nature of the opinion of Beit Hillel, who maintain that initiating even with an oath is permitted. It is apparent that according to Beit Shammai one may not initiate with a vow and may not take an oath at all. Therefore, the baraita cannot be used to infer Beit Shammai’s opinion concerning oaths.

רַב אָשֵׁי אָמַר, הָכִי קָתָנֵי, בֵּית שַׁמַּאי אוֹמְרִים: אֵין שְׁאֵלָה בִּשְׁבוּעָה, וּבֵית הִלֵּל אוֹמְרִים: יֵשׁ שְׁאֵלָה בִּשְׁבוּעָה.

Rav Ashi said the following to resolve the contradiction: This is what it is teaching: The baraita does not refer to a vow taken in the case of robbers or tax collectors. Rather, the dispute focuses on an entirely different topic: Beit Shammai say that there is no allowance for a request for dissolution of an oath, and the statement: He may not initiate, relates to a halakhic authority who seeks an opening to dissolve an oath. And Beit Hillel say there is an allowance for a request for dissolution of an oath.

מַתְנִי׳ ״הֲרֵי נְטִיעוֹת הָאֵלּוּ קׇרְבָּן אִם אֵינָן נִקְצָצוֹת״, ״טַלִּית זוֹ קׇרְבָּן אִם אֵינָהּ נִשְׂרֶפֶת״ — יֵשׁ לָהֶן פִּדְיוֹן. ״הֲרֵי נְטִיעוֹת הָאֵלּוּ קׇרְבָּן עַד שֶׁיִּקָּצְצוּ״, ״טַלִּית זוֹ קׇרְבָּן עַד שֶׁתִּשָּׂרֵף״ —

MISHNA: If one sees his property in danger of being destroyed, and takes a vow stating, for example: These saplings are like an offering if they are not cut down, or: This garment is like an offering if it is not burned, these items are consecrated if the saplings remain standing or if the garment is not burned. In addition, they are subject to the possibility of redemption just as other items consecrated for maintenance of the Temple may be redeemed. But if one said: These saplings are like an offering until they are cut down, or: This garment is like an offering until it is burned,

אֵין לָהֶם פִּדְיוֹן.

then they are not subject to the possibility of redemption.

גְּמָ׳ וְלִיתְנֵי ״קְדוֹשׁוֹת וְאֵין קְדוֹשׁוֹת״! אַיְּידֵי דְבָעֵי לְמִיתְנָא סֵיפָא ״אֵין לָהֶם פִּדְיוֹן״, תְּנָא נָמֵי רֵישָׁא ״יֵשׁ לָהֶם פִּדְיוֹן״.

GEMARA: The Gemara questions the language of the mishna: Why does the mishna utilize the wording: They have redemption and they do not have redemption? Let the mishna teach: They are consecrated and they are not consecrated, since the primary novelty is that they are consecrated, but not completely. The Gemara answers: Since it wanted to teach in the latter clause the phrase: They are not subject to the possibility of redemption, which cannot be expressed as: They are not consecrated, as they are consecrated, it taught also the first clause using the language: They are subject to the possibility of redemption.

הֵיכִי נָדַר? אָמַר אַמֵּימָר: בְּאוֹמֵר ״אִם אֵינָן נִקְצָצוֹת הַיּוֹם״, וְעָבַר הַיּוֹם וְלֹא נִקְצְצוּ. אִם כֵּן לְמָה לִי לְמֵימַר? פְּשִׁיטָא! לָא צְרִיכָא כְּגוֹן דְּאִיכָּא זִיקָא נְפִישָׁא.

The Gemara elaborates: How did he take a vow? What was the precise language that he used? Ameimar said: Where he says: These saplings are like an offering if they are not cut down today, and the day passed and they were not cut down. The Gemara asks: If so, why do I need to say that they are consecrated? Isn’t it obvious that his vow takes effect? The Gemara answers: No, it is necessary in a case where there is a great strong wind and he thought that they would be uprooted by the wind.

וְהָא קָתָנֵי לַהּ גַּבֵּי טַלִּית, וְטַלִּית לִשְׂרֵיפָה קָיְימָא? [אִין] כְּגוֹן דְּאִיכָּא דְּלֵיקָה. הָכָא נָמֵי, דְּאִיכָּא זִיקָא נְפִישָׁא, וְסָלְקָא דַּעְתָּךְ דְּמַסֵּיק אַדַּעְתֵּיהּ דְּלָא מִיתְנַצְלָן וּמִשּׁוּם הָכִי קָא נָדַר, קָא מַשְׁמַע לַן.

The Gemara asks: But isn’t this taught together with the case of a garment, indicating that the two are equivalent, and is a garment ready for burning, i.e., is it assumed that it will burn? The Gemara answers: Yes, in a case where there is a fire. The Gemara explains: Here also there is a great strong wind, and it enters your mind that one raised in his mind the possibility that the saplings will not be saved, and due to that reason he took a vow. Since in any event he assumes he will lose the saplings, perhaps he did not really intend to consecrate them. The mishna teaches us that in spite of this it is still considered a vow.

הֲרֵי נְטִיעוֹת הָאֵלּוּ קׇרְבָּן כּוּ׳. וּלְעוֹלָם? אָמַר בַּר פְּדָא: פְּדָאָן — חוֹזְרוֹת וְקוֹדְשׁוֹת, פְּדָאָן — חוֹזְרוֹת וְקוֹדְשׁוֹת, עַד שֶׁיִּקָּצְצוּ. נִקְצְצוּ — פּוֹדָן פַּעַם אַחַת וְדַיּוֹ. וְעוּלָּא אָמַר: כֵּיוָן שֶׁנִּקְצְצוּ — שׁוּב אֵין פּוֹדָן.

§ The mishna states that if he said: These saplings are like an offering until they are cut down, they are not subject to the possibility of redemption. The Gemara asks: And are they not subject to redemption forever? Bar Padda said: If he redeemed them, they become consecrated again, as they have not yet been cut down. If he redeemed them again, they become consecrated again, until they are cut down. Once they are cut down, he redeems them once and it is sufficient. And Ulla said: Once they are cut down one does not need to redeem them again because they are no longer consecrated.

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