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Nedarim 7

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Summary

Today’s daf is sponsored by Rochelle Cheifetz in loving memory of her paternal grandmother’s yahrzeit, Esther bat Avraham.

Today’s daf is dedicated in memory of Rabbi Meir Shapiro, the Daf Yomi visionary, on his 89th yahrzeit.

Rav Papa continues to ask whether yadot are effective for charity or for declaring one’s possessions ownerless. Ravina asks if yadot are effective when designating an area as a bathroom? Ravina was actually unsure in general whether designating an area as a bathroom is effective to forbid one from reciting kriat shema there. And then he deliberated that even if one were to say it is effective, were one to designate it with cut-off language (a yad), would it be effective as well. There is no answer to all the questions asked. Rabbi Akiva (in the Mishna) was inclined to rule stringently if one said “I am menudeh to you,” and treated it as a vow. Abaye claims that Rabbi Akiva would not give someone lashes if they broke this vow as the language of the Mishna indicates that he is not sure what the law is and therefore rules stringently, but one would therefore not get punished for it. In what wording exactly is there a dispute between him and the sages? Rav Papa and Rav Chisda disagree on this matter. Because they mentioned the language of ex-communication, the Gemara discusses several laws related to ex-communication. If one dissolves an ex-communication, do they do that in the presence of the person who was excommunicated or not? On what does it depend? He who uses God’s name in vain should be excommunicated. Some laws of ex-communication are derived from a story about a woman who uses God’s name in vain and was excommunicated, but they immediately dissolved the ex-communication. A scholar who has put himself into ex-communication can also dissolve his own ex-communication. This is proven from a case with Mar Zutra the Chasid.

Nedarim 7

״מֵעִמָּךְ״, זֶה לֶקֶט שִׁכְחָה וּפֵאָה.

The verse states with regard to offerings: “When you shall take a vow to the Lord your God, you shall not delay to pay it; for the Lord your God will surely require it of you” (Deuteronomy 23:22). With regard to the term “of you” the baraita states: This is a reference to gleanings, forgotten sheaves, and pe’a.

יֵשׁ יָד לִצְדָקָה, אוֹ אֵין יָד לִצְדָקָה? הֵיכִי דָמֵי? אִילֵימָא דְּאָמַר: ״הָדֵין זוּזָא לִצְדָקָה, וְהָדֵין נָמֵי״ — הָהוּא צְדָקָה עַצְמָהּ הִיא! אֶלָּא כְּגוֹן דְּאָמַר ״הָדֵין״ וְלָא אָמַר ״נָמֵי״, מַאי? ״הָדֵין נָמֵי צְדָקָה״ קָאָמַר, אוֹ דִּלְמָא [מַאי] ״וְהָדֵין״ (נָמֵי) — לְנַפְקוּתָא בְּעָלְמָא קָאָמַר, וְדִבּוּרָא הוּא דְּלָא אַסְּקֵיהּ.

§ The Gemara asks: Is there intimation for charity or is there no intimation for charity? The Gemara clarifies the question: What are the circumstances of such a case? If we say that it is a case where one said: This dinar is for charity and this also, that itself is an explicit statement of donating to charity. Rather, it is a case where he said: This, and did not say: Also. What is his intention? Is he understood to be saying: This is also charity, or perhaps what is the meaning of: And this? He is saying that this coin is merely for general use, and he did not complete his statement.

מִי אָמְרִינַן: כֵּיוָן דְּאִיתַּקַּשׁ לְקׇרְבָּנוֹת, דִּכְתִיב: ״בְּפִיךְ״ — זוֹ צְדָקָה. מָה קׇרְבָּנוֹת יֵשׁ לָהֶן יָד, אַף צְדָקָה יֵשׁ לָהּ יָד. אוֹ דִלְמָא לְ״בַל תְּאַחֵר״ הוּא דְּאִיתַּקַּשׁ?

The Gemara explains the two sides of this dilemma: Do we say that since charity is juxtaposed to offerings, as it is written in a verse following the prohibition against delaying an offering: “That you have spoken with your mouth” (Deuteronomy 23:24) and the Sages expounded that this is a reference to charity, therefore, just as there is intimation, i.e., intimation is effective, with regard to offerings, so too, there is intimation with regard to charity? Or perhaps it is only with regard to the prohibition: You shall not delay, that it is juxtaposed, but not with regard to other halakhot?

יֵשׁ יָד לְהֶפְקֵר, אוֹ דִלְמָא אֵין יָד לְהֶפְקֵר? הַיְינוּ צְדָקָה!

The Gemara asks further: Is there intimation for rendering one’s property ownerless, or perhaps there is no intimation for rendering one’s property ownerless. Does an incomplete expression employed by an owner to relinquish property take effect or not? The Gemara notes: This is the same as the previous question with regard to charity, which is comparable to rendering one’s property ownerless for the benefit of the poor.

אִם תִּמְצָא לוֹמַר קָאָמַר. אִם תִּמְצָא לוֹמַר יֵשׁ יָד לִצְדָקָה, דְּאֵין הֶיקֵּשׁ לְמֶחֱצָה. הֶפְקֵר מִי אָמְרִינַן הַיְינוּ צְדָקָה, אוֹ דִּלְמָא שָׁאנֵי צְדָקָה, דִּצְדָקָה לָא חַזְיָא אֶלָּא לַעֲנִיִּים, אֲבָל הֶפְקֵר בֵּין לַעֲנִיִּים בֵּין לַעֲשִׁירִים?

The Gemara responds: This question is stated in the style of: If you say, as follows: If you say there is intimation for charity, as there is no partial analogy based on juxtaposition, do we say that rendering one’s property ownerless is the same as charity; or perhaps charity is different, as charity is suitable only for the poor, but ownerless property is suitable for both the poor and the wealthy, and therefore it cannot be derived from the halakha with regard to charity.

בָּעֵי רָבִינָא: יֵשׁ יָד לְבֵית הַכִּסֵּא, אוֹ לָא? הֵיכִי דָמֵי? אִילֵימָא דַּאֲמַר ״הָדֵין בֵּיתָא לֶיהֱוֵי בֵּית הַכִּסֵּא, וְהָדֵין נָמֵי״, הַהוּא בֵּית הַכִּסֵּא נָמֵי הָוֵה! אֶלָּא כְּגוֹן דְּאָמַר ״וְהָדֵין״ וְלָא אָמַר ״נָמֵי״. מַאי ״הָדֵין״ דְּאָמַר — ״וְהָדֵין נָמֵי בֵּית הַכִּסֵּא״, אוֹ דִלְמָא מַאי ״וְהָדֵין״ — לְתַשְׁמִישָׁא בְּעָלְמָא קָאָמַר.

Ravina raised another dilemma: Is there intimation for designating a location as a bathroom or not? The Gemara asks: What are the circumstances of the case? If we say that it is a case where one said: Let this structure be a bathroom and this one also, that second structure is certainly also a bathroom. Rather, it is a case where he said: And this, and he did not say: Also. What is his intention? Is the expression: And this, that he said, understood to mean: And this shall also be a bathroom? Or perhaps what is the meaning of: And this? He is saying that it is designated for general use rather than as a bathroom.

מִכְּלָל דִּפְשִׁיטָא לֵיהּ לְרָבִינָא דְּיֵשׁ זִימּוּן לְבֵית הַכִּסֵּא? וְהָא מִיבַּעְיָא לֵיהּ לְרָבִינָא: הִזְמִינוֹ לְבֵית הַכִּסֵּא מַהוּ? הִזְמִינוֹ לְבֵית הַמֶּרְחָץ מַהוּ? זִימּוּן מוֹעִיל, אוֹ אֵין זִימּוּן מוֹעִיל?

The Gemara comments: Can it be derived by inference that it is obvious to Ravina that there is designation for a bathroom, i.e., that if one explicitly designates a location as a bathroom, it attains that status even before it is used for that purpose, so that one may not bring sacred items to that location? Didn’t Ravina raise this as a dilemma? He asked: If one designated a particular location as a bathroom, what is the halakha? If one designated it as a bathhouse, what is the halakha? In other words, is designation effective to grant the location a particular status, or is designation not effective?

רָבִינָא חֲדָא מִגּוֹ חֲדָא קָמִיבַּעְיָא לֵיהּ: זִימּוּן מוֹעִיל אוֹ אֵין זִימּוּן מוֹעִיל. אִם תִּמְצָא לוֹמַר יֵשׁ זִימּוּן: יֵשׁ יָד אוֹ אֵין יָד תִּיבְּעֵי לֵיהּ.

The Gemara answers: Ravina raised one dilemma within another dilemma: Is designation effective or is designation not effective? And if you say there is designation, i.e., designation is effective, is there intimation or is there not intimation, i.e., is designation via intimation effective? The Gemara concludes: The dilemma remains unresolved.

מְנוּדֶּה אֲנִי לָךְ וְכוּ׳. אָמַר אַבָּיֵי: מוֹדֶה רַבִּי עֲקִיבָא לְעִנְיַן מַלְקוֹת שֶׁאֵינוֹ לוֹקֶה. דְּאִם כֵּן, נִיתְנֵי ״רַבִּי עֲקִיבָא מַחְמִיר״.

§ It was taught in the mishna that if one said: I am ostracized from you, Rabbi Akiva was uncertain about the halakha but was inclined to rule stringently about this. Abaye said: Rabbi Akiva concedes with regard to flogging that one is not flogged if he violates a vow that was expressed in this way. As, if so, if Rabbi Akiva held that one is liable to be flogged, let the mishna teach: Rabbi Akiva is stringent. The fact that it states: Rabbi Akiva was uncertain but was inclined to rule stringently, indicates that although Rabbi Akiva holds that one may not violate this vow, he concedes that one is not liable to be flogged if he does violate the vow.

אָמַר רַב פָּפָּא: בִּ״נְדִינָא מִינָּךְ״ — דְּכוּלֵּי עָלְמָא לָא פְּלִיגִי דְּאָסוּר. ״מְשַׁמַּתְנָא מִינָּךְ״ — לְכוּלֵּי עָלְמָא שְׁרֵי. בְּמַאי פְּלִיגִי —

Rav Pappa said: With regard to a vow that one expressed with the phrase: I am distanced [nadeina] from you, everyone agrees that he is prohibited from deriving benefit from the other individual, as this is an intimation of a vow. If he employs the expression: I am excommunicated [meshamattena] from you everyone agrees that he is permitted to derive benefit from the other person, even though he meant to distance himself from the other individual, because this is not the terminology of a vow. With regard to what do they disagree?

בִּ״מְנוּדֶּה אֲנִי לָךְ״, דְּרַבִּי עֲקִיבָא סָבַר: לִישָּׁנָא דְנִידּוּיָא הוּא, וְרַבָּנַן סָבְרִי: לִישָּׁנָא דִמְשַׁמַּתְנָא הוּא.

They disagree with regard to a case when the language one uses is: I am ostracized from you, as Rabbi Akiva holds that it is a language of distancing and therefore expresses a vow, and the Rabbis hold that it is a language of excommunication, and not the terminology with which people express vows.

וּפְלִיגָא דְּרַב חִסְדָּא. דְּהָהוּא גַּבְרָא דְּאָמַר ״מְשַׁמַּתְנָא בְּנִכְסֵיהּ דִּבְרֵיהּ דְּרַב יִרְמְיָה בַּר אַבָּא״ אֲתָא לְקַמֵּיהּ דְּרַב חִסְדָּא. אֲמַר לֵיהּ: לֵית דְּחָשׁ לַהּ לְהָא דְּרַבִּי עֲקִיבָא. קָסָבַר: בִּ״מְשַׁמַּתְנָא״ פְּלִיגִי.

The Gemara comments: And Rav Pappa disagrees with the opinion of Rav Ḥisda, as demonstrated in the following incident: There was a certain man who said: I am excommunicated from the property of the son of Rav Yirmeya bar Abba. He came before Rav Ḥisda to ask whether this statement was effective in generating a prohibition or not. Rav Ḥisda said to him: There is no one who, in practice, is concerned for that opinion of Rabbi Akiva. Apparently, Rav Ḥisda holds that they also disagree with regard to the phrase: I am excommunicated from you. This indicates that the dispute between the tanna’im is not with regard to specific terms but with regard to the more general question of whether terms of ostracism or excommunication are terms that can also express vows.

אָמַר רַבִּי אִילָא אָמַר רַב: נִדָּהוּ בְּפָנָיו — אֵין מַתִּירִין לוֹ אֶלָּא בְּפָנָיו. נִדָּהוּ שֶׁלֹּא בְּפָנָיו — מַתִּירִין לוֹ בֵּין בְּפָנָיו בֵּין שֶׁלֹּא בְּפָנָיו.

§ Rabbi Ila said that Rav said: If one ostracized another individual in his presence, one may dissolve it for him only in his presence. If one ostracized him not in his presence, one may dissolve it for him in his presence or not in his presence.

אָמַר רַב חָנִין אָמַר רַב: הַשּׁוֹמֵעַ הַזְכָּרַת הַשֵּׁם מִפִּי חֲבֵירוֹ צָרִיךְ לְנַדּוֹתוֹ, וְאִם לֹא נִידָּהוּ — הוּא עַצְמוֹ יְהֵא בְּנִידּוּי. שֶׁכׇּל מָקוֹם שֶׁהַזְכָּרַת הַשֵּׁם מְצוּיָה, שָׁם עֲנִיּוּת מְצוּיָה.

Rav Ḥanin said that Rav said: One who hears mention of the name of God in vain by another individual must ostracize him for doing so. And if he did not ostracize him, he himself, the listener, shall be ostracized, as wherever mention of God’s name in vain is common, poverty is also common there.

וַעֲנִיּוּת, כְּמִיתָה, שֶׁנֶּאֱמַר: ״כִּי מֵתוּ כׇּל הָאֲנָשִׁים״, וְתַנְיָא: כׇּל מָקוֹם שֶׁ״נָּתְנוּ חֲכָמִים עֵינֵיהֶם״, אוֹ מִיתָה אוֹ עוֹנִי.

And poverty is so harsh that it is considered like death, as it is stated: “For all the men are dead who sought your life” (Exodus 4:19). The Sages had a tradition that Dathan and Abiram had sought to have Moses killed in Egypt and that they were the men referred to in the quoted verse (see 64b). They were still alive at that time but had become impoverished. And additionally, it is taught in a baraita: Wherever it says that the Sages set their eyes on a particular individual, the result was either death or poverty. This also indicates that death and poverty are equivalent.

אָמַר רַבִּי אַבָּא: הֲוָה קָאֵימְנָא קַמֵּיהּ דְּרַב הוּנָא, שַׁמְעַהּ לְהָךְ אִיתְּתָא דְּאַפִּקָה הַזְכָּרַת הַשֵּׁם לְבַטָּלָה, שַׁמְּתַהּ וּשְׁרָא לַהּ לְאַלְתַּר בְּאַפַּהּ. שְׁמַע מִינַּהּ תְּלָת: שְׁמַע מִינַּהּ הַשּׁוֹמֵעַ הַזְכָּרַת הַשֵּׁם מִפִּי חֲבֵירוֹ צָרִיךְ לְנַדּוֹתוֹ, וּשְׁמַע מִינַּהּ: נִידָּהוּ בְּפָנָיו, אֵין מַתִּירִין לוֹ אֶלָּא בְּפָנָיו, וּשְׁמַע מִינַּהּ: אֵין בֵּין נִידּוּי לַהֲפָרָה וְלֹא כְּלוּם.

Rabbi Abba said: I was standing before Rav Huna, and he heard a certain woman utter a mention of the name of God in vain. He excommunicated her and immediately dissolved the excommunication for her in her presence. The Gemara comments: Learn three things from this. Learn from this that one who hears mention of the name of God in vain by another individual must ostracize him; and learn from this that if one ostracized another in his presence, one may dissolve it for him only in his presence; and learn from this that there is nothing, i.e., no minimum time that must pass, between ostracism and nullification of the ostracism.

אָמַר רַב גִּידֵּל אָמַר רַב: תַּלְמִיד חָכָם מְנַדֶּה לְעַצְמוֹ, וּמֵיפֵר לְעַצְמוֹ. פְּשִׁיטָא? מַהוּ דְּתֵימָא: ״אֵין חָבוּשׁ מַתִּיר עַצְמוֹ מִבֵּית הָאֲסוּרִין״, קָא מַשְׁמַע לַן.

Rav Giddel said that Rav said: A Torah scholar can ostracize himself, and he can nullify the ostracism for himself. The Gemara asks: Isn’t it obvious that he can nullify the ostracism for himself, just as he is able to do for others? The Gemara answers: It states this lest you say, as per the popular maxim: A prisoner cannot free himself from prison, and since he is ostracized he cannot dissolve the ostracism for himself; therefore it teaches us that he can do so.

הֵיכִי דָּמֵי: כִּי הָא דְּמָר זוּטְרָא חֲסִידָא, כִּי מִחַיַּיב בַּר בֵּי רַב שַׁמְתָּא — מְשַׁמֵּית נַפְשֵׁיהּ בְּרֵישָׁא, וַהֲדַר מְשַׁמֵּת בַּר בֵּי רַב. וְכִי עָיֵיל לְבֵיתֵיהּ, שָׁרֵי לְנַפְשֵׁיהּ וַהֲדַר שָׁרֵי לֵיהּ.

The Gemara asks: What are the circumstances where a Torah scholar might ostracize himself? It is like that case involving Mar Zutra Ḥasida. When a student in the academy was liable to receive excommunication, Mar Zutra Ḥasida would first excommunicate himself and then he would excommunicate the student of Torah. And when he would enter his home, he would dissolve the excommunication for himself and then dissolve the excommunication for the student.

וְאָמַר רַב גִּידֵּל אָמַר רַב:

And Rav Giddel said that Rav said:

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Mona Fishbane

Teaneck NJ, United States

I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.

Meira Shapiro
Meira Shapiro

NJ, United States

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

A friend mentioned that she was starting Daf Yomi in January 2020. I had heard of it and thought, why not? I decided to try it – go day by day and not think about the seven plus year commitment. Fast forward today, over two years in and I can’t imagine my life without Daf Yomi. It’s part of my morning ritual. If I have a busy day ahead of me I set my alarm to get up early to finish the day’s daf
Debbie Fitzerman
Debbie Fitzerman

Ontario, Canada

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

Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .

Jill Felder
Jill Felder

Pittsburgh, Pennsylvania, United States

When I began the previous cycle, I promised myself that if I stuck with it, I would reward myself with a trip to Israel. Little did I know that the trip would involve attending the first ever women’s siyum and being inspired by so many learners. I am now over 2 years into my second cycle and being part of this large, diverse, fascinating learning family has enhanced my learning exponentially.

Shira Krebs
Shira Krebs

Minnesota, United States

I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Dora Chana Haar

Oceanside NY, United States

I began my journey two years ago at the beginning of this cycle of the daf yomi. It has been an incredible, challenging experience and has given me a new perspective of Torah Sh’baal Peh and the role it plays in our lives

linda kalish-marcus
linda kalish-marcus

Efrat, Israel

Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!

Lisa Lawrence
Lisa Lawrence

Neve Daniel, Israel

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

3 years ago, I joined Rabbanit Michelle to organize the unprecedented Siyum HaShas event in Jerusalem for thousands of women. The whole experience was so inspiring that I decided then to start learning the daf and see how I would go…. and I’m still at it. I often listen to the Daf on my bike in mornings, surrounded by both the external & the internal beauty of Eretz Yisrael & Am Yisrael!

Lisa Kolodny
Lisa Kolodny

Raanana, Israel

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

Janice Block
Janice Block

Beit Shemesh, Israel

I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.

Reena Slovin
Reena Slovin

Worcester, United States

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

I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Wendy Rozov
Wendy Rozov

Phoenix, AZ, United States

Nedarim 7

״מֵעִמָּךְ״, זֶה לֶקֶט שִׁכְחָה וּפֵאָה.

The verse states with regard to offerings: “When you shall take a vow to the Lord your God, you shall not delay to pay it; for the Lord your God will surely require it of you” (Deuteronomy 23:22). With regard to the term “of you” the baraita states: This is a reference to gleanings, forgotten sheaves, and pe’a.

יֵשׁ יָד לִצְדָקָה, אוֹ אֵין יָד לִצְדָקָה? הֵיכִי דָמֵי? אִילֵימָא דְּאָמַר: ״הָדֵין זוּזָא לִצְדָקָה, וְהָדֵין נָמֵי״ — הָהוּא צְדָקָה עַצְמָהּ הִיא! אֶלָּא כְּגוֹן דְּאָמַר ״הָדֵין״ וְלָא אָמַר ״נָמֵי״, מַאי? ״הָדֵין נָמֵי צְדָקָה״ קָאָמַר, אוֹ דִּלְמָא [מַאי] ״וְהָדֵין״ (נָמֵי) — לְנַפְקוּתָא בְּעָלְמָא קָאָמַר, וְדִבּוּרָא הוּא דְּלָא אַסְּקֵיהּ.

§ The Gemara asks: Is there intimation for charity or is there no intimation for charity? The Gemara clarifies the question: What are the circumstances of such a case? If we say that it is a case where one said: This dinar is for charity and this also, that itself is an explicit statement of donating to charity. Rather, it is a case where he said: This, and did not say: Also. What is his intention? Is he understood to be saying: This is also charity, or perhaps what is the meaning of: And this? He is saying that this coin is merely for general use, and he did not complete his statement.

מִי אָמְרִינַן: כֵּיוָן דְּאִיתַּקַּשׁ לְקׇרְבָּנוֹת, דִּכְתִיב: ״בְּפִיךְ״ — זוֹ צְדָקָה. מָה קׇרְבָּנוֹת יֵשׁ לָהֶן יָד, אַף צְדָקָה יֵשׁ לָהּ יָד. אוֹ דִלְמָא לְ״בַל תְּאַחֵר״ הוּא דְּאִיתַּקַּשׁ?

The Gemara explains the two sides of this dilemma: Do we say that since charity is juxtaposed to offerings, as it is written in a verse following the prohibition against delaying an offering: “That you have spoken with your mouth” (Deuteronomy 23:24) and the Sages expounded that this is a reference to charity, therefore, just as there is intimation, i.e., intimation is effective, with regard to offerings, so too, there is intimation with regard to charity? Or perhaps it is only with regard to the prohibition: You shall not delay, that it is juxtaposed, but not with regard to other halakhot?

יֵשׁ יָד לְהֶפְקֵר, אוֹ דִלְמָא אֵין יָד לְהֶפְקֵר? הַיְינוּ צְדָקָה!

The Gemara asks further: Is there intimation for rendering one’s property ownerless, or perhaps there is no intimation for rendering one’s property ownerless. Does an incomplete expression employed by an owner to relinquish property take effect or not? The Gemara notes: This is the same as the previous question with regard to charity, which is comparable to rendering one’s property ownerless for the benefit of the poor.

אִם תִּמְצָא לוֹמַר קָאָמַר. אִם תִּמְצָא לוֹמַר יֵשׁ יָד לִצְדָקָה, דְּאֵין הֶיקֵּשׁ לְמֶחֱצָה. הֶפְקֵר מִי אָמְרִינַן הַיְינוּ צְדָקָה, אוֹ דִּלְמָא שָׁאנֵי צְדָקָה, דִּצְדָקָה לָא חַזְיָא אֶלָּא לַעֲנִיִּים, אֲבָל הֶפְקֵר בֵּין לַעֲנִיִּים בֵּין לַעֲשִׁירִים?

The Gemara responds: This question is stated in the style of: If you say, as follows: If you say there is intimation for charity, as there is no partial analogy based on juxtaposition, do we say that rendering one’s property ownerless is the same as charity; or perhaps charity is different, as charity is suitable only for the poor, but ownerless property is suitable for both the poor and the wealthy, and therefore it cannot be derived from the halakha with regard to charity.

בָּעֵי רָבִינָא: יֵשׁ יָד לְבֵית הַכִּסֵּא, אוֹ לָא? הֵיכִי דָמֵי? אִילֵימָא דַּאֲמַר ״הָדֵין בֵּיתָא לֶיהֱוֵי בֵּית הַכִּסֵּא, וְהָדֵין נָמֵי״, הַהוּא בֵּית הַכִּסֵּא נָמֵי הָוֵה! אֶלָּא כְּגוֹן דְּאָמַר ״וְהָדֵין״ וְלָא אָמַר ״נָמֵי״. מַאי ״הָדֵין״ דְּאָמַר — ״וְהָדֵין נָמֵי בֵּית הַכִּסֵּא״, אוֹ דִלְמָא מַאי ״וְהָדֵין״ — לְתַשְׁמִישָׁא בְּעָלְמָא קָאָמַר.

Ravina raised another dilemma: Is there intimation for designating a location as a bathroom or not? The Gemara asks: What are the circumstances of the case? If we say that it is a case where one said: Let this structure be a bathroom and this one also, that second structure is certainly also a bathroom. Rather, it is a case where he said: And this, and he did not say: Also. What is his intention? Is the expression: And this, that he said, understood to mean: And this shall also be a bathroom? Or perhaps what is the meaning of: And this? He is saying that it is designated for general use rather than as a bathroom.

מִכְּלָל דִּפְשִׁיטָא לֵיהּ לְרָבִינָא דְּיֵשׁ זִימּוּן לְבֵית הַכִּסֵּא? וְהָא מִיבַּעְיָא לֵיהּ לְרָבִינָא: הִזְמִינוֹ לְבֵית הַכִּסֵּא מַהוּ? הִזְמִינוֹ לְבֵית הַמֶּרְחָץ מַהוּ? זִימּוּן מוֹעִיל, אוֹ אֵין זִימּוּן מוֹעִיל?

The Gemara comments: Can it be derived by inference that it is obvious to Ravina that there is designation for a bathroom, i.e., that if one explicitly designates a location as a bathroom, it attains that status even before it is used for that purpose, so that one may not bring sacred items to that location? Didn’t Ravina raise this as a dilemma? He asked: If one designated a particular location as a bathroom, what is the halakha? If one designated it as a bathhouse, what is the halakha? In other words, is designation effective to grant the location a particular status, or is designation not effective?

רָבִינָא חֲדָא מִגּוֹ חֲדָא קָמִיבַּעְיָא לֵיהּ: זִימּוּן מוֹעִיל אוֹ אֵין זִימּוּן מוֹעִיל. אִם תִּמְצָא לוֹמַר יֵשׁ זִימּוּן: יֵשׁ יָד אוֹ אֵין יָד תִּיבְּעֵי לֵיהּ.

The Gemara answers: Ravina raised one dilemma within another dilemma: Is designation effective or is designation not effective? And if you say there is designation, i.e., designation is effective, is there intimation or is there not intimation, i.e., is designation via intimation effective? The Gemara concludes: The dilemma remains unresolved.

מְנוּדֶּה אֲנִי לָךְ וְכוּ׳. אָמַר אַבָּיֵי: מוֹדֶה רַבִּי עֲקִיבָא לְעִנְיַן מַלְקוֹת שֶׁאֵינוֹ לוֹקֶה. דְּאִם כֵּן, נִיתְנֵי ״רַבִּי עֲקִיבָא מַחְמִיר״.

§ It was taught in the mishna that if one said: I am ostracized from you, Rabbi Akiva was uncertain about the halakha but was inclined to rule stringently about this. Abaye said: Rabbi Akiva concedes with regard to flogging that one is not flogged if he violates a vow that was expressed in this way. As, if so, if Rabbi Akiva held that one is liable to be flogged, let the mishna teach: Rabbi Akiva is stringent. The fact that it states: Rabbi Akiva was uncertain but was inclined to rule stringently, indicates that although Rabbi Akiva holds that one may not violate this vow, he concedes that one is not liable to be flogged if he does violate the vow.

אָמַר רַב פָּפָּא: בִּ״נְדִינָא מִינָּךְ״ — דְּכוּלֵּי עָלְמָא לָא פְּלִיגִי דְּאָסוּר. ״מְשַׁמַּתְנָא מִינָּךְ״ — לְכוּלֵּי עָלְמָא שְׁרֵי. בְּמַאי פְּלִיגִי —

Rav Pappa said: With regard to a vow that one expressed with the phrase: I am distanced [nadeina] from you, everyone agrees that he is prohibited from deriving benefit from the other individual, as this is an intimation of a vow. If he employs the expression: I am excommunicated [meshamattena] from you everyone agrees that he is permitted to derive benefit from the other person, even though he meant to distance himself from the other individual, because this is not the terminology of a vow. With regard to what do they disagree?

בִּ״מְנוּדֶּה אֲנִי לָךְ״, דְּרַבִּי עֲקִיבָא סָבַר: לִישָּׁנָא דְנִידּוּיָא הוּא, וְרַבָּנַן סָבְרִי: לִישָּׁנָא דִמְשַׁמַּתְנָא הוּא.

They disagree with regard to a case when the language one uses is: I am ostracized from you, as Rabbi Akiva holds that it is a language of distancing and therefore expresses a vow, and the Rabbis hold that it is a language of excommunication, and not the terminology with which people express vows.

וּפְלִיגָא דְּרַב חִסְדָּא. דְּהָהוּא גַּבְרָא דְּאָמַר ״מְשַׁמַּתְנָא בְּנִכְסֵיהּ דִּבְרֵיהּ דְּרַב יִרְמְיָה בַּר אַבָּא״ אֲתָא לְקַמֵּיהּ דְּרַב חִסְדָּא. אֲמַר לֵיהּ: לֵית דְּחָשׁ לַהּ לְהָא דְּרַבִּי עֲקִיבָא. קָסָבַר: בִּ״מְשַׁמַּתְנָא״ פְּלִיגִי.

The Gemara comments: And Rav Pappa disagrees with the opinion of Rav Ḥisda, as demonstrated in the following incident: There was a certain man who said: I am excommunicated from the property of the son of Rav Yirmeya bar Abba. He came before Rav Ḥisda to ask whether this statement was effective in generating a prohibition or not. Rav Ḥisda said to him: There is no one who, in practice, is concerned for that opinion of Rabbi Akiva. Apparently, Rav Ḥisda holds that they also disagree with regard to the phrase: I am excommunicated from you. This indicates that the dispute between the tanna’im is not with regard to specific terms but with regard to the more general question of whether terms of ostracism or excommunication are terms that can also express vows.

אָמַר רַבִּי אִילָא אָמַר רַב: נִדָּהוּ בְּפָנָיו — אֵין מַתִּירִין לוֹ אֶלָּא בְּפָנָיו. נִדָּהוּ שֶׁלֹּא בְּפָנָיו — מַתִּירִין לוֹ בֵּין בְּפָנָיו בֵּין שֶׁלֹּא בְּפָנָיו.

§ Rabbi Ila said that Rav said: If one ostracized another individual in his presence, one may dissolve it for him only in his presence. If one ostracized him not in his presence, one may dissolve it for him in his presence or not in his presence.

אָמַר רַב חָנִין אָמַר רַב: הַשּׁוֹמֵעַ הַזְכָּרַת הַשֵּׁם מִפִּי חֲבֵירוֹ צָרִיךְ לְנַדּוֹתוֹ, וְאִם לֹא נִידָּהוּ — הוּא עַצְמוֹ יְהֵא בְּנִידּוּי. שֶׁכׇּל מָקוֹם שֶׁהַזְכָּרַת הַשֵּׁם מְצוּיָה, שָׁם עֲנִיּוּת מְצוּיָה.

Rav Ḥanin said that Rav said: One who hears mention of the name of God in vain by another individual must ostracize him for doing so. And if he did not ostracize him, he himself, the listener, shall be ostracized, as wherever mention of God’s name in vain is common, poverty is also common there.

וַעֲנִיּוּת, כְּמִיתָה, שֶׁנֶּאֱמַר: ״כִּי מֵתוּ כׇּל הָאֲנָשִׁים״, וְתַנְיָא: כׇּל מָקוֹם שֶׁ״נָּתְנוּ חֲכָמִים עֵינֵיהֶם״, אוֹ מִיתָה אוֹ עוֹנִי.

And poverty is so harsh that it is considered like death, as it is stated: “For all the men are dead who sought your life” (Exodus 4:19). The Sages had a tradition that Dathan and Abiram had sought to have Moses killed in Egypt and that they were the men referred to in the quoted verse (see 64b). They were still alive at that time but had become impoverished. And additionally, it is taught in a baraita: Wherever it says that the Sages set their eyes on a particular individual, the result was either death or poverty. This also indicates that death and poverty are equivalent.

אָמַר רַבִּי אַבָּא: הֲוָה קָאֵימְנָא קַמֵּיהּ דְּרַב הוּנָא, שַׁמְעַהּ לְהָךְ אִיתְּתָא דְּאַפִּקָה הַזְכָּרַת הַשֵּׁם לְבַטָּלָה, שַׁמְּתַהּ וּשְׁרָא לַהּ לְאַלְתַּר בְּאַפַּהּ. שְׁמַע מִינַּהּ תְּלָת: שְׁמַע מִינַּהּ הַשּׁוֹמֵעַ הַזְכָּרַת הַשֵּׁם מִפִּי חֲבֵירוֹ צָרִיךְ לְנַדּוֹתוֹ, וּשְׁמַע מִינַּהּ: נִידָּהוּ בְּפָנָיו, אֵין מַתִּירִין לוֹ אֶלָּא בְּפָנָיו, וּשְׁמַע מִינַּהּ: אֵין בֵּין נִידּוּי לַהֲפָרָה וְלֹא כְּלוּם.

Rabbi Abba said: I was standing before Rav Huna, and he heard a certain woman utter a mention of the name of God in vain. He excommunicated her and immediately dissolved the excommunication for her in her presence. The Gemara comments: Learn three things from this. Learn from this that one who hears mention of the name of God in vain by another individual must ostracize him; and learn from this that if one ostracized another in his presence, one may dissolve it for him only in his presence; and learn from this that there is nothing, i.e., no minimum time that must pass, between ostracism and nullification of the ostracism.

אָמַר רַב גִּידֵּל אָמַר רַב: תַּלְמִיד חָכָם מְנַדֶּה לְעַצְמוֹ, וּמֵיפֵר לְעַצְמוֹ. פְּשִׁיטָא? מַהוּ דְּתֵימָא: ״אֵין חָבוּשׁ מַתִּיר עַצְמוֹ מִבֵּית הָאֲסוּרִין״, קָא מַשְׁמַע לַן.

Rav Giddel said that Rav said: A Torah scholar can ostracize himself, and he can nullify the ostracism for himself. The Gemara asks: Isn’t it obvious that he can nullify the ostracism for himself, just as he is able to do for others? The Gemara answers: It states this lest you say, as per the popular maxim: A prisoner cannot free himself from prison, and since he is ostracized he cannot dissolve the ostracism for himself; therefore it teaches us that he can do so.

הֵיכִי דָּמֵי: כִּי הָא דְּמָר זוּטְרָא חֲסִידָא, כִּי מִחַיַּיב בַּר בֵּי רַב שַׁמְתָּא — מְשַׁמֵּית נַפְשֵׁיהּ בְּרֵישָׁא, וַהֲדַר מְשַׁמֵּת בַּר בֵּי רַב. וְכִי עָיֵיל לְבֵיתֵיהּ, שָׁרֵי לְנַפְשֵׁיהּ וַהֲדַר שָׁרֵי לֵיהּ.

The Gemara asks: What are the circumstances where a Torah scholar might ostracize himself? It is like that case involving Mar Zutra Ḥasida. When a student in the academy was liable to receive excommunication, Mar Zutra Ḥasida would first excommunicate himself and then he would excommunicate the student of Torah. And when he would enter his home, he would dissolve the excommunication for himself and then dissolve the excommunication for the student.

וְאָמַר רַב גִּידֵּל אָמַר רַב:

And Rav Giddel said that Rav said:

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