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POINT BY POINT SUMMARY

Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 3

NEDARIM 2,3,4,5 - dedicated by Uri Wolfson and Naftali Wilk in honor of Rav Mordechai Rabin of Har Nof, a true beacon of Torah and Chesed.

1) THE ORDER OF THE MISHNAH (Cont.)

(a) Answer: There is no set procedure as to which to explain first.
(b) Answer #2: The laws of Yados were explained first because the explanation came from an exegesis (and the work involved made it precious).
1. Question: If so, let the laws of Yados be listed first!?
2. Answer: Kinuyim were listed first because they are d'Oraisa (and for the purpose of listing laws, the most basic ones come first).
3. Question: That works according to the opinion that they are a foreign language, but what about according to the opinion that they are invented by the Sages?
4. Answer: Since we are already emending the Mishnah to insert the law of Yados, we can also insert it before that of Kinuyim.
i. Thus, it states the law of Yados, then that of Kinuyim; then it explains Yados, then explains Kinuyim.
2) THE SOURCE OF YADOS
(a) Question: What is the source for the law of Yados?
(b) Answer: A Beraisa derives it from a verse:
1. "Nazir LeHazir" teaches that Yados are effective for Nazir.
2. The adjacent words Lindor Neder transfer Yados to Neder by way of a Hekesh.
3. The juxtaposition also transfers the law of Bal Yachel and Bal T'acher from Neder to Nazir.
4. It also transfers the annulment power of a father and husband to Nazir.
(c) Question: If we learn Yados from the double expression Nazir LeHazir, why not also learn it from Lindor Neder?
(d) Answer: The exegesis comes from the unusual order of the words, whereas Lindor Neder is the usual way of speaking.
(e) Question: According to the opinion that we do not refrain from deriving laws from a word on the grounds of it being the normal way of speaking, what is learned from the phrase Lindor Neder?
(f) Answer: He uses it to teach the law of Yados, and transfers it to Nazir. He uses Nazir LeHazir to teach that one can accept a double Nezirus.
3b---------------------------------------3b

(g) Question: According to the other opinion, how do we know that one can accept a double Nezirus?
(h) Answer: It is learned from the Torah saying LeHazir rather than Lizor.
(i) (In Eretz Yisrael) Some derive Yados from Lindor Neder, and some from "Kol Hayotzi Mipiv Yaaseh."
3) TRANSFERRING LAWS FROM NEDER TO NAZIR
(a) Question: How can Bal Yachel be transferred to Nazir such that it can be transgressed alone - if he drinks wine, he transgresses Bal Yishteh!?
(b) Answer: He indeed transgresses both.
(c) Question: How can Bal T'acher be transferred to Nazir - if he eats grapes, he is simply a Nazir who has transgressed Bal Yochal?
(d) Answer #1: It applies in a case where he said "When I wish, I will become a Nazir."
1. Question: But in such a case, there is never Bal T'acher!?
(e) Answer #2 (Rava): It applies in a case where he said that he will not die without having become a Nazir, where he has to accept it immediately.
1. This is similar to the case of a Kohen who says that a Get will apply from one hour before his death, whereupon his wife is instantly prohibited from eating Terumah.
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