POINT BY POINT SUMMARY
Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Nedarim 16
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NEDARIM 16 - dedicated anonymously in honor of Kollel Iyun Hadaf, and in
honor of those who study the Dafyomi around the world.
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1) MISHNAH: SHEVUAH NOT TO EAT
(a) If someone said "Shevuah, I will not eat of yours," "Hoh Shevuah
that I will eat of yours," or "Not a Shevuah, that I will not eat
of yours," it is binding.
2) EXPLAINING THE MISHNAH
(a) We see in the Mishnah that "Hoh Shevuah that I will eat of
yours," means that he will not eat.
(b) Question: We see differently elsewhere:
1. (Mishnah) There are two phrases that result in four types of
Shevuah: That I will eat, that I will not eat, that I did
eat, and that I did not eat.
2. We see that saying "that l will eat" means that he will
eat!?
(c) Answer #1 (Abaye): It can mean either, depending on the
circumstances;
1. If he was being pressed to eat, and he said, "I'll eat, I'll
eat, and Shevuah that I will eat" then it means he will eat.
2. If he was being pressed to eat, and he said, "I won't eat, I
won't eat, and Shevuah that I will eat" then it means he
will not eat.
(d) Answer #2 (Rav Ashi): The Mishnah means that he said "Shevuah
that I will not eat."
(e) Question: This is obvious?
1. Answer: One might have thought that he mispronounced it as
"I will eat" (She'ochel instead of She'iy Ochel).
(f) Abaye did not offer Rav Ashi's answer because the Mishnah did not
say "that I will not eat."
(g) Rav Ashi did not offer Abaye's answer because "that I will not
eat" can also mean two things:
1. If he was being pressed to eat, and he said, "I won't eat, I
won't eat," then whether his Shevuah was "I will eat" or "I
won't eat" it means that he will eat.
2. But saying "Shevuah that I will not eat" can also mean that
he will not eat.
3. The Tanna, however, stated a general rule that "I will eat"
means he will eat and "I won't eat" means he won't
(regardless of the context).
3) MISHNAH: STRINGENCIES OF NEDARIM
(a) The previous Mishnah is a stringency of Shevuos over Nedarim.
(b) The stringency of Nedarim is that they take effect to prohibit a
Mitzvah such as Sukkah, Lulav, or Tefillin, which Shevuah cannot
do.
16b---------------------------------------16b
4) STRINGENCIES OF SHEVUOS
(a) Question: The wording of the Mishnah indicates that although
Shevuah is more stringent than a Neder in these cases, the Neder
is still effective; but it isn't!?
(b) Answer: It refers to the case of vowing not to sleep, speak or
walk, in which cases the Neder is effective D'Rabbanan.
5) SHEVUOS AGAINST MITZVOS
(a) The source that one cannot take a Shevuah to transgress a mitzvah
is the Pasuk of "Lo Yachel Devaro" - he cannot negate his own
dictates, but he can negate that which contravenes the Torah.
(b) Question: If one can make a Neder to transgress a mitzvah because
it says "to Hashem, Lo Yachel" (that even if it is against a
mitzvah, he must not break his word), then the same should be
true for Shevuah, with which it also says "to Hashem"?
(c) Answer (Abaye): A person can prohibit the pleasure of a mitzvah
on himself (a Neder) but he cannot prohibit himself from doing a
mitzvah (a Shevuah).
(d) Alternate answer (Rava): Mitzvos are not for pleasure; the answer
is that a person can prohibit the sitting in a Sukkah on himself
(a Neder) but he cannot prohibit himself from doing a mitzvah (a
Shevuah).
(e) Question: Surely the rule that one cannot make a Shevuah to
transgress a mitzvah is learnt from elsewhere:
1. (Beraisa) We know that a Shevuah to transgress a mitzvah is
ineffective as the Torah says "to do bad or good" - just as
doing good refers to something optional, so to with
something bad, which excludes someone who swears to
transgress a mitzvah but does not do so.
(f) Answer: This Pasuk serves to exclude him from bringing a Korban;
the Pasuk of Lo Yachel serves to exempt him from the Lo Sa'aseh.
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