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Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 31

NEDARIM 31 - dedicated anonymously in honor of Kollel Iyun Hadaf, and in honor of those who study the Dafyomi around the world.

1) THOSE THAT REST ON SHABBOS

(a) (Mishnah): One who vows not to benefit from those that cease on Shabbos - he may not benefit from Yisrael nor from Kusim;
(b) From those that eat garlic - he may not benefit from Yisrael nor from Kusim;
(c) From those that ascend to Yerushalayim on the festivals - he may benefit from Kusim, not from Yisrael.
(d) (Gemara) Question: What does it mean, those that cease on Shabbos?
1. Suggestion: If it means, those that do not work on Shabbos - why did the Mishnah only say he may not benefit from Kusim, he may not even benefit from Nochrim that do not work on Shabbos!
(e) Answer #1: Rather, it means those that are commanded to keep Shabbos.
(f) Objection: But the end of the Mishnah says, 'From those that ascend to Yerushalayim', he may benefit from Kusim' - but Kusim are also commanded about this!
(g) Answer #2 (Abaye): The Mishnah speaks of those that are commanded and observe.
1. Regarding Shabbos and eating garlic, Yisrael and Kusim are commanded and observe; a Nochri that observes is not commanded.
2. Regarding ascending to Yerushalayim, Yisrael and Kusim are commanded; Yisrael keep the Mitzvah, Kusim do not.
2) WHO IS CONSIDERED YISRAEL?
(a) (Mishnah): One who vows not to benefit from children of No'ach may benefit from Yisrael, not from Nochrim.
(b) (Gemara) Question: Are Yisrael not children of No'ach?
(c) Answer: Since Avraham was sanctified, Yisrael are called by his name, not by No'ach's.
(d) (Mishnah): One who vows not to benefit from the seed of Avraham may benefit from Nochrim, not from Yisrael.
(e) (Gemara) Question: Why are all Nochrim permitted - he should be forbidden to benefit from the seed of Yishmael!
(f) Answer: "In Yitzchak will be called your seed".
(g) Question: Why is he permitted to the seed of Esav?
(h) Answer: "*In* Yitzchak", not all of Yitzchak.
3) ONE WHO VOWS NOT TO BENEFIT FROM YISRAEL
(a) (Mishnah): One who vows not to benefit from Yisrael - when he buys from a Yisrael, he must pay more than the standard price; when he sells to a Yisrael, he must sell for less than the standard price;
(b) One who vows that Yisrael will not have benefit from himself - when he buys from (or sells to) a Yisrael, he must pay less (receive more) than the standard price;
1. People will not buy from or sell to him.
(c) One who vows not to benefit from nor give benefit to Yisrael - he can only do commerce with Nochrim.
(d) (Gemara - Shmuel): One who takes a vessel from a craftsman to inspect it (to see if he wants to buy it), and it was lost or ruined b'Ones (through circumstance beyond his control) must pay for it.
1. We see, he holds that a buyer benefits from a sale (and therefore he has the law of a borrower).
(e) Question (Mishnah): One who vows not to benefit from Yisrael - when he sells to a Yisrael, he must sell for less.
1. We infer, he may not sell for the exact value - if the buyer benefits from a sale, this should be permitted!
(f) Answer: The Mishnah is a case of an item which is hard to sell; the seller is happy to sell it.
(g) Question #1: If so, the one who vowed should be allowed to buy for the exact value (but the Mishnah says he must pay more)!
(h) Question #2: The end of the Mishnah says, when he vowed that Yisrael will not benefit from him, he must sell for a higher price - if the item is hard to sell, he should be allowed to sell for the exact value!
(i) Answer #1 (To question #2): The end of the Mishnah deals with an item in great demand.
(j) Objection: If so, why must he buy for less than the value - he should be allowed to buy for the exact value!
31b---------------------------------------31b

(k) Answer #2 (To questions 1 and 2): The Mishnah speaks of a standard item; Shmuel spoke of an item in great demand.
(l) A Beraisa supports Shmuel.
1. (Beraisa): A man took vessels from a merchant to send to his father-in-law's house. He stipulated: if they want them, I will pay their full value; if not, I will pay you what it was worth to me to show them that I wanted to give them such gifts;
2. If the vessels were lost or damaged b'Ones on the way to his father-in-law, the buyer must pay; on the way back, he is exempt, since he is as a paid watchman.
(m) A retailer took wine to sell; he did not sell it. On the way to return it, an Ones occurred - Rav Nachman ruled, he must pay.
(n) Question (Rava - Beraisa): On the way, the buyer must pay; on the way back, he is exempt.
(o) Answer (Rav Nachman): By a retailer, on the way back is as on the way, since the retailer is always looking to sell it, even at the door of his supplier!
4) THE GREATNESS OF CIRCUMCISION
(a) (Mishnah): A man vowed not to benefit the uncircumcised - he may benefit an uncircumcised Yisrael but not a circumcised Nochri;
(b) 'I will not benefit the circumcised' - he may not benefit an uncircumcised Yisrael but may benefit a circumcised Nochri;
1. Only Nochrim are called uncircumcised - "All the nations are uncircumcised; all of Yisrael have uncircumcised hearts".
2. Also: "This uncircumcised Philistine".
3. Also: "The daughters of the Philistines, the daughter of the uncircumcised".
(c) R. Eliezer Ben Azaryah says, The foreskin is repulsive - the wicked are debased through it - "All the nations are uncircumcised".
(d) R. Yishmael says, circumcision is great - 13 covenants were made upon it.
(e) R. Yosi says, circumcision is great - it overrides the severe prohibition of Shabbos.
(f) R. Yehoshua Ben Korchah says, circumcision is great - Moshe was about to be killed for a short delay in performing it!
(g) R. Nechemyah says, circumcision is great - it overrides the prohibition of cutting off a plague (leprosy).
(h) Rebbi says, circumcision is great - in spite of all his Mitzvos, Avraham was not called complete until he circumcised himself - "Walk in front of me and be perfect".
1. Also: circumcision is great, for Hash-m only made the world because of it - "If not for my covenant day and night, I would not have made heaven and earth."
(i) (Gemara - Beraisa - R. Yehoshua Ben Korchah): Circumcision is great - all of Moshe's merits did not protect him when he slackened from performing it - "Hash-m sought to kill him";
(j) Rebbi: Do not say Moshe slackened! Rather, he was pondering.
1. If I circumcise my son, then take him with me to Mitzrayim - this will endanger him, as we find by Shechem!
2. If I circumcise him immediately, and wait 3 days - but Hash-m told me to return to Miztrayim (right away)!
3. Question: If so, why was he punished?
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