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


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Nedarim 38

1) THE GIVING OF THE TORAH THROUGH MOSHE

(a) (Rav Acha Bar Ada): Chachamim of Eretz Yisrael consider this verse to be 3 verses: "Hash-m said to Moshe, I will come to you in a thick cloud".
(b) (Rav Chama Bar Chanina): Moshe became rich from the excess stone he quarried for the Tablets - "Carve for yourself 2 tablets of rock as the first ones" - the excess carvings will be yours.
(c) (R. Yosi Bar Chanina): Torah was only given to Moshe and his descendants - "Write for yourself"; "Carve for yourself".
1. Just as the carvings belong to Moshe, also the writing.
2. Moshe acted generously and gave the writing to Yisrael - "A generous person will be blessed".
(d) Question (Rav Chisda): "Hash-m commanded me at that time to teach you"!
(e) Answer: Hash-m commanded me; I (was generous and) commanded you.
(f) Question: "Behold, I taught you statues and laws as Hash-m commanded me"!
(g) Answer: Hash-m commanded me; I commanded you.
(h) Question: "Write for yourselves this song..."!
(i) Answer: Only the song (not the rest of the Torah).
(j) Question: "In order that this song should be a witness for me in Yisrael..."!
(k) Correction: R. Yosi Bar Chanina's intent was that only Moshe received a sharp understanding of Torah; he generously shared this with Yisrael.
(l) (R. Yochanan): Hash-m only rests his Presence on one who is mighty, wealthy, Chacham, and humble; we learn all of these from Moshe.
1. Mighty - Moshe spread the curtains over the Mishkan; and the boards were 10 Amos tall.
2. Objection: Perhaps he was tall but weak!
3. Retraction: Rather, from the fact that he held the Tablets and threw them.
i. (Beraisa): The Tablets were 6 (handbreadths) long, 6 wide, and 3 thick.
4. Wealthy - Hash-m told Moshe to keep the excess sapphire carved out for the Tablets.
5. Chacham - as Rav and Shmuel taught, 50 gates of understanding were created; Moshe received 49 of them - "You made him slightly less than Hash-m".
6. Humble - "Moshe was exceedingly humble".
(m) (R. Yochanan): All the prophets were wealthy - we learn this from Moshe, Shmuel, Amos, and Yonah.
1. Moshe - "I did not conscript 1 donkey from them".
i. Suggestion: If this means without paying for it - is it such a praise that he did not do this?!
ii. Rather, he did not even have to take 1 and pay for it.
2. Objection: Perhaps he didn't take because he couldn't afford to pay for it!
3. Retraction: Rather, he became wealthy from the excess sapphire (as said above).
4. Shmuel - "... whose ox or donkey did I take?"
i. Suggestion: If this means without paying for it - is it such a praise that he did not do this?!
ii. Rather, he did not even have to take 1 and pay for it.
5. Objection: Perhaps he didn't take because he couldn't afford to pay for it!
6. Retraction: Rather, we learn from "In his return to Ramah, for there is his house."
i. (Rava): Wherever he went, his house was with him.
ii. (Rava): What is said by Shmuel is greater than what is said by Moshe.
A. By Moshe, it says that he did not forcibly conscript a donkey, even to pay rental; by Shmuel, it says that he did not even rent with their consent - "You did not oppress us nor take willingly".
7. Amos - "I am not a (false) prophet (seeking money) ... I have cattle and sycamore trees" (according to Rav Yosef's translation).
8. Yonah - (R. Yochanan): "He gave its wages and descended" - he paid the hire of the entire ship.
i. (Rav Rumnus): This was 4000 gold Dinars.
(n) (R. Yochanan): At first, Moshe learned Torah and forgot it, until it was given to him as a gift - "He gave to Moshe when he finished speaking with him".
2) WHAT GIVES BENEFIT?
(a) (Mishnah): A vow prohibits Shimon from benefiting from Reuven. Reuven may feed Shimon's wife and children, even though Shimon must feed them;
(b) Reuven may not feed Shimon's animal, whether Kosher or not; R. Eliezer says, he may feed non-Kosher animals, not Kosher animals;
1. Chachamim: What is the difference?
2. R. Eliezer: A Kosher animal, the soul is Hash-m's, the body is Shimon's (he may eat it); by non-Kosher animals, the entire animal is Hash-m's.
38b---------------------------------------38b

3. Chachamim: Even by non-Kosher animals, the soul is Hash-m's, the body is Shimon's - he may sell it to Goyim, or feed it to his dogs!
(c) (Gemara - R. Yitzchak Bar Chananyah): Shimon may not benefit from Reuven - he may marry off his daughter to him.
(d) Question (R. Zeira): Who may marry his daughter to whom?
1. Suggestion: If Reuven may marry off his daughter to Shimon - he gives him a slave to serve him (this cannot be permitted)!
(e) Answer #1: Rather, Shimon may marry his daughter off to Reuven.
(f) Objection: This is obvious! Our Mishnah teaches even more!
1. (Mishnah): Reuven can feed Shimon's wife and children, even though Shimon must feed them.
2. All the more so, Reuven can marry Shimon's daughter!
(g) Answer #2: Really, Reuven may marry his daughter off to Shimon - the case is, she is a Bogeres, and she herself desires to marry Shimon.
1. Support - Beraisa: Shimon may not benefit from Reuven - Reuven may not marry off his daughter (a minor) to him, but he may marry off his Bogeres to him, if she desires.
(h) (R. Yakov): One who vows not to benefit from his son, in order that the son should learn Torah - the son may fill a barrel of water for his father, and light a lamp for him.
1. (R. Yitzchak): He may roast a small fish for his father.
(i) (R. Yirmiyah): Reuven may not benefit from Shimon - Shimon may give him a cup of Shalom to drink (Ran - the cup must belong to Reuven, Shimon merely serves him).
(j) Question: What is a cup of Shalom?
(k) Answer #1 (Chachamim of Bavel): Wine given to a mourner.
(l) Answer #2 (Chachamim of Eretz Yisrael): Hot water drunk by one that just bathed in hot water.
(m) (Mishnah): He may not feed his animals ...
(n) (Beraisa - Yehoshua of Uza): Reuven may feed Shimon's Kenanite slaves (Ran - if the slaves already are being fed, Reuven may give them extra food), but not his animals, Kosher or non-Kosher.
(o) Question: Why?
(p) Answer: Slaves are for service (and they do not serve better when fat); animals are standing to be fattened.
3) A SICK PERSON THAT MAY NOT BENEFIT
(a) (Mishnah): Reuven may not benefit from Shimon. If he visits him when he is sick, he must stand, he may not sit; he may heal him, but may not heal his money.
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