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Nazir 11
1) [line 12] MEISIN LI ACHARINA U'MATZ'ARAN LI - they will bring me another
[cup of wine] and cause me anguish
2) [line 13] MILSA D'PESIKA LEHU - a statement that is unambiguous to them
[that I do not want to drink any more wine]
3) [line 25] MASNEH AL MAH SHE'KASUV BA'TORAH
(a) It is possible to make a condition in all Nedarim (vows; see Background
to Nedarim 2) or Kinyanim (acquisitions; the word Kinyan connotes a change
of ownership or status, such as sales, gifts, Gitin and Kidushin) such that
the Neder or Kinyan will not take effect unless one or both of the parties
involved fulfill the specified condition. However, the Torah established
that not all conditional statements are valid. Rather, the wording of the
conditional statement must follow a specific formulation (Kidushin 61a).
(b) The exact format for conditional statements is learned from the
condition that Moshe Rabeinu made with the men of the tribes of Gad and
Reuven. They received portions in the land of Ever ha'Yarden (modern-day
Jordan) on condition that they fight alongside the other tribes in the wars
of conquest of Eretz Yisrael proper (Kidushin 61a).
(c) It is debated among the Tana'im and Amora'im if it is possible to alter
a Halachic effect (such as Nezirus or Kinyan) that the Torah or the Rabanan
describe, through a Tenai. For instance, the Torah says that the Kinyan of
Kidushin (betrothal) obligates the husband with certain marital and
financial obligations towards his wife upon their marriage. If a person
specifies that he wants to make a Kidushin on the condition that the
Kidushin will not commit him to those obligations, it is called "Masneh Al
Mah she'Kasuv ba'Torah," a Tenai that is attempting to change obligations
[of Kidushin, in this case] that the Torah specifies. Another example of
this would be if a person attempts to make himself a Nazir on the condition
that he be permitted to become Tamei Mes. Some Tana'im rule that a condition
which attempts to change any Kinyan, either one that is mid'Oraisa or one
that is mid'Rabanan, is not valid. Others hold that a condition can change
only a Kinyan that is mid'Rabanan (which is weaker), while yet others rule
that it can only change a Kinyan that is mid'Oraisa (since the Rabanan were
more stringent with their institutions, lest people belittle them). Finally,
there are those who rule that it can change either a Kinyan that is
mid'Oraisa or one that is mid'Rabanan.
(d) If the Tenai is not formulated properly, or if it does not fulfill one
of the above points, the Tenai is not valid and the action (i.e. the Kinyan)
takes effect *even if* the parties do not fulfill the specified conditions.
That is, the Tenai is disregarded.
11b---------------------------------------11b
4) [line 9] B'NIDREI ONSIN - vows that one is forced to make
5) [line 11] NIDREI ZIRUZIN - vows for purposes of motivation
6) [line 12] NIDREI HAVAI - vows of exaggeration, vows of nonsense with no
substance
7) [line 12] NIDREI SHEGAGOS - vows that one made by mistake
8) [line 18] V'ALAI L'GALE'ACH NAZIR - and it is incumbent upon me to bring
the Korbanos of (lit. to shave) [another] Nazir
9) [line 34] ALAI L'GALE'ACH CHATZI NAZIR - it is incumbent upon me (a) to
bring the Korbanos of (lit. to shave) a half-Nazir [which does not exist,
and as such the person will be obligated to bring the Korbanos of a normal
Nazir] (opinion of Rebbi Meir, Mishnah, Daf 12b); (b) to bring half of the
Korbanos of (lit. to shave half of) [another] Nazir (opinion of Chachamim
ibid.)
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