POINT BY POINT SUMMARY
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.
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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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