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Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 65

1) A VOW MADE TO A PERSON

(a) (Beraisa): Reuven vowed not to get benefit from Shimon - he may only annul his vow in front of Shimon.
(b) Question: What is the source of this?
(c) Answer (Rav Nachman): "Hash-m said to Moshe - in Midyan go, return to Egypt, for all the men have died" - since he vowed in Midyan, he must go to Midyan to annul his vow.
1. "va'Yo'EL Moshe" - ALah is the language of an oath - "(He made a covenant with him) and brought him in an Alah".
(d) "(Tzidkiyahu) also rebelled against Nebuchadnetzar, who made him swear by Hash-m's name".
(e) Question: What was his rebellion?
(f) Answer: He had seen Nebuchadnetzar eat a live hare; Nebuchadnetzar made him swear not to reveal this.
1. Later, it pained Tzidkiyahu to keep the secret; he annulled his oath and revealed the matter.
2. Nebuchadnetzar heard that people were debasing him for having eaten a live hare. He summoned the Sanhedrin and Tzidkiyahu.
i. Nebuchadnetzar: Look what Tzidkiyahu did - I made him swear by Hash-m's name that he will not reveal!
ii. Sanhedrin: He annulled his oath.
iii. Nebuchadnetzar: May one do that?
iv. Sanhedrin: Yes.
v. Nebuchadnetzar: In front of the one he swore to, or even not in front of him?
vi. Sanhedrin: Only in front of him.
vii. Nebuchadnetzar: Why did you annul his oath when I was not there?
viii.(R. Yitzchak): "(The Sanhedrin) sat on the ground; the Chachamim of Tziyon were silent" - the pillows they were sitting on were removed.
2) BORDERLINE NOLAD
(a) (Mishnah): R. Meir says, there are cases which resemble Nolad, but are not really Nolad; Chachamim argue.
1. 'I will not marry Plonis because her father is evil'; they told him that he died or repented;
2. 'I will not enter this house, for there is a vicious dog or a snake inside' - they told him that it died.
(b) (Gemara) Question: But death is Nolad!
(c) Answer #1 (Rav Huna): It is as if he made his vow contingent on something else.
(d) Answer #2 (R. Yochanan): The case is, they told him that he already died or repented before his vow.
65b---------------------------------------65b

(e) Question (R. Aba - the next Mishnah): ''I will not marry Plonis because she is ugly' - and she is actually pretty; 'because she is black, or short' - and she is really white, or tall; - he is permitted;
1. This is not because she was ugly or black or short, and she became pretty or white or tall - rather, the vow was a mistake from the beginning.
2. This fits well according to Rav Huna - our Mishnah teaches about making a vow contingent, and the next Mishnah teaches about a mistaken vow.
3. But according to R. Yochanan, both our Mishnah and the next Mishnah teach the law of a mistaken vow!
i. This is left difficult.
3) WAYS TO PROMPT REGRET
(a) (Mishnah - R. Meir): (Reuven vowed not to get benefit from Shimon -) we may prompt Reuven to regret his vow by telling him what the Torah says;
1. We say: 'You are transgressing "Do not take vengeance and "Do not bear a grudge" and "Do not hate your brother in your heart" and "Love your fellow man as yourself";
2. Also, "Your brother will live with you" - if Shimon will become poor, your vow forbids you to support him!
3. Had you known this, would you have vowed?'
(b) If he says, 'Had I known this, I would not have vowed', he is permitted.
(c) (Gemara - Rav Huna Bar Rav Ketina) Question: (Why does Reuven transgress "Your brother will live with you" -) why can't he say, it is not incumbent on me to (personally) support Shimon!
1. I and all others must support all the poor - (I will give money to the Tzedakah collector; if he gives that money to Shimon, he benefits Shimon, not me)!
(d) Answer (Rabanan): Shimon might request from you before he requests from the Tzedakah collector (and Reuven will transgress then).
(e) (Mishnah): We prompt regret by telling a man that he will have to pay his wife's Kesuvah.
1. There was a case; Reuven vowed not to benefit from his wife; her Kesuvah was 400 Dinars.
2. R. Akiva: You must pay the Kesuvah.
3. Reuven: My father left 800 Dinars when he died; I and my brother each received 400. Isn't it enough that my wife takes 200, and I the other 200?!
4. R. Akiva: Even if you have to sell the hair on your head, you must pay her Kesuvah!
5. Reuven: Had I known that, I would not have vowed.
6. R. Akiva permitted the vow.
(f) (Gemara) Question: Is there really a lien on Metaltelim (movable objects, such as money) to pay a Kesuvah?!
(g) Answer (Abaye): No - his father left him land worth 800 Dinars.
(h) Objection: But R. Akiva told him, he must sell his hair to pay the Kesuvah, and this is Metaltelim!
(i) Answer: No - he meant, she will collect her Kesuvah from (all) your land, even if you will be forced to sell your hair in order to eat.
(j) We infer from our Mishnah that when forcing a debtor to pay, we do not leave him basic necessities (food and vessels).
(k) Rejection (Rav Nachman Bar Yitzchak): No - really, we leave him basic necessities
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