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Prepared by Rabbi N. Slifkin of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Nedarim 83
1) VOWS THAT INCLUDE AFFLICTION
1. If her husband annulled the vow, but she did not
know and drank or became Teme'ah, she does not
receive 40 lashes.
i. If he can only annul the part which pains her -
perhaps he only annulled the prohibition of
wine, which pains her, but not the prohibition
to eat grape pits or peels!
ii. If so, the Mishnah should teach that she gets
40 lashes if she eats grape pits or skins.
(b) Answer #1 (Rav Yosef): Nezirus cannot be partial (so it
is totally annulled).
(c) Objection (Abaye): Your words imply, there is a sacrifice
for partial Nezirus!
(d) Answer #2 (Abaye): Nezirus cannot be partial, and there
is no sacrifice for partial Nezirus.
(e) Question (against Abaye - Mishnah): A woman vowed to be a
Nezirah; she separated an animal (for the sacrifice), and
her husband annulled her Nezirus - she brings a bird as a
sin-offering (if she was Teme'ah), but not a bird as a
burnt-offering.
1. If there is no sacrifice for partial Nezirus - why
does she bring a bird as a sin-offering?
(f) Counter-question: If you say that there is a sacrifice
for partial Nezirus - she should bring all 3 animals (if
she was Tehorah), a sin-offering, burnt-offering, and
Shelamim!
(g) Answer: Really, there is no (regular) sacrifice for
partial Nezirus.
1. She brings a bird as a sin-offering (if she became
Teme'ah), since the Torah allowed this to be brought
when in doubt (i.e. even though it might be
unnecessary), and she needs atonement.
(h) Question (against R. Yochanan - Mishnah): A woman vowed
to be a Nezirah, and became Teme'ah. Later, her husband
annulled her Nezirus - she brings a bird as a
sin-offering
1. If annulment only works on the part of the vow that
is affliction - perhaps the annulment only works
regarding wine, for abstinence from wine is
affliction, but not regarding Tumah, for this is no
affliction!
83b---------------------------------------83b
(i) Answer: Refraining from becoming Tamei is also an
affliction (since she cannot bury others, no one will
bury her)!
1. (Beraisa - R. Meir): "The living will take it to
heart" - the eulogizer will be eulogized; those that
cry over a Mes, others will cry over them; one who
buries others will be buried.
2) A VOW FROM ALL PEOPLE
(a) (Mishnah): A wife vowed that she will not benefit from
the creations (i.e. people) - her husband cannot annul
this, and she can take Leket, Shichchah and Pe'ah
(gleanings, forgotten produce, and an unharvested corner
of the field - agricultural gifts for the poor);
(b) A man vowed that Kohanim and Leviyim will not benefit
from him - they may take (tithes and gifts due to them)
against his will;
1. If he only forbade certain Kohanim and Leviyim,
others take the tithes and gifts.
(c) (Gemara): (Since he may not annul), we infer that the
wife may benefit from her husband - we see, when she says
'creations', this excludes her husband.
(d) Question: But the Mishnah continues, she can take Leket,
Shichchah and Pe'ah - (since she must rely on these) we
infer, she may not benefit from her husband!
(e) Answer #1 (Ula): Really, 'creations' excludes her husband
(so it is not a vow between him and her) - also, it is
not a vow of affliction, because she can take Leket,
Shichchah and Pe'ah, therefore, he cannot annul.
(f) Answer #2 (Rava): Really, 'creations' includes her
husband; the Mishnah explains the reason for the law.
1. He cannot annul because she may take Leket,
Shichchah and Pe'ah.
(g) Answer #3 (Rav Nachman): Really, 'creations' excludes her
husband; the 2nd clause of the Mishnah is a new law.
1. If she was later divorced, she can take Leket,
Shichchah and Pe'ah.
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