REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Nedarim 27
1)
(a) What does Rebbi Nasan in a Beraisa say about someone who, after
declaring a Konem on a basket of fruit and upon discovering that it
contained white figs, claims that had he known that it did, he would never
have declared a Neder on the basket?
(b) Does the Neder require Hatarah vis-a-vis the white figs?
(c) What did Rebbi Akiva then come and teach?
(d) How do we establish this Beraisa in order to accommodate Rava's opinion?
2)
(a) In another Beraisa, the Tana states 'Nadar me'Chamishah B'nei Adam
ke'Echad, Hutar le'Echad Meihem, Hutru Kulam'. Who is the author,
according to ...
- ... Rabah?
- ... Rava?
(b) How does the Tana speak? What is the case?
(c) The Tana continues 'Chutz me'Echad Meihen, Hu Mutar, ve'Hein Asurin'.
Who is the author, according to ...
- ... Rabah?
- ... Rava?
(d) How does the Tana speak?
3)
(a) Like which Tana do we finally rule with regard to 'Neder she'Hutar
Miktzaso ... '?
(b) It is unclear however, whether we rule like Rabah or like Rava in their
above-mentioned dispute. We might rule like Rabah because he was Rava's
Rebbe (and we do not, as a rule, follow the opinion of a Talmid against his
Rebbe). Why, on the other hand, might we rule like Rava?
(c) So how do we in fact conclude?
4)
(a) What does the Ramban say about someone who knew that his father was
among the eaters, declared the Neder and then went to a Chacham to have the
Neder nullified regarding his father? Will 'Neder she'Hutar Miktzaso, Hutar
Kulo' apply there too?
(b) What is the reason of those who say that it does?
5)
(a) Regarding 'Neder she'Hutar Miktzaso ... ', Tosfos does not differentiate
between a Neder that has been revoked through a Pesach and one that was
revoked through Charatah. What does the Ramban say?
(b) What is the difference (regarding 'Neder she'Hutar Miktzaso ... ')
whether the Noder says 'la'Zeh, ve'la'Zeh' or 'la'Zeh, la'Zeh'?
(c) Does the principle of 'Neder she'Hutar Miktzaso ... ' extend to ...
- ... a Cherem or a Niduy?
- ... the Hafaras Nedarim of a husband or a father?
6)
(a) What example does the Mishnah give for Nidrei Onsin?
(b) Why does the Tana need to add the case of 'O she'Chalah B'no'?
(c) Why are 'Nidrei Onsin' void?
7)
(a) A certain litigant placed his documents in Beis-Din, and declared them
void should he not return within thirty days. On what grounds was the case
postponed for thirty days time? Why did they not judge him immediately?
(b) Why was it necessary for him to place his documents in Beis-Din in the
interim?
(c) An O'nes occurred and the defendant was delayed beyond the thirty-day
limit. What did Rabah retort when Rav Huna declared his documents void?
8)
(a) What is the source of 'O'nes Rachmana Patrei'?
(b) From where do we know that it is not confined to cases of life and death
(similar to those in the Pasuk)?
(c) What does the Tana rule in the Mishnah in Gitin with regard to a man who
gives his wife a Get which should be valid on the condition that he fails to
return within a year, and he is unable to return because he has died?
(d) According to Rabah, why does the Tana not apply the principle 'O'nes
Rachmana Patrei'?
Answers to questions
27b---------------------------------------27b
9)
(a) In the case where a certain husband gave his wife a Get which was to be
valid on condition that he did not return within thirty days, what happened
at the end of the thirty-day period?
(b) On the assumption that O'nes (negating conditions) applies to Gittin
too, why did Shmuel rule in that case that the Get was valid?
(c) How could we have dispensed with the current Kashyos? What does the
Gemara say in K'suvos about O'nes be'Gitin?
10)
(a) What do we mean when we ask on Rav Huna (who declared the documents that
the litigant handed over to Beis-Din void) 'Michdi Asmachta Hi'?
(b) How do we resolve this Kashya?
11)
(a) The Mishnah in Bava Basra presents a case where someone repaid part of
his loan and deposited his document with a third person with instructions to
hand it to the debtor' should he not return within thirty days. In the end,
he did not return, and Rebbi Yehudah ruled 'Lo Yiten'. Why is that?
(b) What did Rebbi Yossi say? Like whom does Rabah bar Avuhah Amar Rav rule?
(c) We reconcile Rav Huna (who, in our Sugya, does not consider the case
where the litigant handed his documents to Beis-Din, Asmachta) with this
ruling - by pointing out that in our Sugya, he said 'Livatlan Hani
Zachvasa'i'. How does the Rambam explain this?
(d) Rashi disagrees. According to him, Asmachta applies even when the
litigant is Mochel. How does Rashi then explain the above answer?
12)
(a) We conclude (with regard to Rav Huna's case) 've'Hilchesa Asmachta
Kanya, ve'Hu de'Lo Anis, ve'Hu De'Kanu Minei be'Beis-Din Chashuv'. What
sort of A'nus are we referring to?
(b) How do we know that 'Beis-Din Chashuv' does not mean a Beis-Din Samuch
(like the Rambam maintains)?
(c) How does Rabeinu Tam reconcile the need for a Beis-Din Chashuv as well
as a Kinyan, with the fact that every Kinyan is considered as if he had said
'Me'achshav', and 'Me'achshav' removes the aspect of 'Asmachta'?
(d) Rav Hai Gaon disagrees with Rabeinu Tam. In his opinion, 'Me'achshav'
helps to remove the aspect of 'Asmachta' in any event, even in our case, but
not a Kinyan. Why is a Beis-Din Chashuv necessary in our case, according
to him? Why will the Kinyan alone not suffice?
13)
(a) According to the above explanation (the Rif, explaining Rav Hai Gaon,
elaborates), when someone has deposited his documents in a Beis-Din Chashuv,
a Kinyan will help to remove the aspect of 'Asmachta' and so will the Lashon
of 'Me'achshav'. On what grounds do we disagree with the Rif and Rav Hai
Gaon?
(b) We therefore conclude that a Kinyan would work in our case, in
conjunction with 'Me'achshav'. Why will it not suffice if he ...
- ... said 'Livatlan Zachvasa'i' (Mechilah)?
- ... also said 'Me'achshav' (removing the 'Asmachta')?
(c) Then what is the final Chidush?
Answers to questions
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