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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 41



(a) When Hashem ordered Yechezkel to prepare 'K'lei Golah' - He was referring to a lamp, a plate and a piece of leather (to eat from).

(b) When the Torah writes in Ki Savo that you will eat your bread "be'Choser Kol" some Amora'im say that it is referring to a lamp and a table, and others, without a wife, a servant or devoid of 'Da'as' (knowledge or common sense). The Tana lists - without salt and without fat (into which to dip one's bread, like *we* eat it with butter).

(c) When Abaye says that without a certain commodity, one is poor, and the Tana of a Beraisa says, that without it, all one's other assets are worthless - they are referring to 'Da'as'.

(a) Rav Alexandri Amar Rav Chiya bar Aba learns from the Pasuk "ha'Solei'ach le'Chol Avoneichi, ha'Rofei le'Chol Tachlu'aichi" - that someone who recovers from one's illness, is forgiven all his sins.

(b) Rav Hamnuna says that someone who recovers from an illness - rises from his sick-bed invigorated.

(c) Rav Yosef explains the Pasuk "Kol Mishkavo Hafachta be'Cholyo" - to mean that when a person becomes ill, he forgets his learning.

(d) When this actually happened to Rav Yosef - he would subsequently say to Abaye that he had not heard of the issue under discussion, to which Abaye would reply that not only had he heard it, but that he had actually taught it to them (his disciples), and from such and such a Beraisa.

(a) Rebbi taught Rebbi Chiya seven of the thirteen approaches to Halachos that he had devised (see Agados Maharsha). When he became ill and forgot them, Rebbi Chiya re-taught them to him. Initially, the other six were forgotten - until that laudryman (see Agados Maharsha), who would visit Rebbi every day, and had overheard everything that Rebbi learned, taught them to Rebbi Chiya, who went and re-taught them to Rebbi.

(b) According to some, Rebbi told that laudryman that he had made Rebbi Chiya and him (Rebbi). According quoted him as saying to that laundryman - that he (the laundryman) had made Rebbi Chiya and Rebbi Chiya had made him.

(a) Rav Alexandri Amar Rav Chiya bar Aba ...
1. ... says that a miracle that occurs with a sick person is greater than that which occurred to Chananyah, Misha'el and Azaryah - in connection with the Divine fire that rages within a sick person's body, which is much more difficult to extinguish than the man-made-fire of the furnace of Chananyah, Misha'el and Azaryah, yet he recovers.
2. ... (or Rebbi Yehoshua ben Levi) learns from the Pasuk (said by Kayin) "Vehayah Chol Motze'i Yahargeini" - that when the time comes for a person to die, he becomes an easy victim for whoever pursues him.
(b) Others learn this from the Pasuk "le'Mishpatecha Amdu ha'Yom, Ki ha'Kol Avadecha". Rabah bar Shilo applied this Pasuk - to the case of a short donkey who was carrying the tall man whom it had Divine instructions to kill. It was half way across a bridge, when it decided to toss him into the river below, where he drowned.

(c) And Shmuel applied it to a scorpion - that acting on Divine instructions to sting and kill a man on the other side of the river, engaged a frog to carry it across.

(a) When Shmuel said that the Mitzvah to visit a sick person is confined to someone who has a fever, he really meant to preclude visiting the three types of sick people cited in the Beraisa - someone with stomach trouble, with eye pains or head-aches.

(b) One should not visit ...

1. ... someone with stomach trouble, says Rebbi Yossi ben P'rata Amar Rebbi Eliezer - because it can be very embarrassing when the patient needs to go out in the middle.
2. ... someone with eye pains or with head-aches, says Rav Yehudah Amar Rav - because speaking aggravates these illnesses.
(c) If not for the fact that a high fever is an errand entrusted to the Angel of Death (and therefore bodes no good), it would be very useful, says Rava - inasmuch as it protects the body from other harmful elements much like the prickly bush that surrounds a date-palm and the balm known as theriac, which protects the body.

(d) Rav Nachman bar Yitzchak says - that it is better to avoid both a high fever and theriac.




(a) Rabah bar Yonasan Amar Rav Yechiel says that Arsan is good for a sick person. According to Rebbi Yonasan, 'Arsan' is old, peeled barley from the sieve, leftover from the first stages of sifting. Rav Yosef interprets it to mean flour made from old barley.

(b) Abaye comments with regard to both opinions - that they need to be well-cooked.

(c) Abaye forbids visiting someone who suffers from Burdam - which is a flow of blood from the lower body.

(d) He also says - that one should not mention this illness by name (because it falls under the category of unclean speech).

(a) We learned in our Mishnah 'u'Merap'eihu Refu'as ha'Nefesh, Aval Lo Refu'as Mamon' - which we initially interpret to mean that although he may cure him free of charge (one of the connotations of 'Nefesh' is 'willingly'), but not for a fee.

(b) The Madir - is then the patient, and the Mudar, the doctor.

(c) We refute this explanation on the grounds - that the Tana ought then to have said 'Merap'eihu be'Chinam Aval Lo bi'S'char'.

(a) So Rav Zutra bar Tuviah explains 'Refu'as ha'Nefesh' - to mean that he may cure *him* and 'Refu'as Mamon' - that he may not cure *his animal*.

(b) The Madir - is now the doctor, and the Mudar, the patient.

(c) Despite the fact that the reason that he is not permitted to cure the Mudar's animal is because there is somebody else who can do it he is nevertheless permitted to cure the Mudar himself - because a sick person never knows which doctor is destined to cure him.

(a) The Madir is nevertheless permitted to assist in the curing of the animal of the Mudar - by advising him what to administer to it.

(b) He must nevertheless take care not to - place anything into his hand for the purpose of curing the animal.

(c) Even that is permitted however - if it is the Mudar who declared the Neder forbidding the doctor's property on himself, because then we will apply the principle ' Lo Adrei Min Chiyusei'.

(d) It is clear that as far as curing the Mudar is concerned, the Madir is even permitted to place the cures into the Mudar's hands. Even this is prohibited however - if the cures are the Madir's (as we shall see later in this Perek).

(a) The Madir may bathe with the Mudar in a large public bath, but not in a small private one - because in the latter case, he raises the water-level to the Mudar's convenience, whilst in the former case, this is not so.

(b) They may also sleep in the same bed. Rebbi Yehudah qualifies this - by restricting the concession to the summer, but it is prohibited in the winter, as Koheles writes "Im Yishkevu Shenayim ve'Cham Lahem".

(c) Rebbi Meir in a Beraisa, prohibits bathing together even in a large bath. And he also prohibits or sleeping together even in a large bed (on account of a small one), in summer or in winter. Rebbi Yehudah restricts the decree to a small bath in the winter.

(d) We learned earlier that Rebbi Yehudah only comes to qualify the Tana Kama of our Mishnah, and not to argue with him. The Tana Kama cannot be Rebbi Meir - because then how could he say 've'Yashein Imo be'Mitah', which Rebbi Meir forbids in all cases?

(a) The Madir and the Mudar are also permitted to eat together at the same table. We might otherwise have thought that it is prohibited - in case the Mudar helps himself to some of the Madir's portion.

(b) Sharing one serving dish is prohibited - in case the Madir takes less than his share, leaving more for the Mudar.

(c) This too, is permitted - in the case of a large serving dish, where the guests help themselves, and what is left is returned to the host.

(a) 'Lo Yochal Imo min ha'Eivus shel Po'alim, ve'Lo Ya'aseh Imo be'Uman'.
1. 'Eivus shel Po'alim' is - a large communal trough in which food was served to all the employees.
2. 'Uman' is - a row of vines in a vineyard, where the workers are digging.
(b) The Tana ...
1. ... does not differentiate between a small 'Eivus' and a large one (which contains leftovers that are returned to the employer) - because it was unusual for this to happen.
2. ... forbids them to work together in the Uman - in case the Madir whilst digging in his area, loosens the earth in the area of the Mudar, making the work somewhat easier for him.
(c) The Chachamim disagree with Rebbi Meir, the author of the Mishnah of 'Uman' - who forbids this even if the Madir is digging at the other end of the row (on account of when he is digging next to him). They agree however - in a case when he is digging next to him.
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