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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 60


***** Perek Konem Yayin *****


(a) If someone says 'Konem Yayin she'Eini To'em ha'Yom' - the prohibition of drinking wine extends until nightfall.

(b) Someone who says 'Konem Alai ... Shabbos Zu' or 'Shavu'a Zeh' is forbidden until the end of the week or of the seven-year cycle *including* Shabbos and the Sh'mitah-year respectively - whereas if he said 'Chodesh Zeh' or 'Shanah Zu', he is forbidden until the end of the month or of the year *excluding* Rosh Chodesh and Rosh Hashanah respectively.

(c) Alternatively, the Mishnah is speaking when he declared the Neder on Shabbos, Rosh Chodesh, Rosh Hashanah or in the Sh'mitah-year respectively, and - 've'Shabbos le'she'Avar', 'u'Shevi'is she'Avrah', ve'Rosh Chodesh le'ha'Ba', ve'Rosh Hashanah le'Asid Lavo', mean that as far as the day (in the three cases is concerned) and the year (in the case of 'Shavu'a), the Shabbos and the Sh'mitah (which belong to the previous cycle) are precluded from the Neder, whereas Rosh Chodesh and Rosh Hashanah are included.

(d) We reject this explanation - on the grounds that, if he declared on Shabbos or in the Sh'mitah-year 'Shabbos Zu' or 'Shavu'a Zeh', then the Tana should have restricted the Neder to that day or year only, similar to the case in Rosh Hashanah 'ha'Mudar Hana'ah me'Chaveiro le'Shanah, Afilu Lo Amad Ela be'Esrim-ve'Tish'ah Elul, Keivan she'Higi'a Echad be'Tishri, Alsah Lo Shanah'.

(a) If one were to say 'Yom Echad', 'Shabbos Achas', 'Chodesh Echad', 'Shanah Achas' or 'Shavu'a Echad' - the prohibition would last an entire cycle, one day, one week, one month one year or one seven-year cycle (from day to day).

(b) 'Konem ... ad ha'Pesach' implies until Pesach arrives (because when it comes to Leshon B'nei Adam, 'ad' is usually exclusive) - whereas 'ad she'Yehei ha'Pesach' implies until Pesach has passed.

(c) According to Rebbi Meir 'ad Lifnei ha'Pesach' implies until Pesach arrives - because, in his opinion, a person does not enter into a Safek (when a Lashon is ambiguous, then he will refer to the less questionable implication). Consequently, even though the Lashon could also mean until the last moment before the end of Pesach, he until Pesach arrives, which is included either way, and is not therefore in doubt.

(d) Rebbi Yossi says - that it implies until the end of Pesach, because a person does enter into a Safek (in tending his words to embrace the widest possible meaning).

(a) 'Konem Yayin she'Ani To'em ha'Yom, Eino Asur Ela ad she'Techshach'. Rebbi Yirmiyah bar Aba says that, when nighttime arrives, he needs to have the Neder revoked by a Chacham - because we are afraid that otherwise, he will treat 'Konem ... Yom Echad' in the same way, and drink wine already at nightfall (whereas now, he will go to a Rav first, and the Rav will inform him that 'Yom Echad' is different than 'ha'Yom', and that his Neder has not yet terminated).

(b) When Abaye asked him that, if so, why did the Chachamim also require someone who says 'Yom Echad' to have the Neder revoked by a Chacham at the end of the twenty-four hour period, on account of someone who said 'Hayom' - he replied that this was unnecessary, because everyone knows that 'ha'Yom ends at nightfall (and not in the middle of the day).

(c) A Neder for one day - implies a twenty-four hour period.




(a) A Ta'anis Yachid (a private fast) lasts from dawn until nightfall.

(b) It does not need to be revoked like other Nedarim of 'ha'Yom' - because nobody will confuse it with 'Yom Echad', because its time-period is fixed by Chazal and not by his wording (distinguishing it from regular Nedarim).

(c) The Rashba explains the difference between a Ta'anis Yachid (vis-a-vis 'Yom Echad') and a regular case of 'ha'Yom' - inasmuch as a Ta'anis Yachid, unlike 'ha'Yom' begins from dawn-break, in which case, nobody will confuse 'Yom Echad' with it (like they will 'ha'Yom, which generally begins in the middle of the day).

(d) We reject his explanation however - on the grounds that 'ha'Yom' too, could well be speaking when the Noder declared the Neder just before dawn-break, in which case his Neder will cover the same twelve-hour period as a Ta'anis Yachid.

5) Someone who undertakes to fast for one day - is obligated to fast from dawn-break until nightfall.


(a) Mereimar quoting Ravina's father in the name of Rav Yosef, told Ravina that Rebbi Yirmiyah bar Aba (who requires the Neder of 'ha'Yom to be revoked') conforms with Rebbi Nasan (who considers someone who declares a Neder as if he had constructed a Bamah ... ). What he meant was - that the decree in itself is not sufficient reason to warrant the requirement to have the Neder revoked (since such a mistake is not common), and it is only in conjunction with Rebbi Nasan, (who provides sufficient reason to punish someone who makes Nedarim), that they issued it.

(b) They did not however, want to issue the decree on the basis of Rebbi Nasan alone (otherwise they would have obligated every Noder to have his Neder revoked when the time elapsed). So what they did was - that whenever a reason to decree presented itself, they tool advantage of it and decreed.

(a) We learned in our Mishnah ...
1. ... 'Shabbos Zu, Asur be'Chol ha'Shabbos Kulah ve'ha'Shabbos le'she'Avar'. This is not so obvious - because we might otherwise have interpreted 'Shabbos Zu' to mean the weekdays leading up to Shabbos, but not including Shabbos itself.
2. ... 'Chodesh Zeh, Asur be'Chol ha'Chodesh, ve'Rosh Chodesh le'ha'Ba'. This is not obvious either - because it includes the first day of Rosh Chodesh, which strictly speaking, belongs to the month of his Neder.
(b) The reason for this Halachah is - because people refer to the first day of Rosh Chodesh as Rosh Chodesh (of the new month, even though it belongs to the old one).
(a) We can learn from this latter Din - that the wording of the date on documents follows the same pattern; that one writes Rosh Chodesh Ellul for example, and not the thirtieth of Av.

(b) If, on the second of Ellul, shall we say, someone dates the Sh'tar accordingly - it is Pasul, because it is a 'Sh'tar Mukdam' (a pre-dated Sh'tar), which is Pasul.

(c) The Rashba citing Tosfos says that upon dating a Get that is written on the first day of Rosh Chodesh Mar-Cheshvan - one should date it the thirtieth of Tishri, which is Rosh Chodesh Mar-Cheshvan (le'Chumra).

(a) We ask whether someone who says 'Konem Yayin she'Eini To'em Yom' - has the same Din as someone who says 'ha'Yom' (until nightfall), or as 'Yom Echad' (twenty-four hours).

(b) We refute the proof from the Reisha of our Mishnah 'Konem Yayin ... ha'Yom, Ein Asur Ela ad she'Techshach', from which we can infer that if he had said 'Yom', the prohibition would last for twenty-four hours - from the Seifa 'Amar Yom Echad, Asur mi'Yom le'Yom', from which we can infer the opposite (that if he had said 'Yom', the prohibition would last only until nightfall).

(a) The Beraisa says in the case of 'Konem Yayin she'Ani To'em ha'Shanah, Asur Bah u'be'Iburah'. The Tana must be speaking when the Noder declared the Neder at the beginning of the year - because, had he made the same Neder in Sh'vat, it is obvious that he would have meant until Rosh Hashanah (irrespective of how many Adars passed during that time).

(b) We attempt to reject the literal interpretation of the Beraisa - because, if he said 'ha'Shanah', what would be the Chidush? Why should 'ha'Shanah' be any different than 'ha'Yom'?

(c) What the Tana does mean we suggest, is - that he said, not 'ha'Shanah', but just 'Shanah' (teaching us that 'Shanah' is like 'ha'Shanah' in this regard). And if 'Shanah' is like 'ha'Shanah' - then 'Yom is like 'ha'Yom'!

(d) We finally accept the literal interpretation of the Beraisa. The Chidush then is - that we do not follow the majority of years, when a year means twelve months, but take into account the fact that it is a leap-year, and count thirteen.

11) The final ruling with regard to our unresolved She'eilah is le'Chumra - that 'Yom' is like 'Yom Echad', and the Neder must be kept for twenty-four hours.

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