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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 6

NEDARIM 6 (Tamuz 22) - dedicated by Zvi and Tamara Sand of Har Nof, Yerushalayim, for the Yahrzeit of Tamara's father, Shlomo Zevulun ben Yakov Tzvi Ben-David.


(a) To conform with Abaye, who learns Yadayim she'Ein Mochichos, Havyan Yadayim', we initially explain that the Beraisa 'Harei Zeh Alai Asur, Mipnei she'Hu Yad le'Korban' adds the word 'Alai', because, without it, it would imply Hefker or Tzedakah.
On what grounds do we reject this answer (from the Lashon of the Beraisa itself)?

(b) So how will Abaye explain the Beraisa? Why *does* the Tana add the word 'Alai'?

(c) What is the reason for this stringency?

(a) What distinction does the Tana of the Beraisa make between 'Harei Zu Chatas, Harei Zu Asham' and 'Harei Zu Chatasi, Harei Zu Ashami', assuming that the Noder is Chayav a Chatas or an Asham?

(b) What will be the Din, if he is not Chayav?

(c) How does Abaye establish the Beraisa, which invalidates the Neder because he did not say 'Chatasi' or 'Ashami', despite the fact that he is Chayav a Korban (because 'Yadayim she'Ein Mochichos, Lo Havyan Yadayim')?

(d) But did Abaye not learn on the previous Amud that Rebbi Yehudah's Din is confined to Get?

3) Does this mean that Rava too, retracted, and that he holds entirely like Rebbi Yehudah (as we suggested there)?

Answers to questions



(a) Rav Papa asks whether there is a Yad by Kidushin or not.
Is the She'eilah confined to a Yad she'Eino Mochi'ach or does it even extend to a Yad Mochi'ach?

(b) Why might Kidushin be different than Nedarim in this regard? Why should we not learn Kidushin from Nedarim with a 'Mah Matzinu'?

(c) Why can the case of Yad le'Kidushin not be when a man gives two P'rutos to one of two women and says to her 'Harei At Mekudeshes Li ... ve'At Nami'?
Can a woman be a Sh'li'ach on behalf of her friend under such circumstances?

(d) Then what is the case?

5) Why does Rav Papa ask whether Yad le'Kidushin, when regarding Gitin, everyone agrees that Yesh Yad le'Get (which is clear from the Sugya above 5b. where the Tana'im and Amora'im argue about Yad she'Eino Mochi'ach, but seem to agree by a Yad Mochi'ach)?


(a) If, in the previous case, he said 've'At', does it really imply 've'At Chaza'i' (and you are also in the running to become my wife)?

(b) What would be the Din if the man gave a Perutah to each woman, and then, after saying to the first one 'Harei At ... ', he said to the second woman, 've'At'?

(c) How can Rav Papa ask about Yad le'Kidushin, when in Kidushin, he asks Abaye how Shmuel can appear to say there 'Yadayim she'Ein Mochichos Havyan Yadayim', but not how he can permit Yadayim by Kidushin in the first place?

(a) Rav Papa asks Abaye whether there is a Yad by Pei'ah.
Why might we hold 'Yad le'Pei'ah', even if we hold 'Ein Yad le'Kidushin'?

(b) What is the case of Yad le'Pei'ah?

(c) Would there be a She'eilah if the first row that he declared did not contain a Shiur Pei'ah?

(d) What can we then extrapolate from the She'eilah? How do we learn it from the Pasuk in Kedoshim "Pe'as Sadcha"?

(a) The source of our She'eilah lies in the Pasuk in Re'ei "Ki Darosh Yidreshenu *me'Imach*".
What do we learn from there?

(b) What is now the She'eilah? Why might we not apply the principle 'Ein Hekesh le'Mechtzah'?

Answers to questions

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