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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 78


(a) 'Amar Rebbi Yochanan, Chacham sha'Amar be'Lashon Ba'al ... Lo Amar K'lum'.
What is the Lashon of ...
  1. ... a Chacham?
  2. ... a husband?
(b) The Lashon of Hafarah is written specifically in the Torah.
How do we learn the Lashon of Hatarah by a Chacham from the Pasuk "Lo Yachel Devaro"?

(c) The Yerushalmi incorporates 'Ein Ka'an Neder' and 'Ein Ka'an Shevu'ah' in the Lashon of the Chacham.
How does that help us to define the basis of the difference between a Chacham's Hatarah and a husband's Hafarah?

(d) What do we learn from the Pasuk "Zeh ha'Davar"?

(a) With regard to Hataras Nedarim, what do we learn from the 'Gezeirah-Shavah' "Zeh ha'Davar", "Zeh ha'Davar" from Shechutei Chutz (where the Torah writes "Aharon u'Vanav *ve'Chol Yisrael*")?

(b) How does Rav Chisda (or Rebbi Yochanan) reconcile this D'rashah with the Pasuk, which requires "Roshei ha'Matos"?

(c) Does this mean that any three people can annul Nedarim (like ve'Chol Yisrael' mentioned in the Parshah of Shechutei Chutz)?

(d) Then how will we justify this (unequal) 'Gezeirah-Shavah'?

(a) How do we know that three Hedyotos are required for Hataras Nedarim, and not two?

(b) What is 'Shechutei Chutz'?

(c) What are the ramifications of the D'rashah 'u'Mah Ka'an Roshei ha'Matos, Af Lehalan Roshei ha'Matos'? In which regard do Shechutei Chutz require Roshei ha'Matos?

(a) Why do we conclude that Beis Shamai do not hold of the previous 'Gezeirah-Shavah'?

(b) What do Beis Shamai then learn from "Zeh ha'Davar" by ...

  1. ... Shechutei Chutz?
  2. ... Hataras Nedarim?
(c) We learned earlier that Beis Hillel agree with this latter D'rashah? How can they then use the same words for a 'Gezeirah-Shavah'?

(d) What do Beis Hillel learn from "Asher Yishchat" written by Shechutei Chutz?

(a) What problem did Rav Asi bar Nasan have with the Beraisa, which, (discussing the Pasuk "Vayedaber Moshe es Mo'adei Hashem El B'nei Yisrael") states 'Rebbi Yossi ha'Gelili Omer, Mo'adei Ne'emrah, ve'Lo Ne'emrah Shabbos Bereishis Imahen; ben Azai Omer, Mo'adei Ne'emrah ve'Lo Ne'emrah Parshas Nedarim Imahen'?

(b) What did Rav Asi bar Nasan do when he failed to find Rav Sheishes in Neherda'a?

(c) How did Rav Sheishes eventually interpret ...

  1. ... 'Mo'adei Ne'emrah, ve'Lo Ne'emrah Shabbos Bereishis Imahen'?
  2. ... 'Mo'adei Ne'emrah ve'Lo Ne'emrah Parshas Nedarim Imahen'?
(d) How does Rav Chisda (or Rebbi Yochanan) reconcile this latter D'rashah with the Pasuk "Roshei ha'Matos"?
Answers to questions



(a) From where do we learn that the fixing of the Mo'ados requires Mumchin?

(b) Based on this D'rashah, what sort of Yachid Mumcheh ought to be required by Hataras Nedarim?

(c) What does the Rambam nevertheless say?

(d) How will we explain the Kashya 've'Ha Roshei ha'Matos K'siv', according to ...

  1. ... the initial interpretation of a Yachid Mumcheh?
  2. ... the Rambam's interpretation?
(a) According to the Rambam, what would the Torah have written had it been referring to Semuchin?

(b) We now know from "Roshei ha'Matos" that Hataras Nedarim requires experts (though not necessarily Semuchin).
What problem would we now have, if the word "Eileh" (written by Kidush Mo'ados) would come to preclude Shabbos from Kidush Beis-Din (and not pertain to Hataras Nedarim)?

(c) How do we know that the Torah writes "Eileh" to preclude Nedarim from the Din of Mumchin?

(d) What do we now learn from the combination of the two D'rashos ("Roshei ha'Matos" and "Eileh")?

(a) If Mumcheh means an expert who is not a Samuch, then why did Rebbi Zeira (in the Yerushalmi) maintain that Rav Huna was not eligible to annul Nedarim on his own?

(b) What can we extrapolate from that Yerushalmi?

(c) What stringency do others extrapolate from it?

(a) What does Rebbi Chanina say about a husband who hears his wife declare a Neder, and remains silent, but 'Lemeikat' (in order to tease her, and not because he intends to uphold the Neder)?

(b) On what grounds do we ask on Rebbi Chanina from the Beraisa that we learned above ' ... Aval Shama ... ve'Shasak, u'Meis be'Yom shel Acharav, Ein Yachol Lehafer'? What makes us think that the Tana is speaking about Shosek al-Menas Lemeikat?

(a) We answer 'Lo, be'Shosek al-Menas Lekayem'.
What do we mean by that?

(b) On what grounds do we reject this answer?

(c) So what *does* 'Shama ve'Shasak' finally mean?

Answers to questions

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