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Shevuos 22

(a) The Torah empowers a person to create a prohibition, or obligation, upon himself through the means of his speech, as the verse states (Bamidbar 30:3), "If a man makes a "Neder" (vow) to Hashem, or swears a "Shevu'ah" (oath) to create a prohibition upon himself, he may not violate his word. As he spoke, he shall do." By pronouncing a Shevu'ah (pl. Shevu'os) one can either prohibit an act that was formerly permitted, or make obligatory an act that was formerly voluntary. By pronouncing a Neder (pl. Nedarim), in contrast, one can only prohibit and not obligate, with the exception of Nidrei Hekdesh (vows to consecrate a sacrifice) which can also obligate a person (to bring the sacrifice he vowed). The description that follows deals exclusively with normal Nedarim ("Nidrei Isur") as opposed to Nidrei Hekdesh. (Regarding Nidrei Hekdesh, see below, entry #5.)
(b) A Neder differs from a Shevu'ah primarily in that when a person expresses a Neder, he must place a prohibition upon an object (e.g. "this loaf of bread is prohibited to me"). In contrast, when he expresses a Shevu'ah, he places a prohibition upon himself (e.g. "I am prohibited to eat this loaf of bread"), as the Gemara says in Nedarim 2b (see Insights to Nedarim 2:3). (It is not clear into which of these two categories *Nezirus* falls, see Insights to Nazir 4:1:(b):2.) There are several important consequences of this primary difference:

1. A Neder, which prohibits an object, can prohibit the object not only to oneself but to others as well, as long as the object belongs to the person who expressed the Neder.
2. A Shevu'ah can prohibit an action that is not related to any tangible object ("Davar she'Ein Bo Mamash") such as sleeping. In contrast, a Neder cannot take effect on an intangible object, because the prohibition must have an object upon which to take effect (Nedarim 16b; the Mishnah and Gemara there suggest many other practical consequences of this difference between Nedarim and Shevu'os.)
(c) A Neder can be made by "connecting" an object that is permitted to another object that is prohibited, such as a Korban. (Some Rishonim refer to this as "a Neder performed through Hatfasah." Some Rishonim maintain that this is an integral part of the expression of a Neder without which the Neder is not binding, see Insights to Nedarim 2:2). The Gemara explains that when making a Neder, one may only connect an object to a "Davar ha'Nadur," i.e. another object which has been prohibited either through a Neder or by becoming Hekdesh (consecrated). If one attempts to make a Neder by connecting an object to a "Davar ha'Asur," the Neder is not binding (Nedarim 14a). "Davar ha'Asur" in this context refers to an object which is not prohibited because of an Isur that a *person* placed upon it, but because of an Isur Torah that applied to it naturally (e.g. meat that was cooked with milk, or a non-Kosher animal). According to some Tana'im, if a Neder is pronounced by connecting an object to an object of Hekdesh, the object of the Neder, too, becomes Hekdesh to the extent that one who benefits from it must bring a Korban Me'ilah (Nedarim 35a, see Background to Yevamos 88:6).
(d) One who violates a Neder transgresses a Mitzvas Aseh (Bamidbar ibid., Devarim 23:24) and a Mitzvas Lo Sa'aseh (Bamidbar ibid.) and is punished with Malkus, 39 lashes (RAMBAM Hilchos Nedarim 1:4-5).
(e) A person can create a Neder or Shevu'ah with a Kinuy, an expression using a corrupted form of a word, such as "Konam" (pl. Konamos) instead of "Korban" or "Shevusa" instead of "Shevuah" (Nedarim 2a).
(f) The Amora'im argue as to whether these expressions are actual words in foreign languages that are loosely based on the Hebrew vocabulary, or whether they are expressions that the Chachamim instituted for the specific purpose of creating Nedarim (Nedarim 10a). In either case, it is preferable to use Kinuyim when making a Neder rather than the proper Hebrew term, so that one should not come to utter the Name of HaSh-m in vain (ibid.); if one uses the proper Hebrew term it is more likely that one will utter the Holy Name along with it by association.

2) [line 6] MEGADEF
The Torah states that a Megadef is punishable with Kares (Bamidbar 15:30). There are two opinions regarding the definition of the Megadef in that verse: (a) a person who curses Hashem; (b) a person who plays music and sings to Avodah Zarah.

3) [line 8] NAZIR
(a) If a person makes a vow to become a Nazir without stipulating a time period, his or her Nezirus lasts for a period of thirty days. If the person stipulates a time period, his or her Nezirus lasts for whatever amount of time he stipulated. During this period, the Nazir is not allowed to 1. cut his hair; 2. become Tamei by touching or being in the same room as a corpse; or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER HA'CHINUCH #377). Transgressing any one of these prohibitions makes the Nazir liable to Malkus, as long as he was warned beforehand.
(b) If an ordinary Nazir becomes Tamei through contact with or being in the same room as a corpse, on the third and seventh days he must be sprinkled with water that has the ashes of the Parah Adumah in it (see Background to Sanhedrin 77:34) to become Tahor. On the seventh day of his purification he shaves off the hair of his head. On the eighth day, he brings the sacrifices of a Nazir who becomes Tamei and begins counting anew the days of Nezirus that he accepted upon himself. The sacrifices he brings are two Torim (turtledoves) or two Benei Yonah (young common doves), one as a Chatas and one as an Olah. He must also bring a yearling sheep as an Asham. (These Korbanos and this shaving are in addition to the Korbanos and shaving that he, and every Nazir, brings upon the completion of his Nezirus.)
(c) When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the cauldron in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18).

4) [line 9] L'ISHTARUYEI LEI CHAMRA, HU D'KA MAISI - the reason that he brings [his Korbanos] is in order to be permitted [to drink] wine

5) [line 10] HEKDESH
(a) A person may offer a Korban in the Beis ha'Mikdash as a voluntary sacrifice, as it states in Vayikra 1:2. Voluntary Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).
(b) When a person states, "I pledge an Olah" ("Harei *Alai* Olah"), without singling out a specific animal, his pledge is called a Neder. When he sets aside an animal with which to fulfill his pledge, and the animal gets lost or dies, he must bring another in its place. If he states, "*This* animal is an Olah" ("Harei *Zo* Olah"), his pledge is called a Nedavah. If the animal gets lost or dies, he has no obligation to bring another in its place.
(c) Objects that belong to the Beis ha'Mikdash are called "Hekdesh." An object with Kedushas ha'Guf is an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash (RAMBAM Hilchos Me'ilah 6:5) or a live Korban that is used in the Beis ha'Mikdash "as is." An animal that has Kedushas ha'Guf cannot be redeemed without a Mum.
(d) An object with Kedushas Damim is an object the *value* of which is consecrated to Hekdesh; e.g. an animal that a person consecrated to be sold in order to buy another animal as a Korban with its value.
(e) An object with Kedushas Bedek ha'Bayis is an object the *value* of which is consecrated to Hekdesh so that it should be used for filling the day-to-day needs of the Beis ha'Mikdash, and not to be used for Korbanos.

6) [line 12] EIN ME'ILAH B'KONAMOS
(a) It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha... u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he is liable to Malkus (according to the Rabanan; according to Rebbi he is liable to Misah b'Yedei Shamayim) and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
(d) There is a Machlokes Tana'im as to whether a person who makes a vow not to eat a certain food and later eats from that food transgresses the prohibition of Me'ilah or not. Those who rule that one does transgress the prohibition reason that the Neder was made by declaring that a certain object should be prohibited "like a Korban" (or like any object that is Kadosh). As such, violating the Neder constitutes Me'ilah ("Yesh Me'ilah b'Konamos"). Those who hold "Ein Me'ilah b'Konamos" rule that a Konam is not different from other Nedarim, and a person does not transgress the prohibition of Me'ilah if he violates his Konam (see Insights to Nedarim 2:2:a).

7) [line 35] KIKAR - a loaf [of bread]

(a) If a person consecrates (is "Makdish") an object to the Beis ha'Mikdash and that object is of no benefit to the Mikdash "as is," the object may be sold by the appointees of Hekdesh (Gizbarim), who determine its selling price based on the estimate of a group of experts. When a person buys the object from Hekdesh, the object loses its Kedushah and its value becomes Kodesh in its stead. This is called "Pidyon Hekdesh," redeeming from Hekdesh.
(b) If the object that is consecrated to Hekdesh is an object that can acquire intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is," it becomes Kadosh with Kedushas ha'Guf (see above, entry #5). An animal that has Kedushas ha'Guf cannot be redeemed without a Mum (blemish).


9) [line 18] CHARTZAN - a grape seed
10) [line 19] LO V'EINEI ACHLEI LEI INSHEI - people do not eat it by itself

11a) [line 27] NEVEILOS (NEVEILAH)
A Neveilah is a carcass of a Kosher animal that died without a Halachic slaughtering (or that was slaughtered improperly). The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim." (Devarim 14:21). A person who eats a k'Zayis of Neveilah is liable to Malkus (RAMBAM Hilchos Ma'achalos Asuros 4:1) and a k'Zayis or more of a Neveilah makes a person or an object Tamei through Maga (contact). It is Metamei a Keli Cheres (an earthenware utensil) if it enters the utensil's interior and is Metamei a person with Tum'as Masa (by carrying it) to cause him, in turn, to be Metamei the clothes that he is wearing (RAMBAM Hilchos She'ar Avos ha'Tum'ah 1:1).

b) [line 27] TEREIFOS
A Tereifah is a Kosher animal that has acquired or was born with a fatal defect that will result in its death within a year (Chulin 57b). (There are some who maintain that a Tereifah can live for more than a year -- see Chulin 42a-b.) The Torah states, "And do not eat meat that is torn in the fields (Tereifah); you shall throw it to the dogs" (Shemos 22:30). The verse refers to an animal that was attacked, but not killed, by a carnivorous animal or a bird of prey. (If the animal was killed, the meat is Neveilah -- see previous entry.) A person who eats a k'Zayis of the Tereifah meat (even if the animal is slaughtered properly), is liable to Malkus (RAMBAM Hilchos Ma'achalos Asuros 4:6, SEFER HA'CHINUCH Mitzvah #73).

(a) Sheratzim or Shekatzim are general terms that can include many different types of creatures that the Torah prohibits to eat. The verses mention Sheratzim of the water (Vayikra 11:10-12), flying Sheratzim (ibid. 11:13, 20, 23, Devarim 14:19) and Sheratzim of the land (ibid. 11:41-44).
(b) If a person eats a k'Zayis of Sheratzim, he is liable to Malkus (SEFER HA'CHINUCH Mitzvos #162-165). In addition, eight Sheratzim are singled out by the verses (ibid. 11:29-30, see Chagigah 11a and Background to Shabbos 107:5), in which a smaller amount (an Adashah, the size of a lentil bean) of the dead Sheretz is prohibited. Furthermore, an Adashah of these Sheratzim is an Av ha'Tum'ah. It makes a person or object Tamei through Maga (contact), whether the Sheretz was touched willingly or unwillingly (see Background to Shevuos 14:17a).

13) [line 28] V'HAVINAN BAH - and we ask about it
14) [line 29] MUSHBA V'OMED ME'HAR SINAI HU?! - a person is considered bound by the Mitzvos as if he took an oath to keep them (and therefore a Shevu'ah should not be able to be activated upon them)

(a) A second Isur Torah cannot prohibit an object that is already prohibited by one Isur Torah ("Ein Isur Chal Al Isur"). However, there are a number of possible exceptions to this principle (when we rule Isur Chal Al Isur) that are debated by the Tana'im (Chulin 101a):

1. Isur b'Vas Achas - Two Isurim may take effect at the same instant to prohibit the same object.
2. Isur Kollel - The second Isur may take effect if it includes objects that the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of Neveilos, but Kosher foods as well). Our Sugya discusses a case where a person makes a Shevu'ah that prohibits him from eating all foods, which includes prohibited foods as well as permitted foods. As such, according to the Rabanan, according to Rav, Shmuel and Rebbi Yochanan, his Shevu'ah can take effect upon prohibited foods even though he is Mushba v'Pomed mi'Har Sinai.
3. Isur Mosif - The second Isur may take effect if it adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just prohibited to be eaten.
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Benei Yakov when they were still permitted to eat non-Kosher animals).
(b) According to Rebbi Shimon, an object that is already prohibited can *never* become prohibited by another Isur, even if the second Isur is Kolel, Mosif or Chamur.

16) [line 40] V'ARYA HU DI'REVI'A ILAVAH - (lit. however a lion is crouched before it) that is, Neveilah meat is edible, (however, the Torah prohibits it), as opposed to dirt, which is inedible

17a) [line 43] CHITIN - wheat
b) [line 43] SE'ORIN - barley
c) [line 43] KUSMIN - spelt

18) [line 49] "KONEM ISHTI NEHENIS LI" - should be prohibited "like a Korban" (or like any object that is Kadosh)

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