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What is the underlying nature of nedarim—keeping one's word or paying a debt? The shiur analyzes a fundamental dispute between the Rambam (רמב"ם) and Ramban (רמב"ן) regarding whether nidrei hekdesh and nidrei issur are one mitzvah (מצוה) or two, focusing on their different understandings of the obligation. The Ramban views nidrei hekdesh as creating a monetary debt (shibud nechasim), while the Rambam sees all nedarim as commitments to keep one's word, with profound implications for bal yachel and bal te'acher.
This shiur presents a deep analysis of the nature of nedarim (vows), focusing on a fundamental machlokes between the Rambam (רמב"ם) and the Ramban (רמב"ן) regarding whether nidrei hekdesh (vows of consecration) and nidrei issur (vows of prohibition) constitute one mitzvah (מצוה) or two distinct mitzvos in the taryag mitzvos. The discussion begins with an examination of the Gemara (גמרא)'s concept of "kol sha'ah vesha'ah dilma mayis" (perhaps he will die at any moment) and its relationship to the timeframe of bal te'acher (the prohibition against delaying fulfillment of a vow). The shiur opens with a discussion of the Ran's approach to nezirus, where a person can be mechabel (accept upon himself) nezirus and immediately be obligated, yet not yet be a nazir. This creates a state where one is chayav nezirus but it is bal te'acher de'nezirus, not bal te'acher de'neder. The Rosh, by contrast, holds that bal te'acher only begins after three regalim (festivals) have passed. This raises the fundamental question: if bal te'acher is always after three regalim according to the Rosh, why does the Gemara need the entire discussion of "dilma mayis kol sha'ah vesha'ah"?
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Nedarim 3b
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Why does the Gemara present a kal v'chomer for chuppah making kiddushin based on kesef not being maichel b'terumah, only to reject it? The shiur reveals that even the rejected kal v'chomer establishes a fundamental yesod: kiddushin is a kinyan for ishus (marital relationship), not merely a kinyan in hilchos kinyanim. The second kal v'chomer—from chuppah being gomeres—raises Tosafos's famous question.
Is the kesef used in kiddushin a true kinyan (acquisition), or merely a symbolic means of establishing marriage? The shiur analyzes multiple interpretations of the Gemara's derivation from ki yikach ki'ach mi'Sayeffron, exploring whether marriage constitutes ownership, and develops three fundamental approaches: (1) The Gemara proves ishus is a kinyan, (2) ishus is not a kinyan but uses kinyan-like means, or (3) ishus is a kinyan but the kesef may not be a ma'aseh kinyan. The Rambam's position—calling kesef "midivrei sofrim"—is explained as distinguishing between cross-referencing concepts versus borrowing terminology.
Why does the Mishna alternate between the language of "kinyan" (acquisition) and "kiddushin" (sanctification) when describing marriage? The shiur develops a fundamental distinction: marriage has two separate aspects—a kinyan dimension (ownership) and a kedusha dimension (sanctified relationship). Either aspect can initiate the bond, and understanding this dual nature resolves multiple textual and halachic questions throughout the sugya.
Does kiddushei shetar require a shevah pruta? The Ran presents two approaches to the Rif's position. The shiur develops the Ran's second pshat that shetar kiddushin functions as a hachnah (exchange) rather than a mere kinyan nesina. This reading has profound implications for isuri hana'ah, mechubar, and the relationship between kesef and shetar.
