No community start suggestion yet.
Can you make a valid shvua to fulfill a mitzvah (מצוה) you're already obligated to do? The shiur develops the Ran's approach that such a shvua creates a din of "bi'yachol divaro"—an obligation to keep one's word—distinct from the shvua itself. The Rambam (רמב"ם)'s position introduces a third category: the shvua creates zrizus (enthusiastic commitment), and failure to fulfill it constitutes a shvua shav, not shvua sheker.
This shiur delves into the fundamental question of whether one can make a valid shvua (oath) to fulfill a mitzvah (מצוה) that one is already obligated to perform. The Gemara (גמרא)'s difficulty centers on the principle of "mushba v'omed mei'Har Sinai" (already sworn from Mount Sinai)—since every Jew is already bound by oath to fulfill all mitzvos from the moment of Matan Torah (תורה), how can a subsequent personal oath on the same mitzvah take effect? The shiur examines the Ran's approach, which holds that while the shvua is indeed "chal" (takes effect), it operates through the mechanism of "bi'yachol divaro" (honoring one's word). According to the Ran, this creates a real obligation, though not in the classical sense of shvuas bitui (an oath of utterance). The Ran distinguishes between the formal structure of a shvua as an "official statement" and the practical obligation it creates through the requirement to keep one's word. This explains why the Ran uses the language "neder gadol" interchangeably with "shvua"—both create obligations to honor commitments, though through different legal mechanisms.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Nedarim 8a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.