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When does bal tachel apply to nazirus? The Gemara (גמרא) on Nedarim 3b analyzes whether saying "kshertze" creates immediate nazirus obligations or merely a conditional commitment. Rashi (רש"י) and the Ran offer fundamentally different readings of the Gemara's answer, with major implications for when bal tachel begins.
This shiur presents a detailed analysis of Nedarim 3b, focusing on the sugya of bal tachel (the prohibition against delaying fulfillment of vows) as it applies to nazirus. The central question is: what type of nazirus obligation triggers bal tachel? The Gemara (גמרא) presents a case where someone says "kshertze" (when I want) regarding nazirus. The fundamental question is whether this language means "when I want" (creating a definite obligation whose timing is self-determined) or "if I want" (creating only a conditional commitment). If it means "when I want," there should be bal tachel after three festivals, just as there would be if someone said "I will be a nazir in two years." But the Gemara seems to say there is no bal tachel in this case.
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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.
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