A free account is required to play audio and download files.
No community start suggestion yet.
When a kohen performs the Temple service, is he acting as the owner's agent (shlucho didan) or as God's agent (shlucho d'rachmana)? The Gemara (גמרא)'s discussion on Nedarim 35 raises a fundamental question: if kohanim work on the owner's behalf, how can one forbidden from benefit use their service? The shiur explores multiple Rishonim approaches—the Ran, Tosafot, and Rashba—distinguishing between types of service, levels of agency, and what constitutes "working for someone" versus mere benefit.
This shiur analyzes a fundamental sugya in Nedarim 35 concerning whether kohanim performing Temple service act as agents of the owner (shlucho didan) or agents of God (shlucho d'rachmana). The question becomes critical when a kohen is forbidden by vow (mudar) from deriving benefit from a specific individual (the madir) yet must perform service for that person's korban. The Rashba cites Tosafot's question: the Gemara (גמרא) in Kiddushin already established that kohanim work as shlucho d'rachmana based on the principle of "mi she'ein yachol la'asot—what one cannot do himself, he cannot appoint an agent to do." Since a non-kohen (zar) cannot perform the Temple service, the kohen cannot be his agent. Yet the Gemara in Nedarim raises the question anew. The Rashba distinguishes: Kiddushin discusses the service from kabbalas hadam (receiving the blood) onward, which is inherently priestly service (mitzvas kehuna). Nedarim, however, discusses shechitah, which can be performed by a non-kohen. Therefore, by shechitah, there remains a possibility of shlucho didan—the kohen might be acting as the owner's agent because the owner himself could accomplish what shechitah accomplishes.
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 35a
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.