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When are you over bal tachar versus bal yachel for violating a neder? The shiur analyzes the machlokes Ran/Rosh on when bal tachar applies, whether neder violations create both issurim simultaneously, and why nazir who becomes tamei receives malkus—developing a fundamental chakira whether bal tachar means delaying payment to hekdesh or delaying fulfillment of the neder itself.
This shiur presents a detailed analysis of Nedarim 3b-4a, focusing on the fundamental nature of bal tachar (the prohibition against delaying fulfillment of vows) and bal yachel (the prohibition against violating one's word). The Gemara (גמרא) discusses when someone who says "lo yafte mino olam atcha hei nazir" violates bal tachar, with a major machlokes between the Ran and Rosh: the Ran holds you're chayav bal tachar miyad (immediately), while the Rosh says after shalosh regalim (three festivals). Rabbi Zweig raises several fundamental questions: How can there be bal tachar shalosh regalim when the Gemara implies there's a chiyuv to fulfill it now? Why doesn't the Gemara simply discuss bal yachel the nazirus—where someone promises to accept nazirus within a specific time and fails to do so? If someone says he'll be a nazir in six months and doesn't fulfill it, that should be a straightforward case of both bal yachel and bal tachar.
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Nedarim 3b-4a
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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.
