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What is the fundamental mechanism of a neder? The shiur develops the Rambam (רמב"ם)'s view (built on Rashi (רש"י)) that nedarim are personal commitments the Torah (תורה) concretizes—like neder hegdish (harei alai)—versus the Ramban (רמב"ן)'s position that neder issur creates a chalos on the object itself. The Ran offers a third approach, and the practical nafka mina touches on who violates which issur.
This shiur offers a comprehensive analysis of the fundamental disagreement between the Rambam (רמב"ם) and the Ramban (רמב"ן) regarding the nature of nedarim (vows), drawing on the opening sections of Masechta Nedarim and the commentaries of the Ran and the Radvaz. The shiur begins by examining the Rambam in Sefer HaMitzvos (Mitzvah (מצוה) 94), where he combines neder hegdish (vows of consecration) and neder issur (prohibition vows) into a single mitzvah, citing the pasuk from Parshas Kisai. The Ramban strongly objects, arguing these are two entirely separate parshiyos with different halachic structures. The Ramban notes that neder hegdish involves bal ta'achor (the prohibition of delay), while neder issur involves bal ya'achel (the prohibition of violating one's word). Furthermore, the language and mechanisms differ fundamentally.
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Nedarim 2a
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