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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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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.
