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Does a hochacha (contextual proof of intent) suffice for vows and divorce, or must critical language be explicitly stated? The shiur explores the fundamental dispute between Rav Yehuda and the Rabbanan over whether yedayim she'ein mochichas (non-explicit indicators) create valid halachic chalos, distinguishing between core chalos requirements and side issues across Nedarim, Gittin, and Kiddushin.
The shiur analyzes a complex Gemara (גמרא) in Nedarim 5b examining the principle of yedayim she'ein mochichas—whether indirect or contextual indicators suffice to establish halachic validity in vows, divorce, and betrothal. The central question revolves around Rava's position that everyone agrees yedayim she'ein mochichas lo havin yedayim (non-explicit indicators are not considered valid indicators), yet the Gemara learns the Mishna only according to Rav Yehuda, not according to everyone. This creates an apparent contradiction. Rabbi Zweig develops a foundational yesod to resolve the Rambam (רמב"ם)'s seemingly contradictory rulings across different areas of halacha (הלכה). In Hilchos Ishus (marriage laws), the Rambam rules that language must be mashma (clearly indicative); in Hilchos Gerushin (divorce laws), he rules that language with two possible meanings is only pasul mid'Rabbanan (rabbinically invalid); in Hilchos Nazir, even a 40-60 probability appears sufficient; and in Hilchos Nedarim, fifty-fifty language is invalid.
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Nedarim 5b
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