A free account is required to play audio and download files.
No community start suggestion yet.
Why can a husband or father be mafir a wife or daughter's neder but not her nazirus? The Gemara (גמרא) states neder is "leis lekitzusa" (no fixed duration) while nazirus has a 30-day requirement. The Rambam (רמב"ם)'s position—unlike the Ran's focus on "tzaar"—is that hafarah uproots her ongoing commitment to abstain, not the chalos issur itself. By neder, the commitment determines duration; by nazirus, the Torah (תורה)-defined chalos does, creating the fundamental distinction.
This advanced Gemara (גמרא) shiur delves into Nedarim 4b, analyzing why hafarah (annulment) applies to nedarim but requires a special hekesh (textual analogy) to extend to nazirus. The Gemara's basic question is: If we learn from the parsha of nedarim that a father can be mafir his daughter's neder and a husband can be mafir his wife's neder, why do we need a separate hekesh to extend this to nazirus? The Gemara answers that neder is "leis lekitzusa" (has no inherent time limit) whereas nazirus is "eis lekitzusa" (has a fixed 30-day duration), and this distinction is critical. Rabbi Zweig presents an extensive analysis of the Ran's approach and its difficulties. The Ran suggests the difference is that neder creates more "tzaar" (distress/deprivation) for the woman because it is unlimited, whereas nazirus, being limited to 30 days, creates less tzaar. The fundamental question on the Ran is: a neder could be for just 10 days (e.g., "grapes are prohibited to me for 10 days"), which would seem to create even less deprivation than a 30-day nazirus. Yet the Torah (תורה) allows hafarah for all nedarim without distinguishing between temporary and permanent ones. How can the Ran's tzaar-based approach account for this?
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 4b
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.