No community start suggestion yet.
How can one violate bal ta'achar (delaying a vow) in nazirus when saying "harei'ni nazir" makes you a nazir immediately? The shiur develops a fundamental distinction between two types of neder-commitments: the Rambam (רמב"ם)'s approach that a neder is a commitment to act (harei alai), requiring subsequent behavior to activate kedusha, versus the Ran and Ra'avad who require an actual chalos (kedusha taking effect) at some point to validate the neder.
This shiur addresses a fundamental problem in understanding how the prohibition of bal ta'achar (delaying fulfillment of a vow) applies to nazirus. The Gemara (גמרא) in Nedarim discusses the case of someone who says "lo yefter min ha'olam achei hei nazir" (I will not die until I am a nazir), and concludes that if he delays becoming a nazir, he violates bal ta'achar. However, this creates a seeming contradiction: when someone says "harei'ni nazir," he becomes a nazir immediately, and there can be no bal ta'achar because there is no delay. The Gemara itself states that once someone says harei'ni nazir, "kam lei b'bal ya'achol" - if he violates the prohibition by drinking wine, he has transgressed a lav. How then can there be bal ta'achar? The Rishonim struggle to explain this apparent contradiction. The Ran suggests that when someone says "lo yefter min ha'olam," he means to accept nazirus in such a way that there will be no concern that he might violate bal ta'achar. However, Rabbi Zweig demonstrates that the Ran's position is internally contradictory. The Ran seems to suggest that this creates an immediate obligation to accept nazirus, yet also states that someone who simply says "harei alai" becomes a nazir immediately. The question becomes: what is the difference between these formulations?
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 2a
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.
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.
