Daf A Week
Nedarim 9A: R' Ari Federgrun
We are in Adarim, Daftess Amad Alif, we are beginning the next Mishnah, this is the next Mishnah of the forest parak of the first chapter. And this Mishnah essentially deals with this Daftess and a little bit of Daftyud, the next Daft as well. It's cause of a fascinating idea about whether or not Naderim, we're discussing the whole Musakta, the whole tractate is about Naderim taking on oaths. Is this something which Sherim, good people, is this something that good people do, is it a positive thing to take on oath, or is it something which is really just for the Rashaim, that wicked people, they take on these oaths when they really shouldn't. So this will be a fascinating discussion. So says the Mishnah, let's say a person says, "Kinidre Rashaim, a person that says that they have a piece of food in front of them and they say that, 'I want this to be like the Nader, the oath of Rashaim of those who are wicked.' Meaning we know that the wicked people, they take on oaths, so then it should be work as an oath. So they can write it as Nader, a binazir, a bukharban, a bushua. So then that would work whether or not, if you say this language when it comes to a Nader for an oath, or to take on zeroes, to become another, also fast any question, is it a positive thing or a negative thing, to become a nazir? This is also something which we will be discussing, probably in the next recording. So for the Rashaim, for those who are wicked, that's something that they do. So if you use a language of kinidre Rashaim, that this should be like the Nader of those who are wicked, it works. And also for a karban, to bring a sacrifice, and for a shvua to take on an oath of a shivua. Now it's clear here that the way this is working is through the principle of yodos that we've been discussing until now, ready from the first Mishnah, yodos is the idea that you could say something in shorthand, and we have the ability to explain, to finish the sentence. So here too, a person, all they say is that this should be like the Nader, like the oath of a Russia, and let's say a nazir is passing in front of them, so then they should become a nazir, or if food is in front of them, the food becomes prohibited. If there's an animal in front of them in terms of designating the animal as a karban, also, so in all these cases, this is working through the principle of yodos. The Mishnah continues and says kinidre, kshirim, lomeric, lomeric, however, if a person uses a language not of that this should be like the oath of a Russia, of a wicked person, but the oath of a kashir, somebody who is a kashir, who is just and right, so then that doesn't work. It's not viewed as a nadir as an oath because such people do not take oaths, it's not a positive thing, however, conclude the Mishnah, kinidvosum, nadir binazir, kurban, however, if they don't use a language of nadir, rather, they use a language of nidava, now nidava and nadir have various differences, but some of the commenters point out that the classic differences between nadir and nidava is that a nadir is that I am taking an oath upon myself, and then nadava is that I am saying that I want this animal, this animal should now become, let's say, hectic, should be holy and designated for the base of meddas, for the temple, so the distinction is, is it my responsibility on me, that's a nadir, so that's something which the kshirim do not do, somebody who's kashir doesn't do, but a wicked person does do. When it comes to nadava, nadava is on the animal, that on the animal, that I am designating this animal, let's say, for, to be used as in the base of meddas, in the temple, so that's on the animal, I've already designated this as this animal for it, so that's something which we'll see in the gamara, that maybe that is something which is more positive, and therefore, a person who uses such a language, even for a kushir, that it should be like the nadava, of a kushir, so then that would work, now, some of the commentators do point out that maybe we're really referring to a different difference here, and that what we're talking about here is that an nadava is really much more sincere, it's a much more sincere type of a language, that you really, you want to do this, you understand the repercussions, so then maybe that would work for a kushir, and therefore the language for a kushir would also work, and nadir is just an oath, without that high level of sincerity, so that's something which the kshim do, those were wicked, they do that, and they, they don't do the higher level of, the kushir does the higher level of the nadava, of really, really sincere. Okay, so it says the gamara, we'll see a little bit of the gamara, right now and then in the next recording, we will complete daf tesam vase, vedil mahalikammar, kinidirishram lona durna, when a person says, this should be like the oath of a Russia, how do we know that they're saying that, this should be like the oath of a Russia, of somebody wicked, and it should be an oath, maybe the person's saying, I don't want to take an oath of Russia, well they're not really saying anything, they just say these two words of kinidiririshayim, it should be like the oath of a, of a wicked person, maybe the person's really saying, I am not taking the oath of a wicked person, how do we know that it's, that they are taking the oath of a wicked person? So it says the gamara, amrisham lona mair, kinidirishayim, rishayim, hareini, allai, vehmeinu, vehmeinu. So our person says, this should be like the oath of, of a Russia, of a wicked person, and then you, you're saying hareini, so should it be, or it should be on me, or haeminu, you're putting it on something which is in front of you, on the food that's in front of you, the animal that's in front of you, the nozer that's in front of you, so you're specifying, you're saying, this should be, so you're not saying, you're clearly not saying that I don't want to take the oath, is that I want the oath to be going on this object that is in front of me. So let's explain that hareini is referring to a nozer, it's referring to the nozer that's in front of me, allai is referring to the peace of the, the food that's in front of me, and then haeminu is referring to the corbon, referring to the corbon, says the gamara, hareini, vehmeinu, so allai, bekorbon, hareini, vehmeinu, so allai, bekorbon, hareini, vehmeinu, there's allai, bekorbon, haeminu, bekorbon, when I use the language of hareini, that's referring to the nozer that's in front of me, allai, haeminu, is the animal that's in front of me, and haeminu is referring to the shvua, so asks the gamara, on some of these cases, the gmara says, hareini, niziras, dulma, hareini, but tai nizkomer, when I say hareini, it should be on to me, like the oath of a wicked person, how do I know that it's referring to niziras that's referring to becoming a nozer, maybe what I want to have on to me is to take upon myself a fast, which is something only the rishayim, those who are wicked do, fascinating gmara, we'll see this also later on, but taking on a fast is not really viewed as something which is positive, we see from our gamara here, it's not something which is a positive approach, we don't believe that you should just refrain totally from this world, so maybe when a person says hareini, it's not referring to a nozer, but it's referring to taking on a fast, so amrishmok, shya, nozer, over the fun of, now as we mentioned before, the cases where the nozer is passing by, nozer is passing by, and you're saying, I want this to be like the oath of a wicked person, so therefore I become a nozer as well, haemina bishvua, dulmah haemina dakhila karmar, when a person takes a shvua, so we say that it's a shvua an oath not to eat something, how do we know it's not to eat something, maybe it's specifically to eat something, so amraba, the amr haemina shilohokal, raba says this because you say explicitly that you don't want to eat, you're taking on this oath of a rasha, not to eat, so the kwar says yahi ma'ala memora, if that's the case then that's obvious, I'm saying I should take on the oath of a rasha, wicked person, not to eat, that's the language that's obvious, so my answer is my other team, halemapik shvua mimpume, kwama shvua mimpummei, kwama shvua mimpummei, kwama shvua mimpummei, kwama shvua mimpummei, kwama shvua mimhudin, so the way it says, well in the end of the day you're not using a language of a shvua of an oath, so therefore even though you say shalohokal, not to eat, but that's not the exact language of a shvua of an oath, so therefore when you use the language of nidre rashaim that you're taking on, not to eat, like those who are wicked, so then that would be sufficient language, and therefore the oath would kick in, so the oath would kick in, so again, and we have these various cases, the important point here is that these are called nidre rashaim, this is the oath of not, the cherim, not of people who are a kushair, but specifically those who are wicked, they're the ones who take the oaths to refrain from eating, to become a nazir, to bring something as a coriban, that's something which is really something which the rashaim do and not which the cherim do, okay, in the next recording, in the next class we'll discuss the rest of daftes, which really focuses on nidava, the members we've seen nid there, and nidava, and whether nidava is a good thing or not, and we'll see that kumara in the next class.