Limud Torah

with Rav Chaim

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Tuesday Nedarim 51

If someone makes a Neder from "the pickled" he refers only to pickled vegetables. If he makes it from "the cooked" or from "the roasted" he refers to meats only. If he says from "the salted" he refers only to fish"

However, if he makes a Neder from "pickled (or cooked or roasted or salted) that I will eat" he refers to any type in that category.

The Ran has two ways of explaining the difference between the first  cases and the last. The first way he learns that since he prefaced the word with "the" he refers to a specific type, the most prevalent. The last case where he doesn't say "the" so he refers to general category which includes all.

Alternatively, the second case he says an extra phrase "that I'll eat" teaches us to add more than we originally assumed. Therefore we include all that's within its category.

Then the Gemara has a Shaila: how about if he says "D'Kavush"etc.

Ran learns the question according to his first explanation: is the inference of a "Daled" in the beginning of a word is the same as a "Hey" (to mean "the" and only mean a specific food) or not.

He then explains according to the second explanation: Is it exact that you need to add an extra phrase "I'll eat" to include all types of food in that category, or does it mean it even if he says the word "Kavush" by itself. (We only say it refers to the most usual case only if he says a "Hey" before it.)

 

Mon Nedarim 50

R ' Akiva offered a Pesach to his father-in-law: would you have made the Neder if your son-in-law would become a budding scholar. His father-in-law replied: I wouldn't have made it if he would learn one Perek or one Halacha.

Ran asks:  we know that we cannot Matir Neder on a factor that was not present at the time he made the Neder. This is known as Nolad. One cannot say if he made a Neder on an ignormas if I knew he would become a scholar I wouldn't have made the neder, since he wasn't a scholar when he made the Neder. Therefore, how could R' Akiva make such a Pesach that's basid on Nolad?

Ran answers : since they already made up that he'll join the Yeshiva to become a scholar.  Therefore it's not Nolad, because by such a person we can assume that he ought to learn at least a Perek or Halacha.

 

Tues Nedarim 44

The Gemara tries to reconcile the beginning and the  end of the braisa. The Raisha seems to say that once Hefker is made, it leaves the owner's possession immediately, like Rabanan. The Seifa, where he made a time limit for when it will be Hefker, implies that he may renege on his Hefker, so it doesn't leave his possession until someone else takes it.

The first answer that it's like the Rabanan, however the Seifa is different, since  it's not common to make such a Hefker.

The Ran explains: since he did something uncommon and did not do the regular type of hefker, forever, we see he's reluctant to mafkir it. Therefore, we assume his  intent is not to release it from his possession until someone takes it. However, most people by regular Hefkir is not reluctant, so they release it from their possessions immediately.

 
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