Limud Torah

with Rav Chaim

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Mon Nedarim 43

Someone  took an oath not to take pleasure from a person, neither can lend to each other, should not borrow from each other and should not buy from each other.

The Gemara asks, I understand why the oath maker can't borrow since he receives pleasure from him. However, why can't he lend?

Abaya's answers that we make a Gezeira that if he lends he'll come to borrow.

The Ran asks: that it seems all over that only the one who makes the oath can't have pleasure from the other person, but the second person may have pleasure from the oath maker, and we don't decree  to forbid him?

The Ran answers: when dealing with regular pleasures, like eating from the second person, we know that it's included in the oath, so there is no reason someone will get mixed up. However, the pleasures listed in the Mishna are not such strong pleasures that one might mistaken that it's not included in the oath. So if the second person will borrow from the oath maker, they'll make a mistake thinking that it's not included, and the oath maker may borrow. Therefore they enacted it in this situation.

 

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Yevamos 47

R' Yehuda told a Ger that claimed he didn't have a proper Geirus, that he's only believed about himself but is not believed about his children

Tosfos explains that he's not actually believed on himself either, because if it's true he's a gentile who is Pasul to be a witness, Therefore, he's only prohibited to marry a Jewess, not because we assume he's a gentile, but because we prohibit anything that a person believes he's prohibited in. However, regarding other people we don't believe him to be a gentile. Therefore if he has relations with a Jewess, we don't prohibit her to a Kohain the same way we would prohibit someone who had relations with a gentile.

Tosfos asks: what difference does it make to the child if the father was a Goy, since the mother was a Jewess, so the child is a regular Jew.

Tosfos answers :  R' Yehuda must hold like the Shita that if a Jewess has relations with a gentile, this would render the child to be a Mamzer. Therefore the father is not believed to make the child a Mamzer.

Rabbi Chaim Smulowitz.

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