POINT BY POINT SUMMARY
Prepared by R. Yakov Blinder
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Moed Katan 16
MOED KATAN 16 - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of
his parents, Pinchas ben Reb Avraham Yitzchak, and Leah bas Michal
[NOTE: AT THIS POINT THE GEMARA DIGRESSES INTO A 3-PAGE TANGENT ABOUT
1) PROCEDURE FOR SUMMONING TO COURT (WHICH, IF IGNORED, LEADS TO NIDUY)
(a) 1-6 are derived from the case of Moshe vs. Korach (except
where indicated): 7 and on are derived from various other
2) EARLY ANNULMENT OF NIDUY
1. A summons must be sent to the defendant by the court
(not by the claimant - Ritva)
(b) How to initiate a Niduy
2. Mention is made (where applicable) of the fact that
the case is to be tried before a great judge.
3. The identity of the challenging litigant is given.
4. A specific time is set for the trial.
5. If he ignores the first summons a second chance is
given. (Derived from Yirmiyahu.)
6. If the court's messenger is treated disrespectfully he
may report it, and it is not considered to be Lashon
7. If the summons is ignored again (Ritva) the offender
is put into Niduy.
8. The identity of the rabbi who issues the Niduy must be
9. A Cherem (a type of curse, worse than a Niduy) may
also be issued against the offender if necessary.
10. The court can (if they so desire - Ritva) put into
Cherem anyone who associates with a Menudeh.
11. The Menudeh's offense is made known to the public.
12. In addition to Niduy the following steps may be taken
to enforce obedience to the court: Confiscation of
property, physical coercion, cursing, imposing
oaths, incarceration, Hardafah (= many Niduyim, one
after the other, as below 1:b:1).
1. R. Yehudah... in name of Rav: Niduy may be declared
immediately, without prior notification. (This is
part of the Hardafah mentioned above). [Further
information: Thirty days after the first Niduy it
can be renewed. Thirty days after that a Cherem is
2. R. Huna... in name of R. Chisda: Three warnings
(Monday, Thursday, Monday) are given first.
i. This is only true for monetary issues. But for
insolence to a Talmid Chacham there is no
(a) Story: A certain butcher was put into Niduy for insolence
to a rabbi. He then apologized before the thirty days
3) WHO MAY ANNUL A NIDUY
(b) Abaye's dilemma: Should the Niduy be lifted early?
1. Pro: Because the rabbis need to buy meat from him, and
they would suffer from a prolongation of the Niduy.
(This is Rashi's reading. Almost all other Rishonim
have: Because the rabbis who issued the Niduy have
to leave town, and only they can annul the Niduy
[see below, 3:a and 3:b]. We do not want the butcher
to be stuck in Niduy forever.)
(c) R. Idi Bar Avin's answer: Shmuel said that just as a
Niduy may be imposed summarily (through the "toot" of a
shofar), so can it be lifted summarily.
2. Con: A Niduy is supposed to be a full thirty-day
(d) Rejection: This is only true for Niduy that was imposed
for a monetary reason (refusal to pay court-ordered
payment), but if it was imposed for reason of insolence
the Niduy must stay for 30 days.
(a) Question: If Niduy is imposed by three particular rabbis,
must they be the ones who annul it, or can it be annulled
by another three rabbis?
(b) Observation: Abaye apparently held you need the same
three rabbis. (According to other Rishonim above in 2:b:1
this conclusion is obvious. According to Rashi ibid. it
is less obvious; see Rashi s.v. Lo Asu.)
(c) A Beraisa is brought to prove that you need the same
three rabbis. This Beraisa makes several points:
1. If a rabbi imposes a Niduy on someone all his
disciples must observe the Niduy (and shun the
offender), but not vice versa.
(d) Three observations on this Beraisa:
2. If a Niduy is imposed on someone in his home town it
must be observed everywhere else as well, but not
3. If a Nasi imposes a Niduy, it must be observed by all
Jews, but not vice versa.
4. Rabban Shimon ben Gamliel adds: If one of the three
rabbis who imposed the Niduy dies before it is
annulled, his portion of the Niduy is not annulled.
(The Gemara assumes that this means that the Niduy
can never be annulled, providing the answer to 3:a.)
1. Concerning 3:c:1: The Niduy in question is obviously
one imposed due to insolence, for if it was due to a
transgression of a religious law, certainly even a
rabbi would have to follow his disciple's Niduy. We
may hence derive that a mere disciple (and not only
a major rabbi) may impose a Niduy if he is insulted.
(e) Conclusion of discussion: The three rabbis who annul the
Niduy need NOT be the same ones who imposed it. What
Rabban Shimon ben Gamliel meant (3:c:4) was that if one
of the three original rabbis dies, someone else must take
his place (to make a total of three) in the annulment
process. (That is, we do not say just because one of the
rabbis died his portion is automatically annulled.)
2. Each of the three rabbis is considered to be "in
charge" of his third of the Niduy (since the word
"portion" is used), and may thus annul it
individually, without the two others (Nimukei
3. The question from 3:a is answered: The same three
rabbis who imposed the Niduy must be the ones who
(a) Beraisa: Besides Niduy there is also something called
Nezifah (censure), which lasts for only seven days.
(b) R. Chisda's statement: What we call Niduy in Babylonia is
not a real Niduy, and is in fact only Nezifah, lasting
only seven days.
(c) Question on the Beraisa of 4:a: There are two instances
where Rebbi was insulted by people and they observed
Nezifah for thirty days, not seven.
1. The first case was with Bar Kappara, who said, "What
would Rebbi know about this matter?"
2. The second case was with R. Chiya, who disagreed with
and disobeyed Rebbi's ruling that Torah should not
be taught out in the open (in the streets), but in a
more private setting.
(d) Answer: Since Rebbi was the Nasi, his Nezifah was much
more powerful than a regular Nezifah, and therefore
lasted thirty days.
(e) Question: If Niduy in Babylonia lasts only seven days
(above, 4:b), then how long does a Babylonian Nezifah
(f) One day, as seen from a story involving Mar Ukva and
Shmuel, and another one involving a woman and R. Nachman,
and another one involving Zutra bar Toviah and Rav
(a) A discussion of what is meant by "David's latter words"
(II Shmuel 23:1).
(b) A discussion of the meaning of the word "Kushi".
(c) David made Teshuvah easier for all of us, by setting an
(d) A Tzadik rules over (as it were) Hashem, because he can,
through his prayers, influence Him to annul a decree He
has already made against someone.
(e) A homiletical interpretation of II Shmuel 23:8.