BACKGROUND ON THE DAILY DAF
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Previous daf Nedarim 18
1) [line 21] RAVCHA HU D'LEIS LAH - (lit. there is no "space" for it [to
find its place]) there is no opportunity for it to take effect
2) [line 1] PEIRUSHAM L'HAKEL - we rule leniently with regard to their
explanations. When the person who makes a Neder claims afterwards that he
had no intention of making a Neder, we rule leniently according to his
explanation, even if they are far-fetched. Some examples are brought in the
Mishnah on Daf 20a.
3) [line 2] BESAR MELI'ACH - salted meat
4) [line 2] YAYIN NESECH
(a) Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This
is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu *Yein
Nesicham*" - "Those who ate the fat of their sacrifices, and drank the wine
of their drink offerings" (Devarim 32:38), which compares the wine of
libations to an animal sacrificed for idolatrous purposes.
(b) The Chachamim prohibited the wine of a Nocri that was *not* poured as a
libation (Stam Yeinam) out of fear that drinking wine together would lead to
intermarriage. In order to avoid confusion between Yayin Nesech and Stam
Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah.
Although this is only an Isur mid'Rabanan, it is a very severe prohibition
(see Chochmas Adam 75:1).
5) [line 5] CHEREM SHEL SHAMAYIM / CHEREM SHEL KOHANIM
There are two types of Charamim (a type of vow or pledge in which one
pronounces "This object should be a Cherem"):
1. Chermei Kohanim, which are given to the Kohanim for their personal use
and cannot be redeemed from the Kohen;
6) [line 7] MA'ASER BEHEMAH
2. Chermei Gavo'ah, also known as Charamim Shel Shamayim, which are given to
the Beis ha'Mikdash for the Bedek ha'Bayis and can be redeemed like any
(a) Every year, a person must collect all of the kosher animals that were
born during that year into a corral. As they leave the corral through a
narrow opening, one by one, the owner counts them and marks every tenth one
as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra
(27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shevet,
ha'Asiri Yiheyeh Kodesh la'Sh-m." - "And all of the herds and flocks shall
be tithed as they are counted under the rod, every tenth one being
consecrated to HaSh-m."
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or
defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner
in Yerushalayim. If it has a Mum, the owner may slaughter and eat it
7) [line 8] SHEL GOREN (MA'ASER)
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah from the crop and give it to a Kohen. Although the
Torah does not specify the amount to be given, the Rabanan set the
requirement at one fiftieth of the total crop.
(b) After Terumah is removed from the produce, the first tithe to be given
every year is called *Ma'aser Rishon*; one tenth of the produce must be
given to a Levi.
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called *Ma'aser Ani* and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
8) [line 9] TERUMAS HA'LISHKAH
(a) Every year, one half Shekel was collected from every Jew to fund the
Korbenos Tzibur that were offered in the Beis ha'Mikdash. Beis Din placed
the money that was collected in a room in the Mikdash reserved for that
purpose (see Background to Kesuvos 108:1, "Shekalim").
(b) At three times during the year (before each of the three festivals),
Beis Din filled three boxes, each of which held three Se'in (approximately
21.6, 25 or 43.2 liters, depending upon the differing Halachic opinions)
with Shekalim from that room. The portion that was set aside in the boxes
was called the "Terumas ha'Lishkah," while the remainder of the Shekalim
were called "Sheyarei ha'Lishkah" (Shekalim 7b, 8a). (See Insights to
(c) There is a difference of opinion as to why the Terumas ha'Lishkah was
done three times a year rather than just once. One opinion states that the
reason was only to publicize the Terumas ha'Lishkah (Shekalim 2b, see
Insights there). According to others, Beis Din was concerned that the
Terumas ha'Lishkah should be collected from the Shekalim that arrived later
in the year (this opinion is also mentioned in the Yerushalmi, ibid.).
(d) The Shekalim from the Terumas ha'Lishkah were used to purchase the
animals needed for public sacrifices and for the wages of certain laborers
and appointees of Hekdesh. The Shekalim from the Sheyarei ha'Lishkah were
used to buy other goods necessary for the upkeep of the Mikdash and the
entire city of Yerushalayim (Shekalim 4a-b).
9) [line 10] SHEL GOREN (TERUMAH)
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah Gedolah from the crop and give it to a Kohen. Although
the Torah does not specify the amount to be given, the Rabanan set the
requirement at one fiftieth of the total crop. More generous landowners
separated one fortieth while the less generous separated one sixtieth.
(b) The obligation to give Terumah is learned from the verse, "Reishis
Deganecha Tiroshecha v'Yitzharecha...Titen Lo" - "The first portion of your
*grain*, *wine* and *oil*...give [to the Kohen]" (Devarim 18:4). The
Rishonim dispute from which crops one is obligated to give Terumah
1. According to RASHI (here and elsewhere), TOSFOS (Bechoros 54a DH u'Shnei
and elsewhere), the RA'AVAD (Hilchos Ma'aser 1:9) and the SEFER HA'CHINUCH
(#507), Terumah mid'Oraisa is only taken from the crops mentioned in this
verse, grains, grapes and olives.
(c) According to all opinions, there is at least a Mitzvah mid'Rabanan to
separate Terumah from all produce that is not ownerless, that grows from the
ground, and that is regularly eaten by humans (MINCHAS CHINUCH # 507).
2. According to the RAMBAN (Devarim 14:22), Terumah mid'Oraisa is only taken
from grains, wine and olive oil, but not from raw grapes and olives.
(According to Tosfos in Bava Metzia 88b DH Ki, although Terumah mid'Oraisa
must be taken from grapes and olives as well, that is only if they were
harvested to be eaten.)
3. According to the RAMBAM (Hilchos Terumos 2:1,6), Terumah mid'Oraisa must
be taken from all produce that is not ownerless (Hefker), that grows from
the ground and that is regularly eaten by humans.
10a) [line 12] YEHUDAH - the land of Yehudah, consisting of the lands south
of the ancient city of Antipatris, near the modern-day Rosh ha'Ayin
b) [line 12] GALIL - the land of Galil, consisting of the modern-day
Galil, north of Megido
11) [line 18] KOY
There is a Machlokes Tana'im as to which animal Chazal (Mishnah Chulin 83b,
etc.) refer to as a "Koy." Some Tana'im say that it is a crossbreed between
certain species of goats and deer, while others say that is an independent
species (Chulin 80a). The Koy shows signs of being both a domesticated
animal (Behemah, of which the Chelev is prohibited) and a wild animal
(Chayah, of which the Chelev is not prohibited).
12) [line 19] MEMONO ME'AYIL LI'SEFEIKA - [if there is a choice as to
whether a person includes his property in a Neder or not, we assume that] he
does include in his Neder the property about which there is a doubt