Delaying by a Neder

The Mishna (Nedarim 63a) had stated: If one made a neder against tasting wine for the year, and the year was proclaimed to be a leap year, he is forbidden for the year and its extension.

The Ra”n explains: The Mishna is teaching us that even if one made the neder from the beginning of the year, since he said “this year,” we do not say that he meant “one year,” but rather, he is prohibited for an extra month, which is thirteen months. However, if he said “one year” without any specification, the extra month is not included, even though the year was a leap year. For behold, if he did not abide by his prohibition this year, he makes it up the next year, which is a regular year. And although, it is forbidden for him to do that, because there is a prohibition against delaying, since if he would delay, he could make it up in another year, his neder is not connected to this year, which is a leap year. Therefore, even if he fulfills it this year, the extra month is not included.

The Rashba holds that even if he says, “one year from today,” the extra month is not included.

It is evident from the Ra”n that he holds of the following novelty: One can violate the transgression against delaying, even by a prohibatory neder.

The Rambam and Ramban, both maintain that this prohibition is only applicable by a neder for hekdesh, when one is obligating himself to do something.

The Machaneh Efraim adds that this transgression can apply by all nedarim to fulfill a mitzvah.

Reb Shimon Shkop states that the Ra”n’s words are perplexing. The prohibition against delaying is applicable when the person has an obligation to do soemthing. A neder is a prohibition on an object. If the object is forbidden, it is forbidden, but if it is not, how can there be a prohibition against delaying?

Reb Dovod Pervarsky explains: A neder also begins with an obligation resting on the person. He is obligated to fulfill his neder. If the forbidden object is in existence, the neder takes effect upon that object. However, if it is not in existence at that time, the person has a responsibility to render it forbidden when it comes into this world. If he fails to do so immediately, he is violating the transgression against delaying.

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Honoring his Friend

(Nedarim 24a) If one says to his fellow, “Konam that I will not benefit from your if you do not accept from me for your son a kor of wheat and two barrels of wine” (and the fellow refuses the gift), he may annul his vow without petitioning a sage, by his fellow saying, “Did you vow for any other purpose but to honor me (that I should accept the gift)? This (the refusal of the gift) is my honor (for it is written in Mishlei: One who hates gifts shall live).

The Rosh asks: Doesn’t every neder require annulment only through a sage? How can the vower annul this neder by himself?

He answers that since this opening is so clear and compelling, the vower is permitted to annul it himself.

The Ran according to the explanation of the Ayeles Hashachar learns differently. He explains that the purpose of the vow was to honor the other fellow. Since he is being honored by refusing the gift, that is regarded as a fulfillment of the condition of the neder. The neder never has a chance to take effect for the fellow was indeed honored.

The Ra”n Elucidated
Rejecting the proof - The Gemora attempts to bring a proof from the following braisa: Rabbi Eliezer ben Yaakov went even further and said: If one says to his fellow, “Konam that I do not benefit from you if you will not be my guest and partake of hot bread and a hot drink with me.” The fellow resisted the invitation. This is also considered a motivational neder.

The reason it says, “Even further” is because here, even though it is applicable to say, “I am not a dog,” for behold, he is forbidding himself the benefit of the invited one if he doesn’t want to accept this benefit from him, and for this reason it can be said that he really meant the neder, nonetheless, Rabbi Eliezer ben Yaakov said that they are motivational nedarim.

According to this explanation, we now see that our rejections of all the proofs above, that even Rabbi Eliezer ben Yaakov agrees whenever it is possible to say, “I am not a dog” were only arguments, but were not really true.

[We use the sefer “The Commentary of Rabbenu Nissim on Nedarim” from Rabbi Nathan Bushwick extensively to assist us in preparing the “Elucidation of the Ra”n.” The sefer, written in English is available for sale by writing to: Rabbi Nathan Bushwick 901 Madison Ave. Scranton, Pa 18510-1019. The cost is $25.00.]

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The Ra”n Elucidated - Daf 3

Delaying his Nezirus - The Gemora asks (Nedarim 3b): How does one violate the prohibition of Not to delay by nezirus? If one says, “I am a nazir,” he is automatically a nazir! If he eats grapes or drinks wine, he has violated the prohibition of a nazir, but he has not delayed!?

Rava answers: It is applicable in the following case: If one says, “I will not leave this world without becoming a nazir first,” he has an obligation from that moment on to become a nazir. (Since he might die at any moment, he is required to become a nazir immediately; otherwise, he is delaying.)

Rava cites proof to this concept from the following halacha: If a Kohen says to his wife: “Here is your get on the condition that it should take effect one moment before my death,” she is forbidden from eating terumah immediately because we are concerned that he will die the next moment. This same logic applies in this case of nezirus as well. We are concerned that he will die at any moment; therefore, he is obligated to become a nazir immediately.

The Ran explains that there is a distinction between the two cases. If she would eat terumah and her husband wouldn’t die, she has not violated any prohibition. However, he is obligated to become a nazir immediately, and if he does not, he has violated the prohibition against delaying (even though he didn’t die yet). This is because it is as if he said, “It is upon me to become a nazir in a manner that there is no concern that I will not be able to fulfill this vow of nezirus before I die.”

He asks: When an individual makes a vow to bring an offering, he is not regarded as delaying the fulfillment of his vow, unless three festivals have passed. Shouldn’t we allow the person to become a nazir within three festivals; why is he immediately regarded as procrastinating?

He answers: If one vows that he will bring an offering immediately, he is required to bring it immediately. If he procrastinates at all, he is regarded as delaying and he has violated the prohibition against delaying. He is only allowed to wait three festivals if he vowed to bring an offering without imposing any deadline. Here, we interpret his nezirus vow to mean that he wants to become a nazir immediately; any delay will be regarded as violating the terms of his vow.

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