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Week 69 - Sunday - 18 March 2001

NEDARIM: CHAPTER 3: MISHNAH 11

"Konam that I do not derive any benefit from the children of Noah" -- he is permitted from an Israelite, and he is prohibited from the nations of the world. "That I do not derive any benefit from the seed of Abraham" -- he is prohibited from an Israelite, and he is permitted from the nations of the world. "That I do not derive any benefit from an Israelite" -- he buys for more and sells for less. "That an Israelite derive benefit from me" -- he buys for less and sells for more, if they listen to him. "That I do not derive any benefit from them, and they from me" -- he may derive benefit from gentiles. "Konam that I do not derive benefit from the uncircumcised" -- he is permitted from the uncircumcised of Israel, and prohibited from the circumcised gentiles. "Konam that I do not derive any benefit from the circumcised" -- he is prohibited from the uncircumcised of Israel, and permitted from the circumcised gentiles, since orlah is applied only to the non-Jews, as it is written, "For all the nations are uncircumcised and the whole house of Israel are uncircumcised in the heart" (Jer. 9:25); and it is written, "and this uncircumcised Philistine (I Sam. 17:36); and it is written, "lest the daughters of the Philistines rejoice, lest the daughters of the uncircumcised be jubilant" (II Sam. 1:20). Rabbi Eleazar ben Azaryah says, Detestable is the foreskin whereby the wicked are disparaged, as it is written, "For all the nations are uncircumcised." Rabbi Yishmael says, Great is circumcision, concerning which thirteen covenants were made. Rabbi Yose says, Great is circumcision, which overrides the stringency of the Sabbath. Rabbi Yehoshua ben Korha says, Great is circumcision, concerning which even Moses the righteous was not spared for an hour. Rabbi Nehemiah says, Great is circumcision, which overrides negaim. Rabbi says, Great is circumcision, since for all the mitzvot which Abraham our father performed, he was not called perfect until he was circumcised, as it is written, "walk before Me, and be perfect" (Gen. 17 :1). Moreover, Great is circumcision; were it not for it, the Holy One, blessed be He, would not have created His world, as it is written, "Thus says the Lord: But for My covenant day and night, the laws of heaven and earth I would not have set forth" (Jer. 33:25).

Kehati

If one says, "Konam that I do not derive any benefit from the children of Noah" -- he took a vow that he would not derive any benefit from the children of Noah (see Tosefot Yom Tov), he is permitted to derive benefit from an Israelite -- even though Israelites also are descendants of Noah, since Israelites are not called "children of Noah," but rather "the children of Abraham," and he is prohibited to derive benefit from the nations of the world -- for all the gentiles are children of Noah.

If one says, "Konam -- That I do not derive any benefit from the seed of Abraham" -- he took a vow that he would not derive any benefit from the seed of Abraham, he is prohibited from an Israelite -- and even from converts since they also are included in "the seed of Abraham," as it is written, "for I have made you the father of a multitude of nations" (Gen. 17:5), and he is permitted from the nations of the world -- even from the descendants of Ishmael, the son of Abraham, as it is written, "for from Isaac shall be your progeny" (Gen. 21:12); similarly, he is also permitted from the descendants of Esau, since it was learned from the wording "from Isaac" (ib.) not all Isaac, hence only the descendants of Jacob are called the seed of Abraham.

If a person says, "Konam -- That I do not derive any benefit from an Israelite" -- he took a vow that the would not derive any benefit from an Israelite, he buys for more and sells for less -- i.e., he is permitted to engage in business with an Israelite, provided that he pays more for his purchase than its monetary value, and receive for what he sells less than its monetary value, hence he derives no benefit.

If he said, "Konam -- That an Israelite derive benefit from me" -- that an Israelite shall not derive benefit from that of mine, he buys for less and sells for more, if they listen to him -- if there will be any Israelite willing to endure a loss in trading with him, then the vower purchases an object from him (an Israelite) for less than its monetary value, hence the Israelite derives no benefit.

If a person says, "Konam -- That I do not derive any benefit from them, and they from me" -- I will not derive any benefit from Israelites, nor shall Israelites derive any benefit from me, he may derive benefit from gentiles -- but he is forbidden to engage in any business with an Israelite.

If one says, "Konam that I do not derive benefit from the uncircumcised -- he took a vow that he would not derive benefit from the uncircumcised, he is permitted from the uncircumcised of Israel -- e.g., a person whose brothers died as a result of circumcision, and is therefore not circumcised, and prohibited from the circumcised gentiles -- e.g., Arabs, who circumcise themselves.

And if a person said, "Konam that I do not derive any benefit from the circumcised" -- he took a vow that he would not derive any benefit from the circumcised,

He is prohibited from the uncircumcised of Israel, and permitted from the circumcised gentiles -- for he intended only to exclude the gentiles, since the word orlah is applied only to the non-Jews -- only non-Jews are called arelim, as it is written, "For all the nations are uncircumcised [arelim], and the whole house of Israel are uncircumcised in the heart"; and it is written, "and this uncircumcised Philistine [he-arel]; and it is -- further -- written, "lest the daughters of the Philistines rejoice, lest the daughters of the uncircumcised [ha-arelim] be jubilant" -- hence the non-Jew is called "arel," even if he is circumcised, but an Israelite, even if he himself has not been circumcised, since he is liable to circumcision, is included among "the circumcised."

Incidental to the law which was taught, our mishnah quotes saying of the Sages in praise of the commandment of circumcision.

: Rabbi Eleazar ben Azaryah says, Detestable is the foreskin [he-orlah], whereby the wicked are disparaged -- the Bible uses this term to disgrace the wicked, as it is written, "For all the nations are uncircumcised."

Rabbi Yishmael says, Great -- important, is -- the commandment of -- circumcision, concerning which thirteen covenants were made -- the word "covenant" is mentioned thirteen times in the passage of the Torah which contains the commandment of circumcision (Gen. 17).

Rabbi Yose says, Great is circumcision, which overrides the stringency of the Sabbath -- as it is written, "And in the eighth day the flesh of his foreskin shall be circumcised" (Lev. 12:3); it was learned from "the eighth day," even if it be a Sabbath.

Rabbi Yehoshua ben Korha says, Great is circumcision, concerning which even Moses the righteous was not spared an hour -- for all of Moses' merits were of no avail to him to postpone his punishment for not having circumcised his son, even for one hour, as it is written, "and the Lord met him, and sought to kill him" (Ex. 4:24).

Rabbi Nehemiah says, Great is circumcision, which overrides negaim -- for one who cuts the baheret (see Neg. 1:1) transgresses a prohibition, as it is written, "Take heed in the plague of tzaraat" (Deut. 24:8), but the commandment of circumcision overrides this prohibition, and if there was baheret on the end of the foreskin, it is cut together with the foreskin, since "circumcised in the flesh of his foreskin" is interpreted to mean, even if there is baheret there.

Rabbi says, Great is circumcision, since for all the mitzvot which Abraham our father performed, he was not called perfect until he was circumcised, as it is written, "walk before Me, and be perfect" -- which is followed by, "And I will make My covenant between Me and you"; Rashi in his commentary on the Torah interprets this according to the midrash: "walk before Me" -- with the commandment of circumcision, and with this "you will be perfect," for as long as you possess a foreskin, you are blemished before Me.

Moreover, Great is circumcision; were it not for it, the Holy One, blessed be He, would not have created His world, as it is written, "Thus says the Lord: But for My covenant day and night, the law of heaven and earth I would not have set forth" -- "My covenant day and night" was interpreted as referring to circumcision, which exists in a person's body day and night.

NEDARIM: CHAPTER 4: MISHNAH 1

There is no difference between one who is prohibited by vow from deriving benefit from his fellow and one who is prohibited by vow from his food, except for access, and utensils in which food is not made. If one is prohibited by vow from eating from that of his fellow, he may not lend him a fine sieve, and a coarse sieve, and a millstone, and an oven; but he may lend him a shirt, and a ring, and a cloak, and earrings, and anything with which food is not made. Where such articles are hired out, it is prohibited.

Kehati

If one said to his fellow, "That which you derive benefit from mine will be prohibited to you as a sacrifice" (or in short, "Konam you derive benefit from mine"), or if one said to his fellow, "That which I benefit from yours will be prohibited to me as a sacrifice," he is prohibited by a vow from deriving benefit from his fellow. And if his fellow said to him, "Benefit which leads to my food is prohibited to you," or if he said, "Benefit which leads to your food is prohibited to me, he is prohibited by a vow from deriving benefit from the food of his fellow. This mishnah teaches the difference between one who is prohibited by a vow from deriving general benefit from his fellow and one prohibited by a vow from the food of his fellow.

There is no difference between one who is prohibited by vow from deriving benefit from his fellow -- whose fellow prohibited him by a vow from deriving any benefit from that which is his (his fellow's), or who prohibited himself by a vow from deriving any benefit from that of his fellow, as was explained above, and one who is prohibited by vow from his food -- who was prohibited by a vow by his fellow, or who prohibited himself by a vow, from deriving food benefits, as was explained in the introduction to this mishnah, above, except for access -- to the courtyard of his fellow, for one who is prevented by a vow from deriving benefit from his fellow is prohibited even from entering his property -- and utensils -- of his fellow, in which food is not made -- which are not used for food, for one who is prohibited by a vow is prohibited from borrowing such utensils from him, while one who is prevented by a food related vow is permitted to borrow them. If one is prohibited by vow from eating from that of his fellow, he -- his fellow, may not lend him a fine sieve, and -- or -- a coarse sieve, and -- or -- a millstone, and -- or -- an oven -- for all these utensils are used for the preparation of food, and any food related benefit is prohibited to him; but he may lend him a shirt, and a ring, and a cloak, and earrings, and anything with which food is not made -- because these do not lead to food related benefit.

But in a place -- where such articles are -- normally -- hired out -- even though they are utensils with which food is not prepared, it is prohibited -- to lend them, even to one prohibited by a vow from eating that of his fellow, since he enjoys benefits from the rental fee that his fellow waived to him for them, and with this money he is able to buy food; hence he derives from his fellow food related benefit.

The phrase "and anything with which food is not made" has been explained as being the end of the sentence; Rashash and Ritba also interpret it in this manner. In the Gemara, however, it is quoted as being the beginning of a new mishnah: "And anything with which food is not made, where such articles are hired out, it is prohibited."

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