Mishnah 1
1)
(a)The Mishnah begins with 'ha'Kol Ma'arichin ve'Ne'erachin'. 'ha'Kol Ma'arichin' comes to include a Mufla ha'Samuch le'Ish. What is a 'Mufla ha'Samuch le'Ish'?
(b)Why is he called by that name?
(c)If Reuven is Ma'arich Shimon, he declares 'Erech Shimon alai'. What does he say if he is Ma'arich himself?
(d)How does one assess the amount that the Ma'arich is obligated to pay Hekdesh?
1)
(a)The Mishnah begins with 'ha'Kol Ma'arichin ve'Ne'erachin'. 'ha'Kol Ma'arichin' comes to include a Mufla ha'Samuch le'Ish - a thirteen-year old boy (See Tosfos Yom Tov) who has not yet grown two pubic hairs.
(b)He is called by that name - because we first examine him to see whether he is able to 'express' in whose name he is making the Neder.
(c)If Reuven is Ma'arich Shimon, he declares 'Erech Shimon alai' - if he is Ma'arich himself, he says - 'Erki alai!'
(d)One assesses the amount that the Ma'arich is obligated to pay Hekdesh - by checking the Torah list, which is determined by age-bracket and sex.
2)
(a)'ha'Kol Ne'erachin' comes to include a Menuval and a Mukeh Sh'chin. Why would we otherwise have thought that they are not subject to Erech?
(b)What is the source for this contention?
2)
(a)'ha'Kol Ne'erachin' comes to include a Menuval and a Mukeh Sh'chin, whom we would otherwise have precluded - since they have no intrinsic value ...
(b)... and the Torah writes "Neder be'Erk'cha", implying that where there is no intrinsic value, there is no Erech either (Ibid.).
3)
(a)'ha'Kol' also pertains to 'Nodrin ve'Nidarin'. How does one determine the amount that a Noder is obligated to pay Hekdesh?
(b)If, when Reuven makes a Neder to pay Shimon's value, he declares 'D'mei Shimon alai', what does he declare when making a Neder to pay his own value?
(c)Why does the Tana insert 'Nodrin' in 'ha'Kol"?
(d)And why does he insert Nidarin'?
(e)Why would we otherwise have thought that a baby who is less than a month old is precluded from Nidarin?
3)
(a)'ha'Kol' also pertains to 'Nodrin ve'Nidarin'. One determines the amount that a Noder is obligated to pay Hekdesh - by assessing the worth of the Nidar on the slave-market.
(b)When Reuven makes a Neder to pay Shimon's value, he declares 'D'mei Shimon alai', when he makes a Neder to pay his own value, he declares 'Dami alai'.
(c)The Tana inserts 'Nodrin' in 'ha'Kol" - on account of 'Nidarin' ...
(d)... and he inserts 'Nidarin' - to include a baby who is less that a month old.
(e)We would otherwise have thought that he is precluded from Nidarin - because he is precluded from 'Ne'erachin' (See Tosfos Yom Tov (Ibid.).
4)
(a)The Mishnah opens its list of 'ha'Kol ... ' with Kohanim, Levi'im ve'Yisre'elim'. What is the Pasuk there "ve'He'emido lifnei ha'Kohen, ve'He'erich oso ha'Kohen" talking about?
(b)What do the Chachamim Darshen from that Pasuk?
(c)Why would we therefore have thought that a Kohen is not included in Erchin?
(d)Then why is he included?
(e)Why does the Tana then mention Levi'im and Yisre'elim?
4)
(a)The Mishnah opens its list of 'ha'Kol ... ' with Kohanim, Levi'im ve'Yisre'elim' - the Pasuk there "ve'He'emido lifnei ha'Kohen, ve'He'erich oso ha'Kohen" is talking about - a poor Kohen who is Ma'arich somebody and who cannot afford to pay ...
(b)... from which the Chachamim Darshen - 'Yisrael lifnei Kohen, ve'Lo Kohen lifnei Kohen'.
(c)We would have thought that, since a Kohen Ani is not subject to assessment, he is not subject to Erchin at all.
(d)He is included however - because his preclusion is restricted to a Ma'arich Ani, but does not extend to all the other branches of Erchin.
(e)And the Tana mentions Levi'im and Yisre'elim - on account of Kohanim.
5)
(a)The list continues with 'Nashim va'Avadim'. Why would we have thought that they are not subject to Ma'arichin and Nodrin?
(b)Then why are they nevertheless included?
(c)The Mishnah's list continues with Tumtum and Androginus. There is no reason as to why they should not be included in Nodrin. Why is it also obvious why they are subject to Nidarin?
(d)There is also no reason as to why they should not be included in Ma'arichin. On what grounds are they precluded from Ne'erachin?
5)
(a)The list continue with 'Nashim va'Avadim', whom we would otherwise have thought are not subject to Ma'arichin and Nodrin - since whatever they own belongs to their husband/master, in which case they do not have money to pay.
(b)They are nevertheless included - and what they owe Hekdesh they will pay if and when their husband/master dies or divorces them (See also Tosfos Yom Tov).
(c)The Mishnah's list continues with Tumtum and Androginus. There is no reason as to why they should not be included in Nodrin. It is also obvious that they are subject to Nidarin - since there is no reason as to why they should not be.
(d)There is also no reason as to why they should not be included in Ma'arichin. They are however precluded from Ne'erachin - since the Torah specifically writes 'Zachar' and "Nekeivah', and they are neither a Vaday Zachar nor a Vaday Nekeivah.
6)
(a)A 'Chashu' is included in the Din of Nidarin and Ne'erachin. What is a 'Chashu'?
(b)On what grounds is he precluded from Nodrin and Ma'arichin?
(c)From which of the above four cases is a baby less than a month old precluded?
(d)Why is that?
6)
(a)A Chashu - a Cheresh, Shoteh ve'Katan, is included in the Din of Nidarin and Ne'erachin.
(b)They are precluded from Nodrin and Ma'arichin however because they do not have Da'as (intelligence that is based on maturity).
(b)A baby less than a month old is precluded from - the Din of Ne'erach ...
(c)... because the youngest age-bracket listed in the Torah is from one month up to five years.
Mishnah 2
7)
(a)According to Rebbi Meir, a Nochri is subject to Ne'erachin but not to Ma'arichin. What does Rebbi Yehudah say?
(b)What do both Tana'im agree with regard to the two Pesukim (in connection with Erchin) "B'nei Yisrael" & "Ish ki Yafli"?
(c)Then what is the basis of their Machlokes?
(d)On what grounds does Rebbi ...
1. ... Meir include a Nochri in Ne'erachin rather than in Ma'arichin?
2. ... Yehudah include a Nochri in Ma'arichin Ne'erachin rather than in Ne'erachin?
(e)Like whom is the Halachah?
7)
(a)According to Rebbi Meir, a Nochri is subject to Ne'erachin but not to Ma'arichin. Rebbi Yehudah says - that he is subject to Ma'arichin but not to Ne'erachin.
(b)Both Tana'im agree that the Pasuk (in connection with Erchin) "B'nei Yisrael" - comes to exclude and the Pasuk "Ish ki Yafli", to include ...
(c)... and the basis of their Machlokes is - whether we exclude a Nochri from Ne'erachin and include him is Ma'arichin, or vice-versa.
(d)Rebbi ...
1. ... Meir includes a Nochri in Ne'erachin rather than in Ma'arichin - like a 'Chashu' who is included in Ne'erachin (See Tosfos Yom Tov) but not in Ma'arichin, whereas ...
2. ... Yehudah includes a Nochri in Ma'arichin rather than in Ne'erachin - like a Tumtum and an Androginus, who are included in Ma'arichin but not in Ne'erachin.
(e)The Halachah is - like Rebbi Yehudah (See Tosfos Yom Tov).
8)
(a)Based on the previous ruling, what will be the Din in a case where ...
1. ... a Nochri is Ma'arich a Yisrael?
2. ... a Yisrael is Ma'arich a Nochri?
(b)What do both Tana'im say about Nodrin and Nidarin?
8)
(a)Based on the previous ruling, in a case where ...
1. ... a Nochri is Ma'arich a Yisrael - is obligated to fulfill his Neder, whereas ...
2. ... a Yisrael who is Ma'arich a Nochri - is Patur.
(b)Both Tana'im agree that - a Nochri is subject to Nodrin (See Tosfos Yom Tov) and to Nidarin.
Mishnah 3
9)
(a)Besides the fact that a Goseis (a person on his death-bed [See also Tosfos Yom Tov]) and a Yotzei Lehareg (someone whose death-sentence is being carried out) are not Nidarin, what else do they have in common, according to the Tana Kama?
(b)If a Goseis is not subject to Nidarin because he has no intrinsic value, why is he not subject to Ne'erachin?
(c)What does the Tana Kama learn from the Pasuk in Bechukosai (in connection with a Yotzei Lehareg) "Kol Cherem asher Yocharam min ha'Adam Lo Yipadeh"?
(d)On what condition is a Yotzei Lehareg Ne'erach?
(e)What if it has been imposed by Malchus Yisrael?
9)
(a)Besides the fact that a Goseis (a person on his death-bed [See also Tosfos Yom Tov]) and a Yotzei Lehareg (someone whose death-sentence is being carried out) are not Nidarin, according to the Tana Kama - they are also not Ne'erachin.
(b)A Goses is subject neither to Nidarin, because he has no intrinsic value, nor to Ne'erachin - since he cannot fulfill the requirement "ve'He'emid ve'He'erich" (Ha'amadah ve'Ha'arachah' [See Tosfos Yom Tov]).
(c)The Tana Kama learns from the Pasuk in Bechukosai "Kol Cherem asher Yocharam min ha'Adam Lo Yipadeh" that - a Yotzei Lehareg is not subject to Ne'erachin.
(d)A Yotzei Lehareg is Ne'erach - if the death-sentence has been imposed by the Malchus (and not by the Beis-Din [See Tosfos Yom Tov]) ...
(e)... irrespective of whether it is Malchus Akum or Malchus Yisrael.
10)
(a)With which of the above cases does Rebbi Chanina ben Akavya disagree?
(b)On what grounds does he differentiate between Ne'erach and Nidar?
(c)What about the Pasuk "Kol Cherem asher Yocharam ... "?
10)
(a)Rebbi Chanina ben Akavya disagrees - with the latter case, where he holds Ne'erachin ...
(b)... because, unlike Nedarim, which is an intrinsic assessment - Erchin are fixed by the Torah.
(c)... and he learns something else from the Pasuk "Kol Cherem asher Yocharam ... " (See Tosfos Yom Tov).
11)
(a)With regard to Goseis and Yotzei Lehareg, Rebbi Yossi says - 'Noder, u'Ma'arich u'Makdish'. Like whom does he hold regarding Nidar and Ne'erach?
(b)What does he add with regard to either of the two who cause damage?
(c)What is the basis of his ruling?
11)
(a)With regard to Goseis and Yotzei Lehareg, Rebbi Yossi says - 'Noder, u'Ma'arich u'Makdish'. Regarding Nidar and Ne'erach, he holds like - the Tana Kama.
(b)He adds that, in the event that either of the two cause damage - they (their heirs) are Chayav to pay ...
(c)... because he holds 'Milveh ha'Kesuvah ba'Torah ke'Milveh he'Kesuvah bi'Shetar Dami', and 'One may claim a documented loan from Yesomim'.
12)
(a)Regarding the current case, on what grounds does the Tana Kama hold that they are Patur?
(b)Like whom is the Halachah?
(c)Why, nowadays, do Beis-Din nevertheless claim damages from the Yesomim's property?
12)
(a)Regarding the current case, the Tana Kama holds that they are Patur - because he holds 'Milveh ha'Kesuvah ba'Torah La'av ki'Chesuvah bi'Shetar Dami', and one cannot claim an oral debt of the father from his heirs (See Tosfos Yom Tov).
(b)The Halachah is - like the Tana Kama.
(c)Nowadays, Beis-Din nevertheless claim damages from the heir's property - because the Chachamim instituted that one can claim a father's oral debts from his heirs.
Mishnah 4
13)
(a)What does the Mishnah say about a pregnant woman whose death-sentence is being carried out?
(b)How does the Tana learn it from the Pasuk in Ki Seitzei (in connection with a man who commits adultery with a married woman) "u'Meisu Gam Sh'neihem"?
(c)Based on the Pasuk in Mishpatim (in connection with a man who strikes a pregnant woman and kills her baby) "Ka'asher Yashis alav Ba'al ha'Ishah", what would we otherwise have thought?
(d)On what condition do Beis-Din wait until she has given birth before putting her to death?
(e)Why is that?
13)
(a)The Mishnah rules that a pregnant woman whose death-sentence is being carried out - must be put to death immediately, without waiting for the baby to be born.
(b)The Tana learns it - from the word "Gam" (in the Pasuk in Ki Seitzei [in connection with a man who commits adultery with a married woman] "u'Meisu Gam Sh'neihem") - which comes to include the baby.
(c)Based on the Pasuk in Mishpatim (in connection with a man who strikes a pregnant woman and kills her baby) "Ka'asher Yashis alav Ba'al ha'Ishah", we would otherwise have thought that - the husband owns the babies, and one has no right to deprive him of what belongs to him.
(d)Beis-Din do however wait until she has given birth before putting her to death - if she is already sitting on the birth-stool (she is having contractions [See Tosfos Yom Tov]) ...
(e)... because once the baby begins to move, it is considered an independent person.
14)
(a)What is the Tana referring to when he says that one is permitted to benefit from the hair of a woman who has died?
(b)Why can he not be referring to her natural hair?
(c)On what condition is the Sheitel permitted?
(d)Why is that?
14)
(a)When the Tana says that one is permitted to benefit from the hair of a woman who has died, he is referring to - her Sheitel (wig) ...
(b)... not to her natural hair - which is Asur be'Hana'ah under all circumstances (See Tosfos Yom Tov DH 'ha'Ishah she'Nehergah').
(c)The Sheitel is only permitted however - if she specifically asked for it to be given to her daughter or to someone else ...
(d)... in which case she has revealed that she does not want it to be part of her (and is therefore Mutar be'Hana'ah).
15)
(a)What does the Mishnah finally say about benefiting from an animal that is killed at the hand of Beis-Din?
(b)How about the hair?
15)
(a)The Mishnah finally - forbids benefiting from an animal that is killed at the hand of Beis-Din ...
(b)... even from its hair (See Tosfos Yom Tov).
