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NEDARIM 31

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SUMMARY

A Neder that one will not benefit from Shovsei Shabbos includes Jews and Kusim, but not Nochrim. (1)
 
A Neder that one will not benefit from people who eat garlic includes Jews and Kusim but not Nochrim. (2)
 
A Neder that one will not benefit from people who ascend to Yerushalayim includes Jews but not Kusim. (3)
 
A Neder that one will not benefit from Bnei Noach includes Nochrim but not Jews. (4)
 
A Neder that one will not benefit from Zera Avraham includes Jews but not Nochrim.
 
If a person makes a Neder that he will not benefit from Jews he must overpay when he buys something and undercharge when he sells something. (5)
 
If a person makes a Neder that he will not allow Jews to benefit from him he must underpay when he buys something and overcharge when he sells something. (6)
 
If a person takes a product from a craftsman in order to test it out for a possible purchase he is obligated to pay for Onsim (unavoidable accidents). (7)
 
If a person takes a product from a merchant in order to possibly give it as a gift to his in-laws, on the way there he is Chayav for Onsim and on the way back he is Patur. (8)
 
If a middle man takes an item on consignment, if he fails to sell it and is on his way back in order to return it, if an Ones occurs he is Chayav. (9)
 
If a person makes a Neder that he will not benefit from Arelim he is forbidden to benefit from circumcised Nochrim and permitted to benefit from uncircumcised Jews.
 
If a person makes a Neder that he will not benefit from Mulim he is forbidden to benefit from uncircumcised Jews and permitted to benefit from circumcised Nochrim.
 
Bris Milah supersedes the Mitzvah of Shabbos and the prohibition of cutting off a Nega.
 
If it was not for the Mitzvah of Bris Milah Hashem Yisbarach would not have created the world.
 
ALL OF MOSHE RABEINU'S MERITS DID NOT STAND BY HIM WHEN HE WAS NEGLIGENT REGARDING THE MITZVAH OF MILAH.

A BIT MORE

1. The Neder includes people who are commanded in the Mitzvah of Shabbos and also keep the Mitzvah of Shabbos.
 
2. Ezra decreed that garlic shall be eaten on Friday night because Friday night is the night of Onah for Talmidei Chachamim and garlic increases Zera.
 
3. Although the Kusim are also commanded in the Mitzvah of ascending to Yerushalayim for the Regel they do not keep this Mitzvah because the Kusim worship instead on Har Gerizim.
 
4. Although technically we are also the sons of Noach, once Hashem Yisbarach sanctified Avraham Avinu we are called Zera Avraham and we are no longer called Bnei Noach.
 
5. However he may not pay the going rate for the product because the Mishnah is referring to an item that is a moderately wanted product and regarding such a product it is a benefit both to the buyer and to the seller when it sells at the going rate.
 
6. If a person makes a Neder that he will allow Jews to benefit from him and also that he will not benefit from any Jews he may not buy from or sell to Jews.
 
7. This is only if the item he is thinking of purchasing is a wanted item that has a fixed price. In such a case as soon as he picks it up, even before he buys it, he is regarded as a Sho'el (borrower) and he is Chayav for Onsim.
 
8. The potential buyer told the merchant that if they take the gift from him he will pay for it and if not he will give money for the benefit that he has from it. (He benefited from the appreciation of his in-laws that he made the effort to give them a gift.) On the way there he has the status of a Sho'el who is Chayav on Onsim and on the way back he has the status of a Shomer Sachar who is Patur on Onsim (however he is Chayav on Geneivah and Aveidah even on the way back).
 
9. A middle man is regarded as a Sho'el even on his way back because it is possible that he will find a buyer on the way back.

BRIEF INSIGHT

THE GREAT TZADIKIM
 
Why was Moshe Rabeinu Chayav Misah for his negligence regarding the Mitzvah of Milah? There is no Chiyuv Misah for this Mitzvah; it is only a Mitzvas Aseh for a father to circumcise his son! (It is a Chiyuv Kares for the son if he never receives a Bris Milah.) The answer is that Hashem Yisbarach is very exacting with the great Tzadikim and they are punished severely even for relatively minor infractions. An alternative explanation is that Klal Yisrael at this time were still regarded as Bnei Noach and with regard to a Ben Noach there is a Chiyuv Misah for any infraction of the Mitzvos that were given to them. (Maharsha b'Shem Panach Razi)

QUICK HALACHAH

MILAH ON SHABBOS AND YOM TOV
 
A Bris Milah supersedes the Isur of cutting off Tzara'as whether it was done on the eighth day or not. If on the flesh of the Orlah there is a Baheres it is permitted to cut off the Orlah with the Baheres even though it is normally forbidden to cut off a Baheres. A Bris Milah that is done on the eighth day supersedes Shabbos and Yom Tov, but if it is not done on the eighth day it does not supersede Shabbos and Yom Tov. Only the Bris Milah itself supersedes Shabbos and Yom Tov but the Peri'ah and Metzitzah are forbidden on Shabbos. (Shulchan Aruch YD 266:1)

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