How can the Torah begin with Moshe's instructions to the Roshei ha'Matos without reference to Hashem's command to Moshe (as it usually does - See Ramban)?
Ramban: It relies on Pasuk 17, which states "Eileh ha'Chukim ve'ha'Mishpatim asher Tzivah Hashem es Moshe." 1
Rashbam, Riva and Rosh: The Torah did indeed refer to Hashem's instructions to Moshe when it wrote at the end of Pinchas "Levad mi'Nidreichem ve'Nidvoseichem", with reference to the Korbanos that the people vowed to bring. 2 And that is what Moshe now passed on to the Roshei ha'Matos and the people. 3
Seforno: The command to Moshe is included in Kedoshim Vayikra, 19:12, where, when Hashem told him "ve'Lo Sishav'u li'Shemi la'Shaker, ve'Chilalta ... ," He meant that somebody who makes a Neder or a Shevu'ah and desecrates it, profanes the Name of Hashem. 4
Ramban: In any event, we do find cases where the Torah does not record Hashem's command to Moshe at all - See for example, Vayikra 9:6 and Sh'mos 16:32.
Rashbam and Riva: Which they are obligated to bring on one of the Yamim-Tovim, to avoid the La'av of Bal Te'acher.
Rashbam: In fact, "Ish ki Yidor Neder la'Hashem" is written with reference to Korbanos.
Seforno: Whereas if a woman who is not under her own jurisdiction desecrates her Neder, she does not profane Hashem's Name in the event that her husband or her father already annulled it (as the Pasuk will explain shortly).
What is the connection between the Parshah of Nedarim and the previous Parshah?
Ramban, Rashbam, Da'as Zekenim and Hadar Zekenim: With reference to the end of the previous Parshah - 29:39 - "L'vad mi'Nidreichem ve'Nidvoseichem", the Torah teaches us that, besides Nidrei Hekdesh, there are also Nidrei Chulin that one is obligated to fulfill.
Moshav Zekenim #1: It follows "Vayedaber Moshe ? " and begins with "Roshei ha'Matos" to teach us that Hataras Nedarim is performed either by a single expert or by three Hedyotos.
Riva and Moshav Zekenim #2: It follows the Parshah of Korbanos to teach us that, like checking a Korban for a blemish, Hataras Nedarim can be performed by a single expert or three Hedyotos. 1
Ba'al ha'Turim #1: The Torah juxtaposes "Roshei ha'Matos" to "L'vad mi'Nidreichem ve'Nidvoseichem" in Bechukosai Vayikra, 29:39 to teach us that the Roshei ha'Matos are obligated to force people to bring their Nedarim and Nedavod - as the Gemara states in Rosh Hashanah, 6a.
Ba'al ha'Turim, #2: To teach us that, when YIsrael are in trouble, the leaders should make vows. 2
Moshav Zekenim: The question remains however, why the Torah them needs to insert "Roshei ha'Matos"? (He himself cites Rashi's answer to this - Refer to 30:2:4:1? Perhaps he holds that Rashi retracted, since he taught all Mitzvos first to the Nesi'im, and afterwards to the people. Refer to 30:2:4:1 2
) - PF.
Ba'al ha'Turim: Like we find by Yiftach in Shoftim, 11:30, and by the officers of thousands, later in the Parshah - in 31:50.
Who were the Roshei ha'Matos?
Rashi, Ramban and Targum Yonasan: They were the Nesi'im - the princes of the twelve tribes. 1
Ramban: Whom they appointed after the death of Nachshon ben Aminadav and his colleagues - Perhaps they are the ones that are mentioned later in Devarim 34:7. See Ramban.
Why does the Torah mention the Roshei ha'Matos specifically in connection with Nedarim?
Rashi #1: To teach us that Moshe gave honor to the Nesi'im by first teaching them the Parshah of Nedarim 1 before teaching it to the rest of the people. 2
Rashi #2 (citing Nedarim, 78a): To teach us that the nullification of vows 3 is performed either by a single expert or by three Hedyotos only if three experts are not available. 4
Ramban #1: Because Moshe only taught the Roshei ha'Matos the Halachos of Nedarim, but not the rest of Yisrael. 5
Ramban #2: To teach us that a Yachid Mumcheh can annul Nedarim.
Rashi: A procedure that he followed regarding all the Mitzvos, as the Torah indicates in Sh'mos 34:31 & 32.
Rashi: And we learn that he also taught it to all of Yisrael via a Gezeirah Shavah "Zeh ha'Davar" "Zeh ha'Davar" from Shechutei Chutz (Acharei-Mos Vayikra, 17:2) - which was said to Aharon and his sons. Sifsei Chachamim: And it is as if the Torah had written "el Rashei ha'Matos ve'li'Venei Yisrael" (with a 'Vav')..
Since one reads the Pasuk as it is written, without a 'Vav' (Refer to 30:2:4:1**).
Ramban: For fear that, knowing that Nedarim can be annulled, they would be lax with regard to making Nedarim and keeping them.
What are the implications of the words "li'Venei Yisrael"?
Sifri Zuta: It implies that Nochrim are not subject to the La'av of 'Bal Yachel'. 1
Even though they are subjet to Nedarim and Nedavos. See Torah Temimah, note 1.
What are the connotations of "Zeh ha'Davar"?
Rashi #1: Moshe prophesied ? in Sh?mos, 11.4 - with the words "Koh Amar Hashem" - like all other prophets, 1 and also - with "Zeh ha'Davar". 2
Rashi #2 (citing Nedarim, 77b): It is an expression of preclusion - to confine a Chacham to a Lashon of 'Hatarah' 3 when annulling Nedarim, and a husband and a father to a Lashon of 'Hafarah' 4 (and if they switch, the Neder does not take effect - Nedarim, 78a).
Nedarim, 78a: We learn, via a Gezeirah Shavah "Zeh ha'Davar" "Zeh ha'Davar" from Shechutei Chutz 5 - in Acharei-Mos Vayikra, 17:2 - that a Beis-Din of three Hedyotos can annul Nedarim. 6
Bava Basra, 120b: We learn va a Gezeira Shavah ?Zeh ha?Davar? ?Zeh ha?Davar? from Shechutei Chutz - in Acharei-Mos Vayikra, 17:2 - that the Parshah of Nedarim is not confined to the current generation, but extends to all generations.
Nidah, 46b: It implies that, although the Dinim of Nedarim and the punishments apply to a boy of twelve and a girl of eleven, 7 the object that they declare Asur like a Korban is not subject to Me'ilah.
Implying that their words were not exactly those of Hashem. See Hadar Zekenim, who points out that also Yeshayah prophesied with "Koh Amar Hashem - in Yeshayah, 16:13.
Implying the precise transmission of Hashem's words.
Which implies annuling the Neder retroactively. See Torah Temimah, note 2, who elaborates.
Where the Torah writes "Aharon u'Vanav ve'Chol Yisrael". See Torah Temimah, note 4
The Gemara in Bava Basra, 120b learns from the same Gezeirah Shavah that, like the Isur of Shechutei Chutz, Hataras Nedarim (is not confined to that generation, but) applies to all generations. See also Torah Temimah, note 3.
Why does the Torah need to insert ?Zeh ha?Davar asher Tzivah Hashem??
Yerushalmi Nedarim, 9:1: To teach u that one cannot be Matir a Neder ased on Kavod ha?Makom ? because if one could, no Neder wokd ever stand, and it would be akin to nullifying the whoe of Parshas Nedarim
QUESTIONS ON RASHI
Rashi writes that Hataras Nedarim should be performed by a single expert. Then why does the Torah write "Roshei ha'Matos" (plural)?
Hadar Zekenim: The Torah means that each Nasi annuls the vows of his tribe.
Moshav Zekenim #1: To teach us that he told each of the Roshei ha'Matos independently - as the Gemara 1 explains.
Moshav Zekenim #2: "Vayedaber Moshe" ? "Rohei ha'Matos" are like Moshe, who was an individual. 2
Moshav Zekenim #3: We Darshen "Lo Yachel Devaro", but others can profane his word. Just like he is one, one person can annul his word. We must discuss experts, since the Torah writes "Moshe" and "Roshei ha'Matos." 3
I could not find the Gemara. (PF)
I do not understand this. The Torah needed to say that Moshe taught this! (PF)
Moshav Zekenim: A Gezeirah Shavah ("Zeh ha'Davar" "Zeh ha'Davar" from Shechutei Chutz (Vayikra 17:2), which was said to three (categories) ? to Aharon, to his sons and to all of Yisrael. We learn from here to there that one can ask to permit (nullify) his Hekdesh, just like Hataras Nedarim.
Rashi writes that the other prophets prophesied only with "Koh Amar Hashem." But we find "Zeh ha'Davar" also in Yeshayah, 16:13?
Hadar Zekenim: Rashi's other explanation is the main one. Refer to 30:2:5:2.
Rashi writes that a Chacham permits only with a Lashon of Hatarah, and a husband and father only with a Lashon of Hafarah. What are is the difference between Hatarah and Hafarah?
