The Perek deals with 4 Nedarim that don't need an official annulment rather they are self nullified. This law is learned from the דרשא of האדם בשבועה.
Things that need to be clarified:
1- why do we need a special Pasuk by Nedarim/Shvuos that if one doesn't have proper דעת the Neder is בטל? Why is it different then מקח וממכר and the like.
2- Careful Iyun in the Perek must be done to see if we do follow regular laws if ביטול מקח and אונס in Nedarim. note that we don't have a Perek of 4... in Gitin or Bava Metzia!!!
3- Are the levels of אומדנא the same here then in other places in order to take something out of דברים שבלב.
All these inquiries are really one in essence. I myself still don't have this clear. On simplest level it would seem that even אונס which is not enough for other places in Shas is enough in Nedarim because of the new Drasha. Beware that the Bircas Shmuel in Nedarim 14-15 deals with these issues in his unique way. ולא באתי אלא לפתוח פתח
1 comment:
does the first type of nidrei havai (acc. to Ran and nidrei havai in general acc. to Rosh) require adam b'shavua to be matir. Is it understood that we interpret his words as an exaggeration even without the pasuk, or do we require the pasuk to tell us that by neder and shavua we focus more on what he means than what he says, and therefore we consider him to have fulfilled his vow?
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