Saturday 30 May 2015

Nedarim 7: Ostracism, Excommunication, Distancing, and the Power or Words

Our daf begins with a demonstration of the rabbis’ use of prooftexts.  Deuteronomy 23:22 says “When you shall take a vow to the Lord your G-d, you shall not delay to pay it; for the Lord your G-d shall surely require it of you.”  Apparently, a baraita explains that “of you” refers to three things: gleanings, fallen sheaves, and pe’a.  The very careful and specific use of words is meant to be analyzed and deeply understood. 

Next question: since the halachot of tzedaka are written next to the laws of vows, do the laws of vows apply to tzedaka?  Would the halacha that one should “not delay” be transferable?  Or should the juxtapositioning teach us that all halachot are to be applied?  The rabbis note that tzedaka is very different from vows, and the halachot need not be applied.


Another example is raised: when a home is being built, the area meant to be the bathroom one day is designated off limits to anyone who should want to pray, etc.  If the designation of a particular place is enough to change our behaviour, should that not be similar to times when one intimates a vow?

The rabbis again focus on the specificity of wording.  Saying "I am excommunicated from you" has vastly different consequences from  saying "I am distanced from you" or "I am ostracized from you".  

We are obligated to ostracize someone if we hear them use the Lord's name in vain.  If we do not do so, we will be punished with ostracism ourselves.  The rabbis note that death, seemingly an ultimate form of ostracism, is seen as equal to poverty.  They also note that is one ostracizes another in public, it must be retracted  (if it is retracted ) in public ask well.  The rabbis debate about whether that secondary ostracism happens immediately or whether it 'should' take place immediately.  

A Torah scholar is permitted to ostracize himself and to nullify that ostracization.  This is in comparison with a prisoner who cannot release himself from jail.  We learn that Mar Zutra Chasida would ostracize himself before ostracizing a Torah student.  Assuming that he had not behaved in a way worthy of ostracism, the rabbis discuss this act: was he punishing himself before punishing the student because of his role in the student's transgression?  Was this another sort of strategy?   Mar Zutra Chasida would excommunicate himself, first.  He would be liable to all halachot of excommunication, including standing more than 4 cubits from any people.

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