Explanation: Also our Mishnah explains Yados. The Gemara explains that it means as follows. If he said k'Nidrei Resha'im Hareini (I am), and a Nazir passed in front of him, he is a Nazir;

Similarly, if he said k'Nidrei Resha'im Alai, he is obligated to bring a Korban. Presumably, this is only if there was an animal resting in front of him.

Similarly, if he said k'Nidrei Resha'im Heimenu she'Lo Ochal, and there was a loaf resting in front of him, he has a Shevu'ah not to eat it.

He is liable for all of these when he said k'Nidrei Resha'im, for Resha'im normally vow about all of these;

Because it is improper to do so, he calls them Nidrei Resha'im, for they are Resha'im in this respect. So it seems to me.

Explanation: Even if he said [k'Nidrei Kesherim] Hareini, Alai or Heimenu, and a Nazir, animal or loaf was in front of him, his words have no effect, for Kesherim do not vow, for they may not do so.

The same applies if he said k'Nidvas Resha'im Alai, his words have no effect, for Resha'im do not make Nedavos, for if they make Nedavos, they are not Resha'im in this respect. It says so in the Tosefta.

Explanation: Kesherim make Nedavos of Korban and Nezirus. Therefore, when he said Hareini, and a Nazir passed in front of him, he is a Nazir;

When he said Alai and an animal was in front of him, it is as if he says "Harei Hu Korban Nedavah."

However, he is not obligated a Shevu'ah even if a loaf was in front of him, and he said Heimenu she'Lo Ochel, because Kesherim never swear.

Implied question: We said above (8a) that one may swear for a Mitzvah to make himself zealous!

Answer: That Shevu'ah is not called a Nedavah, for they are already obligated to fulfill the Mitzvah.

Question: A Nedavah is only when one says "this is [a Korban]." A Neder is when one says "Harei Alai." This distinction applies only to Nedarim of Korbanos;

Regarding Nezirus, how do Neder and Nedavah apply? There is only one manner!

Answer: It seems to me that Neder is something that does not come totally through beneficence of the heart, and Nedavah is what a person vows more through beneficence of his Nefesh, and his actions are more pleasing.

Therefore, we say that Neder is Harei Alai, for he does not totally volunteer, since he did not separate it now;

Nedavah is when he says Harei Zu. Since he volunteers, his vow is more pleasing.

Since this is the explanation of Neder and Nedavah, also regarding Nazir, even though the vow of Nezirus takes effect only if one way, one whose intent is more pleasing, his Nezirus is called Nedavah;

One whose intent is not so pleasing, [his Nezirus] is called a Neder.

Resha'im, when they vow to be a Nazir, their intent is not totally pleasing. Kesherim, since their intent is complete and pleasing, and there is no tinge of Aveirah, their Nezirus is called Nedavah.

Support: This is why we say in the Gemara regarding a Nedavah of Nezirus "we find it like the case with Shimon ha'Tzadik", like I will explain with Hash-m's help.

Explanation #1: Even so, this is only when he said "k'Nidrei Resha'im Hareini." However, if he said only Hareini, his words have no effect.

Implied question: Why is it unlike one who says "Ehei (I will be)"? We say in Kidushin (5b) that he becomes a Nazir if a Nazir passed in front of him!

Answer: That is because Ehei is a good expression, and it works. However, [regarding] Hareini, if he did not say k'Nidrei Resha'im Hareini, it does not connote that he said anything. My Rebbeyim explained like this.

Rebuttal: Hareini is no worse than Ehei!

Explanation #2: Rather, because our Mishnah comes to teach that if he said k'Nidrei Kesherim Hareini, even if a Nazir passed in front of him, it does not work, the Reisha mentioned k'Nidrei Resha'im;

However, indeed, whenever he said Hareini alone, if a Nazir passed in front of him, he is a Nazir.

Explanation: This is better than one who vows and fulfills, and one who vows and does not fulfill. Before this verse it says "Es Asher Tidor Shalem", and afterwards it says "Tov Asher Lo Tidor";

I.e. this is better than vowing and fulfilling, which is written before this.

He (R. Meir) gives a reason for his words, [this is better] than if you vow and do not fulfill, i.e. perhaps you will forget, and not fulfill. Therefore, it is good that you not vow at all.

Explanation (cont.): Now we understand that he does not distinguish between Neder and Nedavah. If not, the verse should teach that best of all is Nodev and he fulfills!

Explanation: He expounds the verse as follows. What you vow, fulfill. This is a praiseworthy trait;

However, it is better that you not vow, than to vow and not fulfill.

Implied question: This is obvious!

Answer: He means as follows. Do not think at the time of your vow that you increased merit, and afterwards if you forgot or Ones occurred, you did not lose your merit;

This is not so. The merit is not at the time of your vow, rather, at the time you fulfill. So it seems to me to explain this opinion.

Explanation #1 (the Ran's Rebbeyim): Really, we could have asked this question on our Mishnah itself;

Our Mishnah connotes that Kesherim do not vow, for it says "[if he said] k'Nidrei Resha'im, his words have no effect", and afterwards it taught [that if he said k'Nidvas Kesherim, this is] a Neder!

Rather, initially we were exacting about our Mishnah itself, which distinguishes between Neder and Nedavah. Like whom is it? After we established it like R. Meir, we are exacting about how it taught a Neder [regarding k'Nidvas].

Rebuttal: I disagree.

Explanation #2: Rather, it means as follows. Granted, if we do not establish it like R. Meir, we could explain that Neder of Kesherim, since it is with full desire, and it is proper to do so, it is called Nedavah;

Implied question: If we say so, we do not hear that the Tana distinguishes between Neder and Nedavah. Above, we said simply, who is the Tana who distinguishes between Neder and Nedavah!

Answer: Above, we said so because it is the truth;

However, the Gemara itself rejected this in the other direction, to say that it is not R. Meir, and we do not distinguish between Neder and Nedavah, and our Mishnah is explained well.

However, if you say that it is R. Meir, how is Neder of Korban called Nedavah? Since Neder is not proper for Kesherim, it cannot be called Nedavah!

Explanation: It is not truly [Chulin b'Azarah]. As long as a Chacham did not permit [his vow], his Nezirus is intact and his Korbanos are obligatory on him;

Rather, he means that it is like Chulin. Since his intent is not pleasing, even his Korbanos are not pleasing.

Distinction: However, with this man from the south, there is no concern for this. His intent was so pleasing at the beginning, that we can testify that he did not regret.