Search

Nedarim 35

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder

0:00
0:00




podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Tova and David Kestenbaum in honor of the marriage of their son Gilad to Noa Goldrich, today. “May they be zoche to build a Bayit Neeman b’Yisrael, in good health until 120.”

Today’s daf is sponsored by Emma Rinberg in loving memory of her dear friend Helen Taylor whose yahrzeit is today and in honor of her dear friend Tova Kestenbaum whose son is getting married today.

If one says, “My loaf is forbidden to you,” and then gave it to them as a gift, Rava held that it was still forbidden to them. The Gemara brings a braita to raise a difficulty against Rava as it says there that if it was given to them as a gift, it is permitted. However, they resolve the difficulty by explaining the braita to be in a case where first it was given to someone else and then that person gave it to the other as a gift. In that case, since it didn’t belong to the original person at the time the gift was given, it was no longer included in the words of the vow. Rava asks Rav Nachman if the language of konam creates a situation that the item is like a sanctified item for the one forbidden and therefore if one accidentally benefits, would they be liable for meila? Rav Nachman proves from our Mishna that the answer is yes. However, the Gemara points out that it is a tannaitic debate. According to the understanding that there is meila for a konam, if one says, “My loaf will be forbidden to you,” and then gives it to them as a gift, upon who is the meila transgression? For the original owner, it was not forbidden and the one receiving the gift could claim that they certainly wouldn’t have wanted to receive the gift if they had known it was forbidden! Rav Ashi answers that while the receiver can claim they didn’t want it if that would only exclude them from laws of meila while receiving the gift but once they actually use it, they are no different from a person who didn’t know an item was sanctified and used it, who is liable for meila. The Mishna lists more actions one can do for another even if they are forbidden to benefit from the other – take truma and maaser for them with their knowledge, sacrifice bird offerings of zav, zava and a woman after childbirth, teach one midrash, halacha and agada, but not Torah, or teach their children Torah. The Gemara asks: When kohanim perform the sacrificial rites in the Temple are they operating as messengers of the one obligated to bring the sacrifice or as messengers of God? Can our Mishna be used to answer this question?

Today’s daily daf tools:

Nedarim 35

אֵיתִיבֵיהּ, אָמַר לוֹ: ״הַשְׁאִילֵנִי פָּרָתְךָ״, אָמַר לוֹ: ״קֻוֽנָּם פָּרָה שֶׁאֲנִי קָנוּי לָךְ״, ״נְכָסַי עָלֶיךָ אִם יֵשׁ לִי פָּרָה אֶלָּא זוֹ״. ״הַשְׁאִילֵנִי קַרְדּוּמְּךָ״, אָמַר לוֹ: ״קֻוֽנָּם קַרְדּוֹם שֶׁיֵּשׁ לִי שֶׁאֲנִי קָנוּי״, ״נְכָסַי עָלַי אִם יֵשׁ לִי קַרְדּוֹם אֶלָּא זֶה״, וְנִמְצָא שֶׁיֵּשׁ לוֹ — בְּחַיָּיו אָסוּר, מֵת אוֹ שֶׁנִּתְּנָה לוֹ בְּמַתָּנָה — הֲרֵי זֶה מוּתָּר.

The Gemara raised an objection to Rava. If another person said to him: Lend me your cow, and the owner answered and said to him: Every cow that I purchased other than this one, which I need, is konam for you; or if he said: My property is forbidden to you if I have a cow other than this one, and in fact, he owns other cows; or if another said to him: Lend me your spade, and the owner of the spade said to him: Every spade that I have that I purchased is konam for you; or if he said: My property is forbidden to me if I have a spade other than this one, and it is discovered that he has another spade and the konam takes effect, then during the life of the one who vowed, the cow or the spade is forbidden to the subject of the vow. If the one who vowed died or if the cow or the spade was given to the subject of the vow as a gift, it is permitted. Apparently, the konam is in effect only as long as the property is in his possession.

אָמַר רַב אַחָא בְּרֵיהּ דְּרַב אִיקָא: שֶׁנִּיתְּנָה לוֹ עַל יְדֵי אַחֵר.

Rav Aḥa, son of Rav Ika, said: It is referring to a case where it was given to the subject of the vow by another person. The one who vowed did not give him the gift directly. He sold or transferred the item to a third party, who gave it to the subject of the vow as a present. Since the property left the possession of its owner before it was given to the subject of the vow, the prohibition does not take effect upon it.

אָמַר רַב אָשֵׁי: דַּיְקָא נָמֵי דְּקָתָנֵי ״שֶׁנִּיתְּנָה לוֹ״, וְלָא קָתָנֵי ״שֶׁנְּתָנָהּ לוֹ״.

The Gemara states that Rav Ashi said: The language is also precise, as it teaches: That was given to him, and it is not taught: That he gave it to him. This indicates that this halakha applies specifically to a gift that was given to him by a third party, but not by the one who vowed.

בְּעָא מִינֵּיהּ רָבָא מֵרַב נַחְמָן: יֵשׁ מְעִילָה בְּקוּנָּמוֹת, אוֹ לָא?

§ Rava raised a dilemma before Rav Naḥman: Is there liability for misuse of consecrated property in cases of konamot or not? Since the legal status of an item that was rendered a konam is like that of consecrated property in that it is forbidden to the one who one vowed, is it like consecrated property in every sense, including liability for misuse of consecrated property?

אֲמַר לֵיהּ, תְּנֵיתוּהָ: מְקוֹם שֶׁנּוֹטְלִין עָלֶיהָ שָׂכָר — תִּיפּוֹל הֲנָאָה לַהֶקְדֵּשׁ. לְמֵימְרָא כִּי הֶקְדֵּשׁ, מָה הֶקְדֵּשׁ יֵשׁ בּוֹ מְעִילָה — אַף קוּנָּמוֹת יֵשׁ בָּהֶן מְעִילָה.

Rav Naḥman said to him: You learned this halakha from a mishna (33a): In a place where one takes payment for returning a lost item, that benefit that he receives for returning the item should fall into the category of consecrated Temple property. That is to say, an item forbidden by a konam is like consecrated property. Just as with regard to consecrated property there is liability for misuse, so too with regard to konamot there is liability for misuse.

כְּתַנָּאֵי: ״קֻוֽנָּם כִּכָּר זוֹ הֶקְדֵּשׁ״ וַאֲכָלָהּ, בֵּין הוּא וּבֵין חֲבֵירוֹ — מָעַל, לְפִיכָךְ יֵשׁ לָהּ פִּדְיוֹן. ״כִּכָּר זוֹ עָלַי לְהֶקְדֵּשׁ״ וַאֲכָלָהּ, הוּא — מָעַל, חֲבֵירוֹ — לֹא מָעַל. לְפִיכָךְ אֵין לָהּ פִּדְיוֹן. דִּבְרֵי רַבִּי מֵאִיר.

The Gemara comments on this. This dilemma is like a dispute between tanna’im. If one said: This loaf is konam to all like consecrated property, and he ate it, then, whether he ate it or whether another ate it, the one who ate it misused consecrated property. Therefore, since its status is that of consecrated property, it has the possibility of desanctification through redemption. If one said: This loaf is konam for me like consecrated property and he eats it, he misused consecrated property. If another eats it, he did not misuse consecrated property, as he said: To me. Therefore, it does not have the possibility of desanctification through redemption, since its status is not that of full-fledged consecrated property. This is the statement of Rabbi Meir.

וַחֲכָמִים אוֹמְרִים: בֵּין כָּךְ וּבֵין כָּךְ לֹא מָעַל, לְפִי שֶׁאֵין מְעִילָה בְּקוּנָּמוֹת.

And the Rabbis say: In the case of both vows taken in this manner and vows taken in that manner, no one misused consecrated property because there is no liability for misuse of consecrated objects in cases of konamot. Rabbi Meir disagrees and holds that there is liability for misuse in konamot.

אֲמַר לֵיהּ רַב אַחָא בְּרֵיהּ דְּרַב אַוְיָא לְרַב אָשֵׁי: ״כִּכָּרִי עָלֶיךָ״ וּנְתָנָהּ לוֹ בְּמַתָּנָה, מִי מָעַל? לִמְעוֹל נוֹתֵן — הָא לָא אֲסִירָא עֲלֵיהּ! לִמְעוֹל מְקַבֵּל — יָכוֹל דְּאָמַר: הֶיתֵּירָא בְּעֵיתִי, אִיסּוּרָא לָא בְּעֵיתִי. אֲמַר לֵיהּ: מְקַבֵּל מָעַל לִכְשֶׁיּוֹצִיא, שֶׁכׇּל הַמּוֹצִיא מְעוֹת הֶקְדֵּשׁ לְחוּלִּין, כְּסָבוּר שֶׁל חוּלִּין הוּא — מוֹעֵל. אַף זֶה — מוֹעֵל.

Rav Aḥa, son of Rav Avya, said to Rav Ashi: If one said to another: My loaf is konam for you, and he then gave it to him as a gift, which of them misused consecrated property? If you say: Let the one who gives the loaf be liable for misuse, why would he be liable; the loaf is not forbidden to him? If you say: Let the one who receives the loaf be liable for misuse, he can say: I wanted to receive a permitted item; I did not want to receive a forbidden item. Since the loaf is forbidden, if I accepted it from you, it was not my intention to do so. Rav Ashi said to him: The one who receives the loaf is liable for misuse when he utilizes the loaf, as the principle with regard to misuse is that anyone who utilizes consecrated money for non-sacred purposes, when he is under the impression that it is non-sacred, misuses consecrated property. This person who received the loaf also misuses consecrated property.

מַתְנִי׳ וְתוֹרֵם אֶת תְּרוּמָתוֹ וּמַעְשְׂרוֹתָיו לְדַעְתּוֹ, וּמַקְרִיב עָלָיו קִינֵּי זָבִין, קִינֵּי זָבוֹת, קִינֵּי יוֹלְדוֹת, חַטָּאוֹת וַאֲשָׁמוֹת. וּמְלַמְּדוֹ מִדְרָשׁ הֲלָכוֹת וְאַגָּדוֹת, אֲבָל לֹא יְלַמְּדֶנּוּ מִקְרָא. אֲבָל מְלַמֵּד הוּא אֶת בָּנָיו וְאֶת בְּנוֹתָיו מִקְרָא.

MISHNA: The mishna proceeds to list other tasks that one may perform for someone who is prohibited by vow from benefiting from him. And he separates his teruma and his tithes, provided that it is with the knowledge and consent of the owner of the produce. And he sacrifices for him the bird nests, i.e., pairs of birds, pigeons and turtledoves, of zavin (see Leviticus 15:13–15); the bird nests of zavot (see Leviticus 15:28–30); the bird nests of women after childbirth (see Leviticus 12:6–8); sin-offerings; and guilt-offerings. And he teaches him midrash, halakhot, and aggadot, but he may not teach him Bible. However, he may teach his sons and daughters Bible.

גְּמָ׳ אִיבַּעְיָא לְהוּ: הָנֵי כָּהֲנֵי, שְׁלוּחֵי דִידַן הָווּ, אוֹ שְׁלוּחֵי דִשְׁמַיָּא? לְמַאי נָפְקָא מִינַּהּ — לְמוּדָּר הֲנָאָה. אִי אָמְרַתְּ דִּשְׁלוּחֵי דִידַן הָווּ, הָא מְהַנֵּי לֵיהּ וְאָסוּר. וְאִי אָמְרַתְּ שְׁלוּחֵי דִשְׁמַיָּא — שְׁרֵי. מַאי?

GEMARA: A dilemma was raised before the Sages: Are these priests our agents or agents of Heaven when they perform the Temple service? The Gemara elaborates: What is the practical difference whether they are our agents or God’s agents? The Gemara answers: The difference is with regard to one prohibited by vow from deriving benefit from another. If you say that the priests are our agents, don’t the priests provide benefit for the one for whom benefit is forbidden by vow, and therefore, sacrificing that person’s offering is prohibited? And if you say that they are agents of Heaven, it is permitted. What is the status of priests?

תָּא שְׁמַע, דִּתְנַן: מַקְרִיב עָלָיו קִינֵּי זָבִין כּוּ׳. אִי אָמְרַתְּ שְׁלוּחֵי דִידַן, קָא מְהַנֵּי לֵיהּ?

Come and hear proof to resolve the dilemma, as we learned in the mishna: And he sacrifices for him the bird nests of zavin, etc. The Gemara infers: If you say that the priests are our agents, the priests would thereby provide benefit to one for whom benefit from them is forbidden. Based on the ruling in the mishna, apparently, priests are agents of Heaven.

וְלִיטַעְמָיךְ, לִיתְנֵי: מַקְרִיב עָלָיו קׇרְבָּנוֹת! אֶלָּא, מְחוּסְּרֵי כַפָּרָה שָׁאנֵי. דְּאָמַר רַבִּי יוֹחָנָן: הַכֹּל צְרִיכִין דַּעַת, חוּץ מִמְּחוּסְּרֵי כַפָּרָה. שֶׁהֲרֵי אָדָם מֵבִיא קׇרְבָּן עַל בָּנָיו וְעַל בְּנוֹתָיו הַקְּטַנִּים, שֶׁנֶּאֱמַר: ״זֹאת תּוֹרַת הַזָּב״, בֵּין גָּדוֹל בֵּין קָטָן.

The Gemara rejects the proof: And according to your reasoning, that the mishna holds that priests are agents of Heaven, let the mishna teach in general: He sacrifices for him offerings. Why did the mishna list these particular offerings? Rather, perforce, offerings brought by those lacking atonement are different from other offerings, as Rabbi Yoḥanan said: Everyone who brings an offering requires knowledge and intent in order to bring the offering, except for those lacking atonement, who bring the offering in order to complete their purification. This can be proven from the fact that a person brings a purification offering for his minor sons and daughters, although they lack halakhic intelligence, as it is stated: “This is the law of the zav” (Leviticus 15:32). This apparently superfluous verse comes to teach that the halakhot of the zav apply to both an adult and a minor.

אֶלָּא מֵעַתָּה, לְרַבִּי יוֹחָנָן ״זֹאת תּוֹרַת הַיֹּלֶדֶת וְגוֹ׳״, בֵּין קְטַנָּה וּבֵין גְּדוֹלָה? קְטַנָּה בַּת לֵידָה הִיא?! וְהָא תָּנֵי רַב בִּיבִי קַמֵּיהּ דְּרַב נַחְמָן: שָׁלֹשׁ נָשִׁים מְשַׁמְּשׁוֹת בְּמוֹךְ: קְטַנָּה וּמְעוּבֶּרֶת וּמְנִיקָה. קְטַנָּה — שֶׁמָּא תִּתְעַבֵּר וְתָמוּת.

The Gemara asks: However, if that is so according to Rabbi Yoḥanan, with regard to that which is written: “This is the law of a woman after childbirth” (Leviticus 12:7), would he interpret that the halakhot of a woman after childbirth apply to both an adult and a minor? Is a minor capable of giving birth? But didn’t Rav Beivai teach a baraita before Rav Naḥman: It is permitted for three women to engage in intercourse with a contraceptive resorbent: A minor, and a pregnant woman, and a nursing woman; a minor may do so lest she conceive and die. Apparently, a minor is incapable of giving birth, as she would die first.

הַהִיא ״זֹאת תּוֹרַת הַיֹּלֶדֶת״, בֵּין פִּקַּחַת בֵּין שׁוֹטָה, שֶׁכֵּן אָדָם מֵבִיא קׇרְבָּן עַל אִשְׁתּוֹ שׁוֹטָה,

The Gemara explains: That verse: “This is the law of a woman after childbirth,” does not come to include a minor. Rather, it comes to teach that the halakhot of a woman after childbirth apply to both a halakhically competent woman and a woman who is an imbecile, as a man brings an offering for his wife who is an imbecile.

כְּדִבְרֵי רַבִּי יְהוּדָה. דְּתַנְיָא, רַבִּי יְהוּדָה אוֹמֵר: אָדָם מֵבִיא קׇרְבַּן עָשִׁיר עַל אִשְׁתּוֹ, וְכׇל קׇרְבָּנוֹת שֶׁחַיֶּיבֶת,

This halakha is in accordance with the statement of Rabbi Yehuda, as it is taught in a baraita that Rabbi Yehuda says: A man brings the offering of a wealthy person for his wife, as well as all offerings that she is obligated to bring. A wealthy woman after childbirth brings a lamb as a burnt-offering and a dove or turtledove as a sin-offering. A poor woman brings two turtledoves or two pigeons, one as a burnt-offering and one as a sin-offering. Even if the woman is poor, and based on her usufruct property, she would bring the offering of the poor; if her husband is wealthy, he brings the offering of a wealthy person on her behalf. And he must bring on her behalf all the offerings for which she is obligated.

שֶׁכָּךְ כּוֹתֵב לָהּ: וְאַחְרָיוּת דְּאִית לִיךְ עֲלַי מִן קַדְמַת דְּנָא.

The fact that he is obligated to bring a wealthy person’s offering on her behalf is due to the fact that this is what he writes in her marriage contract: And responsibility to pay any financial obligations that you have incurred before this moment is incumbent upon me. Offerings that she is obligated to bring are included in those obligations, irrespective of her degree of halakhic competence. The offering of a woman after childbirth is one of the offerings brought by those lacking atonement. Therefore, even if priests are our agents, they may sacrifice the offering on behalf of the woman; since they may do so without her knowledge and intent, no agency is required. Therefore, there is no proof from the mishna that priests are agents of Heaven.

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

At almost 70 I am just beginning my journey with Talmud and Hadran. I began not late, but right when I was called to learn. It is never too late to begin! The understanding patience of staff and participants with more experience and knowledge has been fabulous. The joy of learning never stops and for me. It is a new life, a new light, a new depth of love of The Holy One, Blessed be He.
Deborah Hoffman-Wade
Deborah Hoffman-Wade

Richmond, CA, United States

I started at the beginning of this cycle. No 1 reason, but here’s 5.
In 2019 I read about the upcoming siyum hashas.
There was a sermon at shul about how anyone can learn Talmud.
Talmud references come up when I am studying. I wanted to know more.
Yentl was on telly. Not a great movie but it’s about studying Talmud.
I went to the Hadran website: A new cycle is starting. I’m gonna do this

Denise Neapolitan
Denise Neapolitan

Cambridge, United Kingdom

I heard about the syium in January 2020 & I was excited to start learning then the pandemic started. Learning Daf became something to focus on but also something stressful. As the world changed around me & my family I had to adjust my expectations for myself & the world. Daf Yomi & the Hadran podcast has been something I look forward to every day. It gives me a moment of centering & Judaism daily.

Talia Haykin
Talia Haykin

Denver, United States

What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.

Marian Frankston
Marian Frankston

Pennsylvania, United States

When the new cycle began, I thought, If not now, when? I’d just turned 72. I feel like a tourist on a tour bus passing astonishing scenery each day. Rabbanit Michelle is my beloved tour guide. When the cycle ends, I’ll be 80. I pray that I’ll have strength and mind to continue the journey to glimpse a little more. My grandchildren think having a daf-learning savta is cool!

Wendy Dickstein
Wendy Dickstein

Jerusalem, Israel

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!

Lisa Lawrence
Lisa Lawrence

Neve Daniel, Israel

In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.

Rhondda May
Rhondda May

Atlanta, Georgia, United States

Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .

Jill Felder
Jill Felder

Pittsburgh, Pennsylvania, United States

After being so inspired by the siyum shas two years ago, I began tentatively learning daf yomi, like Rabbanut Michelle kept saying – taking one daf at a time. I’m still taking it one daf at a time, one masechet at a time, but I’m loving it and am still so inspired by Rabbanit Michelle and the Hadran community, and yes – I am proud to be finishing Seder Mo’ed.

Caroline Graham-Ofstein
Caroline Graham-Ofstein

Bet Shemesh, Israel

I had tried to start after being inspired by the hadran siyum, but did not manage to stick to it. However, just before masechet taanit, our rav wrote a message to the shul WhatsApp encouraging people to start with masechet taanit, so I did! And this time, I’m hooked! I listen to the shiur every day , and am also trying to improve my skills.

Laura Major
Laura Major

Yad Binyamin, Israel

In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.

Reena Slovin
Reena Slovin

Worcester, United States

In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!

Beth Kissileff
Beth Kissileff

Pittsburgh, United States

Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.

Rebecca Stulberg
Rebecca Stulberg

Ottawa, Canada

I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)

Barbara-Goldschlag
Barbara Goldschlag

Silver Spring, MD, United States

When the new cycle began, I thought, If not now, when? I’d just turned 72. I feel like a tourist on a tour bus passing astonishing scenery each day. Rabbanit Michelle is my beloved tour guide. When the cycle ends, I’ll be 80. I pray that I’ll have strength and mind to continue the journey to glimpse a little more. My grandchildren think having a daf-learning savta is cool!

Wendy Dickstein
Wendy Dickstein

Jerusalem, Israel

Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

Nancy Kolodny
Nancy Kolodny

Newton, United States

What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.

Marian Frankston
Marian Frankston

Pennsylvania, United States

When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.

Ruth Leah Kahan
Ruth Leah Kahan

Ra’anana, Israel

I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

Nedarim 35

אֵיתִיבֵיהּ, אָמַר לוֹ: ״הַשְׁאִילֵנִי פָּרָתְךָ״, אָמַר לוֹ: ״קֻוֽנָּם פָּרָה שֶׁאֲנִי קָנוּי לָךְ״, ״נְכָסַי עָלֶיךָ אִם יֵשׁ לִי פָּרָה אֶלָּא זוֹ״. ״הַשְׁאִילֵנִי קַרְדּוּמְּךָ״, אָמַר לוֹ: ״קֻוֽנָּם קַרְדּוֹם שֶׁיֵּשׁ לִי שֶׁאֲנִי קָנוּי״, ״נְכָסַי עָלַי אִם יֵשׁ לִי קַרְדּוֹם אֶלָּא זֶה״, וְנִמְצָא שֶׁיֵּשׁ לוֹ — בְּחַיָּיו אָסוּר, מֵת אוֹ שֶׁנִּתְּנָה לוֹ בְּמַתָּנָה — הֲרֵי זֶה מוּתָּר.

The Gemara raised an objection to Rava. If another person said to him: Lend me your cow, and the owner answered and said to him: Every cow that I purchased other than this one, which I need, is konam for you; or if he said: My property is forbidden to you if I have a cow other than this one, and in fact, he owns other cows; or if another said to him: Lend me your spade, and the owner of the spade said to him: Every spade that I have that I purchased is konam for you; or if he said: My property is forbidden to me if I have a spade other than this one, and it is discovered that he has another spade and the konam takes effect, then during the life of the one who vowed, the cow or the spade is forbidden to the subject of the vow. If the one who vowed died or if the cow or the spade was given to the subject of the vow as a gift, it is permitted. Apparently, the konam is in effect only as long as the property is in his possession.

אָמַר רַב אַחָא בְּרֵיהּ דְּרַב אִיקָא: שֶׁנִּיתְּנָה לוֹ עַל יְדֵי אַחֵר.

Rav Aḥa, son of Rav Ika, said: It is referring to a case where it was given to the subject of the vow by another person. The one who vowed did not give him the gift directly. He sold or transferred the item to a third party, who gave it to the subject of the vow as a present. Since the property left the possession of its owner before it was given to the subject of the vow, the prohibition does not take effect upon it.

אָמַר רַב אָשֵׁי: דַּיְקָא נָמֵי דְּקָתָנֵי ״שֶׁנִּיתְּנָה לוֹ״, וְלָא קָתָנֵי ״שֶׁנְּתָנָהּ לוֹ״.

The Gemara states that Rav Ashi said: The language is also precise, as it teaches: That was given to him, and it is not taught: That he gave it to him. This indicates that this halakha applies specifically to a gift that was given to him by a third party, but not by the one who vowed.

בְּעָא מִינֵּיהּ רָבָא מֵרַב נַחְמָן: יֵשׁ מְעִילָה בְּקוּנָּמוֹת, אוֹ לָא?

§ Rava raised a dilemma before Rav Naḥman: Is there liability for misuse of consecrated property in cases of konamot or not? Since the legal status of an item that was rendered a konam is like that of consecrated property in that it is forbidden to the one who one vowed, is it like consecrated property in every sense, including liability for misuse of consecrated property?

אֲמַר לֵיהּ, תְּנֵיתוּהָ: מְקוֹם שֶׁנּוֹטְלִין עָלֶיהָ שָׂכָר — תִּיפּוֹל הֲנָאָה לַהֶקְדֵּשׁ. לְמֵימְרָא כִּי הֶקְדֵּשׁ, מָה הֶקְדֵּשׁ יֵשׁ בּוֹ מְעִילָה — אַף קוּנָּמוֹת יֵשׁ בָּהֶן מְעִילָה.

Rav Naḥman said to him: You learned this halakha from a mishna (33a): In a place where one takes payment for returning a lost item, that benefit that he receives for returning the item should fall into the category of consecrated Temple property. That is to say, an item forbidden by a konam is like consecrated property. Just as with regard to consecrated property there is liability for misuse, so too with regard to konamot there is liability for misuse.

כְּתַנָּאֵי: ״קֻוֽנָּם כִּכָּר זוֹ הֶקְדֵּשׁ״ וַאֲכָלָהּ, בֵּין הוּא וּבֵין חֲבֵירוֹ — מָעַל, לְפִיכָךְ יֵשׁ לָהּ פִּדְיוֹן. ״כִּכָּר זוֹ עָלַי לְהֶקְדֵּשׁ״ וַאֲכָלָהּ, הוּא — מָעַל, חֲבֵירוֹ — לֹא מָעַל. לְפִיכָךְ אֵין לָהּ פִּדְיוֹן. דִּבְרֵי רַבִּי מֵאִיר.

The Gemara comments on this. This dilemma is like a dispute between tanna’im. If one said: This loaf is konam to all like consecrated property, and he ate it, then, whether he ate it or whether another ate it, the one who ate it misused consecrated property. Therefore, since its status is that of consecrated property, it has the possibility of desanctification through redemption. If one said: This loaf is konam for me like consecrated property and he eats it, he misused consecrated property. If another eats it, he did not misuse consecrated property, as he said: To me. Therefore, it does not have the possibility of desanctification through redemption, since its status is not that of full-fledged consecrated property. This is the statement of Rabbi Meir.

וַחֲכָמִים אוֹמְרִים: בֵּין כָּךְ וּבֵין כָּךְ לֹא מָעַל, לְפִי שֶׁאֵין מְעִילָה בְּקוּנָּמוֹת.

And the Rabbis say: In the case of both vows taken in this manner and vows taken in that manner, no one misused consecrated property because there is no liability for misuse of consecrated objects in cases of konamot. Rabbi Meir disagrees and holds that there is liability for misuse in konamot.

אֲמַר לֵיהּ רַב אַחָא בְּרֵיהּ דְּרַב אַוְיָא לְרַב אָשֵׁי: ״כִּכָּרִי עָלֶיךָ״ וּנְתָנָהּ לוֹ בְּמַתָּנָה, מִי מָעַל? לִמְעוֹל נוֹתֵן — הָא לָא אֲסִירָא עֲלֵיהּ! לִמְעוֹל מְקַבֵּל — יָכוֹל דְּאָמַר: הֶיתֵּירָא בְּעֵיתִי, אִיסּוּרָא לָא בְּעֵיתִי. אֲמַר לֵיהּ: מְקַבֵּל מָעַל לִכְשֶׁיּוֹצִיא, שֶׁכׇּל הַמּוֹצִיא מְעוֹת הֶקְדֵּשׁ לְחוּלִּין, כְּסָבוּר שֶׁל חוּלִּין הוּא — מוֹעֵל. אַף זֶה — מוֹעֵל.

Rav Aḥa, son of Rav Avya, said to Rav Ashi: If one said to another: My loaf is konam for you, and he then gave it to him as a gift, which of them misused consecrated property? If you say: Let the one who gives the loaf be liable for misuse, why would he be liable; the loaf is not forbidden to him? If you say: Let the one who receives the loaf be liable for misuse, he can say: I wanted to receive a permitted item; I did not want to receive a forbidden item. Since the loaf is forbidden, if I accepted it from you, it was not my intention to do so. Rav Ashi said to him: The one who receives the loaf is liable for misuse when he utilizes the loaf, as the principle with regard to misuse is that anyone who utilizes consecrated money for non-sacred purposes, when he is under the impression that it is non-sacred, misuses consecrated property. This person who received the loaf also misuses consecrated property.

מַתְנִי׳ וְתוֹרֵם אֶת תְּרוּמָתוֹ וּמַעְשְׂרוֹתָיו לְדַעְתּוֹ, וּמַקְרִיב עָלָיו קִינֵּי זָבִין, קִינֵּי זָבוֹת, קִינֵּי יוֹלְדוֹת, חַטָּאוֹת וַאֲשָׁמוֹת. וּמְלַמְּדוֹ מִדְרָשׁ הֲלָכוֹת וְאַגָּדוֹת, אֲבָל לֹא יְלַמְּדֶנּוּ מִקְרָא. אֲבָל מְלַמֵּד הוּא אֶת בָּנָיו וְאֶת בְּנוֹתָיו מִקְרָא.

MISHNA: The mishna proceeds to list other tasks that one may perform for someone who is prohibited by vow from benefiting from him. And he separates his teruma and his tithes, provided that it is with the knowledge and consent of the owner of the produce. And he sacrifices for him the bird nests, i.e., pairs of birds, pigeons and turtledoves, of zavin (see Leviticus 15:13–15); the bird nests of zavot (see Leviticus 15:28–30); the bird nests of women after childbirth (see Leviticus 12:6–8); sin-offerings; and guilt-offerings. And he teaches him midrash, halakhot, and aggadot, but he may not teach him Bible. However, he may teach his sons and daughters Bible.

גְּמָ׳ אִיבַּעְיָא לְהוּ: הָנֵי כָּהֲנֵי, שְׁלוּחֵי דִידַן הָווּ, אוֹ שְׁלוּחֵי דִשְׁמַיָּא? לְמַאי נָפְקָא מִינַּהּ — לְמוּדָּר הֲנָאָה. אִי אָמְרַתְּ דִּשְׁלוּחֵי דִידַן הָווּ, הָא מְהַנֵּי לֵיהּ וְאָסוּר. וְאִי אָמְרַתְּ שְׁלוּחֵי דִשְׁמַיָּא — שְׁרֵי. מַאי?

GEMARA: A dilemma was raised before the Sages: Are these priests our agents or agents of Heaven when they perform the Temple service? The Gemara elaborates: What is the practical difference whether they are our agents or God’s agents? The Gemara answers: The difference is with regard to one prohibited by vow from deriving benefit from another. If you say that the priests are our agents, don’t the priests provide benefit for the one for whom benefit is forbidden by vow, and therefore, sacrificing that person’s offering is prohibited? And if you say that they are agents of Heaven, it is permitted. What is the status of priests?

תָּא שְׁמַע, דִּתְנַן: מַקְרִיב עָלָיו קִינֵּי זָבִין כּוּ׳. אִי אָמְרַתְּ שְׁלוּחֵי דִידַן, קָא מְהַנֵּי לֵיהּ?

Come and hear proof to resolve the dilemma, as we learned in the mishna: And he sacrifices for him the bird nests of zavin, etc. The Gemara infers: If you say that the priests are our agents, the priests would thereby provide benefit to one for whom benefit from them is forbidden. Based on the ruling in the mishna, apparently, priests are agents of Heaven.

וְלִיטַעְמָיךְ, לִיתְנֵי: מַקְרִיב עָלָיו קׇרְבָּנוֹת! אֶלָּא, מְחוּסְּרֵי כַפָּרָה שָׁאנֵי. דְּאָמַר רַבִּי יוֹחָנָן: הַכֹּל צְרִיכִין דַּעַת, חוּץ מִמְּחוּסְּרֵי כַפָּרָה. שֶׁהֲרֵי אָדָם מֵבִיא קׇרְבָּן עַל בָּנָיו וְעַל בְּנוֹתָיו הַקְּטַנִּים, שֶׁנֶּאֱמַר: ״זֹאת תּוֹרַת הַזָּב״, בֵּין גָּדוֹל בֵּין קָטָן.

The Gemara rejects the proof: And according to your reasoning, that the mishna holds that priests are agents of Heaven, let the mishna teach in general: He sacrifices for him offerings. Why did the mishna list these particular offerings? Rather, perforce, offerings brought by those lacking atonement are different from other offerings, as Rabbi Yoḥanan said: Everyone who brings an offering requires knowledge and intent in order to bring the offering, except for those lacking atonement, who bring the offering in order to complete their purification. This can be proven from the fact that a person brings a purification offering for his minor sons and daughters, although they lack halakhic intelligence, as it is stated: “This is the law of the zav” (Leviticus 15:32). This apparently superfluous verse comes to teach that the halakhot of the zav apply to both an adult and a minor.

אֶלָּא מֵעַתָּה, לְרַבִּי יוֹחָנָן ״זֹאת תּוֹרַת הַיֹּלֶדֶת וְגוֹ׳״, בֵּין קְטַנָּה וּבֵין גְּדוֹלָה? קְטַנָּה בַּת לֵידָה הִיא?! וְהָא תָּנֵי רַב בִּיבִי קַמֵּיהּ דְּרַב נַחְמָן: שָׁלֹשׁ נָשִׁים מְשַׁמְּשׁוֹת בְּמוֹךְ: קְטַנָּה וּמְעוּבֶּרֶת וּמְנִיקָה. קְטַנָּה — שֶׁמָּא תִּתְעַבֵּר וְתָמוּת.

The Gemara asks: However, if that is so according to Rabbi Yoḥanan, with regard to that which is written: “This is the law of a woman after childbirth” (Leviticus 12:7), would he interpret that the halakhot of a woman after childbirth apply to both an adult and a minor? Is a minor capable of giving birth? But didn’t Rav Beivai teach a baraita before Rav Naḥman: It is permitted for three women to engage in intercourse with a contraceptive resorbent: A minor, and a pregnant woman, and a nursing woman; a minor may do so lest she conceive and die. Apparently, a minor is incapable of giving birth, as she would die first.

הַהִיא ״זֹאת תּוֹרַת הַיֹּלֶדֶת״, בֵּין פִּקַּחַת בֵּין שׁוֹטָה, שֶׁכֵּן אָדָם מֵבִיא קׇרְבָּן עַל אִשְׁתּוֹ שׁוֹטָה,

The Gemara explains: That verse: “This is the law of a woman after childbirth,” does not come to include a minor. Rather, it comes to teach that the halakhot of a woman after childbirth apply to both a halakhically competent woman and a woman who is an imbecile, as a man brings an offering for his wife who is an imbecile.

כְּדִבְרֵי רַבִּי יְהוּדָה. דְּתַנְיָא, רַבִּי יְהוּדָה אוֹמֵר: אָדָם מֵבִיא קׇרְבַּן עָשִׁיר עַל אִשְׁתּוֹ, וְכׇל קׇרְבָּנוֹת שֶׁחַיֶּיבֶת,

This halakha is in accordance with the statement of Rabbi Yehuda, as it is taught in a baraita that Rabbi Yehuda says: A man brings the offering of a wealthy person for his wife, as well as all offerings that she is obligated to bring. A wealthy woman after childbirth brings a lamb as a burnt-offering and a dove or turtledove as a sin-offering. A poor woman brings two turtledoves or two pigeons, one as a burnt-offering and one as a sin-offering. Even if the woman is poor, and based on her usufruct property, she would bring the offering of the poor; if her husband is wealthy, he brings the offering of a wealthy person on her behalf. And he must bring on her behalf all the offerings for which she is obligated.

שֶׁכָּךְ כּוֹתֵב לָהּ: וְאַחְרָיוּת דְּאִית לִיךְ עֲלַי מִן קַדְמַת דְּנָא.

The fact that he is obligated to bring a wealthy person’s offering on her behalf is due to the fact that this is what he writes in her marriage contract: And responsibility to pay any financial obligations that you have incurred before this moment is incumbent upon me. Offerings that she is obligated to bring are included in those obligations, irrespective of her degree of halakhic competence. The offering of a woman after childbirth is one of the offerings brought by those lacking atonement. Therefore, even if priests are our agents, they may sacrifice the offering on behalf of the woman; since they may do so without her knowledge and intent, no agency is required. Therefore, there is no proof from the mishna that priests are agents of Heaven.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete