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Today's Daf Yomi

December 9, 2022 | ט״ו בכסלו תשפ״ג

  • Masechet Nedarim is sponsored by Aviva and Benny Adler in honor of our mother Lorraine Kahane and in loving memory of our parents Joseph Kahane z"l, Miriam and Ari Adler z"l.

  • This month’s learning is sponsored by Shlomo and Amalia Klapper in honor of the birth of Chiyenna Yochana, named after her great-great-grandmother, Chiyenna Kossovsky.

  • This month's learning is sponsored by Elaine Hochberg in honor of her husband, Arie Hochberg, who continues to journey through Daf Yomi with her. “And with thanks to Rabbanit Farber and Hadran who have made our learning possible.”

Nedarim 45

Today’s daf is sponsored by Martin Gaynor in loving memory of Elaine Gaynor on her first yahrzeit. 
Today’s daf is sponsored by Dr. Bill and Malka Abraham in honor of the engagement of their daughter Alison, Chana Rivka Bracha to Aviv. 

After another braita is brought to raise a difficulty against Reish Lakish’s explanation of the other braita regarding hefker, that it was entirely Rabbi Yosi’s opinion, the Gemara brings a second resolution in which they distinguish between hefker that is done in front of two people and hefker that is done in front of three. To strengthen the resolution, they bring Rabbi Yochanan’s words, who quoted from Rabbi Shimon ben Yehotzedek, who said that hefker made in front of two people is not hefker. Rabbi Yehoshua ben Levi disagrees and believes that the hefker even in front of one is hefker by Torah law, and only by rabbinic law, it must be done in front of three so that one will take the item and two can testify about that. If two people are forbidden to benefit from each other, and they live in the common yard, are they allowed to go into the courtyard? The rabbis and Rabbi Eliezer ben Ya’akov disagree on this matter.

איבעית אימא הא דאפקריה באנפי תרין והא דאפקריה באפי תלתא דאמר רבי יוחנן משום רבי שמעון בן יהוצדק כל המפקיר בפני שלשה הוי הפקר בפני שנים לא הוי הפקר

If you wish, say instead: That baraita, in which it is taught that the item does not leave the possession of the owner until it enters the possession of another, is referring to a case where one declared it ownerless before two people; and this baraita, in which it is taught that the item is ownerless when it is declared ownerless, is referring to a case where one declared it ownerless before three people. As Rabbi Yoḥanan said in the name of Rabbi Shimon ben Yehotzadak: With regard to anyone who declares an item ownerless before three people, that item is ownerless; if he does so before two people, it is not ownerless.

ורבי יהושע בן לוי אמר דבר תורה אפילו באחד הוי הפקר ומה טעם אמרו בשלשה כדי שיהא אחד זוכה ושנים מעידין

And Rabbi Yehoshua ben Levi said: By Torah law, even with one person, the item is ownerless, and what is the reason that the Sages said that ownerless status must be declared with three people? It is so that one will take possession of the item and two will testify that the item was declared ownerless and that it was acquired by that person. It is not a requirement fundamental to the declaration of ownerless status.

הדרן עלך אין בין המודר

 

מתני׳ השותפין שנדרו הנאה זה מזה אסורין ליכנס לחצר רבי אליעזר בן יעקב אומר זה נכנס לתוך שלו וזה נכנס לתוך שלו

MISHNA: Partners who vowed not to derive benefit from one another are prohibited from entering into a courtyard that they jointly own, since each one has a portion in it and benefits from the share owned by the other, thereby leading to a violation of the vow. Rabbi Eliezer ben Ya’akov says: It is permitted for both to use the courtyard, as it can be said that since each has a portion in the courtyard; this one enters into his own portion and that one enters into his own portion.

  • Masechet Nedarim is sponsored by Aviva and Benny Adler in honor of our mother Lorraine Kahane and in loving memory of our parents Joseph Kahane z"l, Miriam and Ari Adler z"l.

  • This month’s learning is sponsored by Shlomo and Amalia Klapper in honor of the birth of Chiyenna Yochana, named after her great-great-grandmother, Chiyenna Kossovsky.

  • This month's learning is sponsored by Elaine Hochberg in honor of her husband, Arie Hochberg, who continues to journey through Daf Yomi with her. “And with thanks to Rabbanit Farber and Hadran who have made our learning possible.”

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Nedarim 45

איבעית אימא הא דאפקריה באנפי תרין והא דאפקריה באפי תלתא דאמר רבי יוחנן משום רבי שמעון בן יהוצדק כל המפקיר בפני שלשה הוי הפקר בפני שנים לא הוי הפקר

If you wish, say instead: That baraita, in which it is taught that the item does not leave the possession of the owner until it enters the possession of another, is referring to a case where one declared it ownerless before two people; and this baraita, in which it is taught that the item is ownerless when it is declared ownerless, is referring to a case where one declared it ownerless before three people. As Rabbi Yoḥanan said in the name of Rabbi Shimon ben Yehotzadak: With regard to anyone who declares an item ownerless before three people, that item is ownerless; if he does so before two people, it is not ownerless.

ורבי יהושע בן לוי אמר דבר תורה אפילו באחד הוי הפקר ומה טעם אמרו בשלשה כדי שיהא אחד זוכה ושנים מעידין

And Rabbi Yehoshua ben Levi said: By Torah law, even with one person, the item is ownerless, and what is the reason that the Sages said that ownerless status must be declared with three people? It is so that one will take possession of the item and two will testify that the item was declared ownerless and that it was acquired by that person. It is not a requirement fundamental to the declaration of ownerless status.

הדרן עלך אין בין המודר

 

מתני׳ השותפין שנדרו הנאה זה מזה אסורין ליכנס לחצר רבי אליעזר בן יעקב אומר זה נכנס לתוך שלו וזה נכנס לתוך שלו

MISHNA: Partners who vowed not to derive benefit from one another are prohibited from entering into a courtyard that they jointly own, since each one has a portion in it and benefits from the share owned by the other, thereby leading to a violation of the vow. Rabbi Eliezer ben Ya’akov says: It is permitted for both to use the courtyard, as it can be said that since each has a portion in the courtyard; this one enters into his own portion and that one enters into his own portion.

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