Search

Nedarim 48

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 Deborah Schabes in memory of her mother’s yahrzeit, Judith Schoenfeld Schabes.
Today’s daf is sponsored by Ilana Friedman in memory of Yosef Eliezer Ben Chaim whose shloshim recently passed. “He was a devoted Torah scholar and my best friend’s father – someone dear to my heart.”
If one is forbidden to benefit from another, they can benefit from public spaces that were made ownerless, but not from ones that are owned by the people in the city. What can be done to rectify this situation? If one cannot benefit from another but needs food, the other person can give the food as a gift to someone else, and then the one who is vowed not to benefit can take the food from them. However, a story is told of a son whose father couldn’t benefit from him and the son was marrying off his own son and wanted the father to attend the wedding. He gifted his meal and courtyard to someone else and said that he was doing it in order to allow his father to eat. The person he gave it to did not like being used in order to allow them to go against their vow and therefore sanctified it all to the Temple. After this, the rabbis said that if one gives a gift in a limited manner that the other will not be able to sanctify it if they want, then it is not a valid gift. The Gemara brings a story of a father who vowed that his son not benefit from him, but then wanted to give his property to his son in order to give it to his grandson in the event that the grandson becomes a Torah scholar. Is this possible? In Pumbedita they ruled that it didn’t work and Rav Nachman ruled that it did. Rav Ashi and Rava raised difficulties for Rav Nachman. He answered Rava’s question with two possible answers.

Nedarim 48

וַאֲסוּרִים בְּדָבָר שֶׁל אוֹתָהּ הָעִיר. וְאֵיזֶהוּ דָּבָר שֶׁל עוֹלֵי בָּבֶל — כְּגוֹן הַר הַבַּיִת, וְהָעֲזָרוֹת, וְהַבּוֹר שֶׁבְּאֶמְצַע הַדֶּרֶךְ. וְאֵיזֶהוּ דָּבָר שֶׁל אוֹתָהּ הָעִיר — כְּגוֹן הָרְחָבָה, וְהַמֶּרְחָץ, וּבֵית הַכְּנֶסֶת, וְהַתֵּיבָה, וְהַסְּפָרִים. וְהַכּוֹתֵב חֶלְקוֹ לַנָּשִׂיא.

But it is prohibited for them to benefit from objects of that city, which are considered to be jointly owned by all its residents. And what are examples of objects belonging to those who ascended from Babylonia? For example, the Temple Mount, and the Temple Courtyards, and the water cistern in the middle of the road. And what are objects of that city? For example, the city square, and the bathhouse, and the synagogue, and the ark which houses the Torah scrolls, and the Torah scrolls. And one who writes, i.e., signs, his portion of the shared objects of that city over to the Nasi.

רַבִּי יְהוּדָה אוֹמֵר: אֶחָד כּוֹתֵב לַנָּשִׂיא, וְאֶחָד כּוֹתֵב לַהֶדְיוֹט. מָה בֵּין כּוֹתֵב לַנָּשִׂיא לַכּוֹתֵב לַהֶדְיוֹט? שֶׁהַכּוֹתֵב לַנָּשִׂיא אֵין צָרִיךְ לְזַכּוֹת, לַהֶדְיוֹט צָרִיךְ לְזַכּוֹת. וַחֲכָמִים אוֹמְרִים: אֶחָד זֶה וְאֶחָד זֶה צְרִיכִין לְזַכּוֹת, לֹא דִּבְּרוּ בְּנָשִׂיא אֶלָּא בַּהֹוֶה. רַבִּי יְהוּדָה אוֹמֵר: אֵין אַנְשֵׁי גָלִיל צְרִיכִין לִכְתּוֹב, שֶׁכְּבָר כָּתְבוּ אֲבוֹתֵיהֶן עַל יְדֵיהֶן.

Rabbi Yehuda says: This is the halakha with regard to both one who writes his portion over to the Nasi and one who writes it over to a common person. Rabbi Yehuda adds: What is the difference between one who writes it over to the Nasi and one who writes it over to a common person? That one who writes it to the Nasi need not formally confer possession of the item, whereas one who writes it over to a common person must confer possession to him. And the Rabbis say: Both this one and that one must confer possession, and they specifically mentioned the Nasi only so as to speak in the present, addressing situations that were prevalent. Rabbi Yehuda says: The people of Galilee do not have to write their portion over to the Nasi because their fathers already wrote it for them, declaring that all the public property belongs to him.

גְּמָ׳ אַמַּאי מִיתְּסַר? אָמַר רַב שֵׁשֶׁת, הָכִי קָתָנֵי: וּמָה תַּקָּנָתָן — יִכְתְּבוּ חֶלְקָן לַנָּשִׂיא.

GEMARA: The mishna appears to teach that one who is prohibited by a vow from benefiting from another may not benefit from property written over to the Nasi. The Gemara asks: Why is it forbidden? Rav Sheshet said: This is what the mishna is teaching: And what is their remedy, i.e., what can be done to enable the forbidden individuals to benefit from communal property? They should write their portion over to the Nasi, thereby relinquishing their shares in the communal property.

רַבִּי יְהוּדָה אוֹמֵר: אֶחָד כּוֹתֵב לַנָּשִׂיא וְאֶחָד כּוֹתֵב לַהֶדְיוֹט, וּמָה בֵּין כּוֹתֵב לַנָּשִׂיא לְכוֹתֵב לַהֶדְיוֹט? הַכּוֹתֵב לַנָּשִׂיא אֵין צָרִיךְ לְזַכּוֹת, וְהַכּוֹתֵב לַהֶדְיוֹט צָרִיךְ לְזַכּוֹת. וַחֲכָמִים אוֹמְרִים: אֶחָד זֶה וְאֶחָד זֶה — צְרִיכִים לְזַכּוֹת, לֹא דִּבְּרוּ בְּנָשִׂיא אֶלָּא בַּהֹוֶה.

The Gemara continues its quotation from the mishna: This is the halakha with regard to both one who writes his portion over to the Nasi and one who writes it over to a common person. Rabbi Yehuda adds: What is the difference between one who writes it over to the Nasi and one who writes it over to a common person? That one who writes it to the Nasi need not formally confer possession of the item, whereas one who writes it over to a common person must confer possession to him. And the Rabbis say: Both this one and that one must confer possession, and they specifically mentioned the Nasi only so as to speak in the present.

רַבִּי יְהוּדָה אוֹמֵר: אֵין אַנְשֵׁי גָלִיל צְרִיכִין לְזַכּוֹת, שֶׁכְּבָר כָּתְבוּ אֲבוֹתֵיהֶן עַל יְדֵיהֶן. תַּנְיָא, רַבִּי יְהוּדָה אוֹמֵר: אַנְשֵׁי גָלִיל קַנְטְרָנִין הָיוּ, וְהָיוּ נוֹדְרִין הֲנָאָה זֶה מִזֶּה, עָמְדוּ אֲבוֹתֵיהֶם וְכָתְבוּ חֶלְקֵיהֶן לַנָּשִׂיא.

§ The mishna teaches: Rabbi Yehuda says: The people of Galilee do not have to confer possession of their portion to the Nasi because their forefathers already wrote it for them. It is taught in a baraita that Rabbi Yehuda says: The people of Galilee were quarrelsome [kanteranin] and would often take vows prohibiting benefit from one another. So their forefathers arose and wrote their portions of the public property over to the Nasi so that they would be able to use communal property.

מַתְנִי׳ הַמּוּדָּר הֲנָאָה מֵחֲבֵירוֹ וְאֵין לוֹ מַה יֹּאכַל — נוֹתְנוֹ לְאַחֵר לְשׁוּם מַתָּנָה, וְהַלָּה מוּתָּר בָּהּ. מַעֲשֶׂה בְּאֶחָד בְּבֵית חוֹרוֹן שֶׁהָיָה אָבִיו נוֹדֵר הֵימֶנּוּ הֲנָאָה, וְהָיָה מַשִּׂיא אֶת בְּנוֹ. וְאָמַר לַחֲבֵרוֹ: חָצֵר וּסְעוּדָה נְתוּנִים הִינָּן לְפָנֶיךָ, אֶלָּא כְּדֵי שֶׁיָּבֹא אַבָּא וְיֹאכַל עִמָּנוּ בִּסְעוּדָה.

MISHNA: With regard to one who is prohibited by a vow from deriving benefit from another and he does not have anything to eat, the other may give the food to someone else as a gift and he is then permitted to eat it. The mishna recounts: An incident occurred involving someone in the city of Beit Ḥoron whose father had vowed not to derive benefit from him, and the son was marrying off his own son and wanted his father to be able to participate in the wedding meal. And he therefore said to another: The courtyard where the wedding will take place and the wedding meal are given before you as a gift, but only so that my father will come and eat with us at the meal.

אָמַר: אִם שֶׁלִּי הֵם — הֲרֵי הֵם מוּקְדָּשִׁין לַשָּׁמַיִם. אָמַר לוֹ: נָתַתִּי לְךָ אֶת שֶׁלִּי שֶׁתַּקְדִּישֵׁם לַשָּׁמַיִם?! אָמַר לוֹ: נָתַתָּ לִי אֶת שֶׁלְּךָ אֶלָּא שֶׁתְּהֵא אַתָּה וְאָבִיךְ אוֹכְלִין וְשׁוֹתִין וּמִתְרַצִּין זֶה לָזֶה, וִיהֵא עָוֹן תָּלוּי בְּרֹאשׁוֹ. אָמְרוּ חֲכָמִים: כׇּל מַתָּנָה שֶׁאֵינָהּ שֶׁאִם הִקְדִּישָׁהּ תְּהֵא מְקוּדֶּשֶׁת — אֵינָהּ מַתָּנָה.

The recipient said: If they are mine, they are all hereby consecrated to Heaven, i.e., the Temple, and are forbidden to everyone. The son said to him in anger: And did I give you my property so that you should consecrate it to Heaven? He, the recipient, said to him: You gave me your property only so that you and your father would eat and drink and thereby appease each other, and the sin of transgressing the vow would be hung on his, i.e., my, head, as I enabled the transgression. The Sages therefore said: Any gift that is not so absolute so that if the recipient were to consecrate the gift it would be consecrated, is not a gift. In other words, in order for it to be a gift, the recipient must have the ability to consecrate it.

גְּמָ׳ מַעֲשֶׂה לִסְתּוֹר! חַסּוֹרֵי מִיחַסְּרָא וְהָכִי קָתָנֵי: וְאִם הוֹכִיחַ סוֹפוֹ עַל תְּחִילָּתוֹ — אָסוּר. וּמַעֲשֶׂה נָמֵי בְּבֵית חוֹרוֹן בְּאֶחָד, דַּהֲוָה סוֹפוֹ מוֹכִיחַ עַל תְּחִילָּתוֹ.

GEMARA: The Gemara asks: Was an incident cited to contradict that which was initially stated in the mishna? The mishna explicitly stated that one may give a gift to another in order to bypass the prohibition of a vow. The Gemara answers: The mishna is incomplete and is teaching like this: And if his ultimate actions prove the nature of his initial intent, i.e., if the prior owner protests that he gave the gift only as a technicality in order to bypass the vow, it is forbidden. And to illustrate this point, there was also an incident in Beit Ḥoron concerning someone whose ultimate protest proved that his initial intent was not to give a true gift.

אָמַר רָבָא: לֹא שָׁנוּ אֶלָּא דְּאָמַר לֵיהּ ״וְהִינָּן לְפָנֶיךָ אֶלָּא כְּדֵי שֶׁיָּבֹא אַבָּא״. אֲבָל אָמַר לֵיהּ: ״שֶׁיְּהוּ לְפָנֶיךָ, שֶׁיָּבֹא אַבָּא״ — ״מִדַּעְתְּךָ״ הוּא דְּאָמַר לֵיהּ.

Rava said: They taught this prohibition only in a case where he said to him: And the gifts are given before you only so that my father should come, as he explicitly mentioned that he did not intend to give an absolute gift. But if he said to him less explicitly: That they should be before you that my father should come, there is no prohibition, since he is essentially saying to him: It is up to your judgment whether or not to invite him.

לִישָּׁנָא אַחֲרִינָא: אָמְרִין לַהּ, אָמַר רָבָא: לָא תֵּימָא טַעְמָא דְּאָמַר לֵיהּ ״וְהִינָּן לְפָנֶיךָ״ הוּא דְּאָסוּר, אֲבָל אֲמַר לֵיהּ ״הֵן לְפָנֶיךָ שֶׁיָּבֹא אַבָּא וְיֹאכַל״ — מוּתָּר. אֶלָּא אֲפִילּוּ אָמַר לֵיהּ ״הֵן לְפָנֶיךָ יָבֹא אַבָּא וְיֹאכַל״ — אָסוּר. מַאי טַעְמָא — סְעוּדָתוֹ מוֹכַחַת עָלָיו.

Some say another version of this statement. Rava said: Do not say that the reason for the prohibition is because he said to him: And the gifts are given before you only so that my father will come, and that is why it is forbidden; but if he said to him: They are before you so my father should come and eat, it would be permitted. This is not so. Rather, even if he said to him: They are before you, my father should come and eat, it is forbidden. What is the reason for this? His wedding meal proves about him that his sole intention was to bypass the vow.

הָהוּא גַּבְרָא דַּהֲוָה לֵיהּ בְּרָא דַּהֲוָה שָׁמֵיט כִּיפֵּי דְכִיתָּנָא. אַסְרִינְהוּ לְנִכְסֵיהּ עֲלֵיהּ. אָמְרוּ לֵיהּ: וְאִי הֲוַאי בַּר בְּרָךְ צוּרְבָּא מֵרַבָּנַן, מַאי? אֲמַר לְהוֹן: לִיקְנֵי הָדֵין, וְאִי הֲוַאי בַּר בְּרִי צוּרְבָּא מֵרַבָּנַן, לִקְנְיֵיהּ. מַאי?

There was a certain man who had a son who seized in theft sheaves [keifei] of flax, and the father took a vow prohibiting his son from deriving any benefit from his possessions. They said to the father: And if the son of your son would become a Torah scholar, and you would want him to be able to inherit your possessions, what would you do? He said to them: Let this son of mine acquire the possessions, and only if the son of my son becomes a Torah scholar then let him, my grandson, acquire them from my son. They asked: What is the ruling?

אָמְרִי פּוּמְבְּדִיתָאֵי: ״קְנִי עַל מְנָת לְהַקְנוֹת״ הוּא, וְכׇל ״קְנִי עַל מְנָת לְהַקְנוֹת״ — לָא קָנֵי.

The Sages of Pumbedita say: This is just as if he stated: Acquire the property on the condition that you transfer it to your son. In such a case he has not given anything to the recipient, but has merely made him a conduit to transfer the item to someone else. And in any case where one says: Acquire this item on the condition that you transfer ownership, the recipient does not acquire the item, and the statement has no effect.

וְרַב נַחְמָן אָמַר: קָנֵי, דְּהָא סוּדָרָא ״קָנֵי עַל מְנָת לְהַקְנוֹת״ הוּא.

But Rav Naḥman said: He does acquire, as an acquisition by means of a cloth is a case of an act of acquisition performed only in order to transfer ownership. In such a case, one gives another a cloth in order to confer ownership of some other item, but the cloth itself does not assume new ownership. Still, this is an effective means of acquisition. So too, the property of the grandfather may be effectively conferred upon the grandson through the son, without the son acquiring it himself.

אָמַר רַב אָשֵׁי: וּמַאן לֵימָא לַן דְּסוּדָרָא אִי תָּפֵיס לֵיהּ לָא מִיתְּפִיס? וְעוֹד: ״סוּדָרָא קָנֵי עַל מְנָת לְהַקְנוֹת וְקָנֵי מִן הַשְׁתָּא״. הָלֵין נִיכְסִין דְּהָדֵין לְאִימַתִּי קָנֵי — לְכִי הָוֵי בַּר בְּרֵיהּ צוּרְבָּא מֵרַבָּנַן, לְכִי הֲוָה — הָדַר סוּדָרָא לְמָרֵיהּ!

Rav Ashi said: And who will say to us concerning the cloth that if the recipient of the cloth would seize it with the intention of keeping it that it would not be an effective seizure? While the cloth is technically transferred, the recipient does not usually exercise his right to it. And furthermore, an acquisition by means of a cloth is a case where the giver is saying: Acquire only in order to transfer ownership, but acquire from now. However, with regard to these possessions of this one who took the vow, when does the son acquire? Only when his son’s son becomes a Torah scholar. And when he becomes a Torah scholar, the cloth has already been returned to its owner, i.e., the act of acquisition had taken place long before the grandson became a Torah scholar. The initial transfer therefore has no effect.

אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן: וְהָא מַתְּנַת בֵּית חוֹרוֹן ״דִּקְנִי עַל מְנָת לְהַקְנוֹת״ הוּא, וְלָא קָא קָנֵי!

Rava said to Rav Naḥman: But the gift of Beit Ḥoron discussed in the mishna is an example of an acquisition performed only in order to transfer ownership, and there he did not acquire it at all.

זִימְנִין אֲמַר לֵיהּ: מִשּׁוּם דִּסְעוּדָתוֹ מוֹכַחַת עָלָיו, וְזִימְנִין אֲמַר לֵיהּ רַבִּי אֱלִיעֶזֶר הִיא, דְּאָמַר: אֲפִילּוּ וִיתּוּר אָסוּר בְּמוּדָּר הֲנָאָה.

The Gemara recounts: Sometimes when Rav Naḥman was asked this question he said to him: That is because his wedding meal proves about him that he did not truly intend to give the items to the recipient, and not because such an acquisition is invalid per se. And sometimes he said to him that in that case they followed the stringent opinion of Rabbi Eliezer, who said: Even negligible benefits ordinarily waived are forbidden to one prohibited by a vow from deriving benefit from another. So too, Rabbi Eliezer holds that one cannot rely on an act of acquisition performed merely in order to transfer ownership to a third party.

תְּנַן, אָמְרוּ חֲכָמִים: כׇּל מַתָּנָה שֶׁאֵינָהּ שֶׁאִם הִקְדִּישָׁהּ תְּהֵא מְקוּדֶּשֶׁת — אֵינָהּ מַתָּנָה. ״כׇּל״ לְאֵיתוֹיֵי מַאי? לָאו לְאֵתוֹיֵי הָא מִילְּתָא דְּשַׁדְיָא בְּכִיפֵּי? לָא, לְאֵתוֹיֵי לִישָּׁנָא בָּתְרָאָה דִּשְׁמַעְתֵּיהּ דְּרָבָא.

§ We learned in the mishna (48a): The Sages therefore said: Any gift that is not so absolute so that, if the recipient were to consecrate the gift it would be consecrated, is not a gift. The Gemara asks: What is added by the word: Any? Is it not adding this matter of one who seized sheaves of flax, and to say that the gift of the father has no effect? The Gemara responds: No, the intent is to add the latter version of the aforementioned statement of Rava, that a gift given as a means of circumventing a vow has no effect, even when the giver mentions the nature of the gift only casually and does not stipulate it as a formal condition.



הַדְרָן עֲלָךְ הַשּׁוּתָּפִין

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. 

I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Jessica Shklar

Philadelphia, United States

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

I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!

Mona Fishbane
Mona Fishbane

Teaneck NJ, United States

I decided to give daf yomi a try when I heard about the siyum hashas in 2020. Once the pandemic hit, the daily commitment gave my days some much-needed structure. There have been times when I’ve felt like quitting- especially when encountering very technical details in the text. But then I tell myself, “Look how much you’ve done. You can’t stop now!” So I keep going & my Koren bookshelf grows…

Miriam Eckstein-Koas
Miriam Eckstein-Koas

Huntington, United States

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

Gila Loike
Gila Loike

Ashdod, Israel

See video

Susan Fisher
Susan Fisher

Raanana, Israel

After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!

Stacey Goodstein Ashtamker
Stacey Goodstein Ashtamker

Modi’in, 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

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

I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.

Emma Rinberg
Emma Rinberg

Raanana, Israel

I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Jessica Shklar

Philadelphia, United States

I had never heard of Daf Yomi and after reading the book, The Weight of Ink, I explored more about it. I discovered that it was only 6 months before a whole new cycle started and I was determined to give it a try. I tried to get a friend to join me on the journey but after the first few weeks they all dropped it. I haven’t missed a day of reading and of listening to the podcast.

Anne Rubin
Anne Rubin

Elkins Park, United States

A friend mentioned that she was starting Daf Yomi in January 2020. I had heard of it and thought, why not? I decided to try it – go day by day and not think about the seven plus year commitment. Fast forward today, over two years in and I can’t imagine my life without Daf Yomi. It’s part of my morning ritual. If I have a busy day ahead of me I set my alarm to get up early to finish the day’s daf
Debbie Fitzerman
Debbie Fitzerman

Ontario, Canada

I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!

Dena Lehrman
Dena Lehrman

אפרת, Israel

I started learning with rabbis. I needed to know more than the stories. My first teacher to show me “the way of the Talmud” as well as the stories was Samara Schwartz.
Michelle Farber started the new cycle 2 yrs ago and I jumped on for the ride.
I do not look back.

Jenifer Nech
Jenifer Nech

Houston, United States

“I got my job through the NY Times” was an ad campaign when I was growing up. I can headline “I got my daily Daf shiur and Hadran through the NY Times”. I read the January 4, 2020 feature on Reb. Michelle Farber and Hadran and I have been participating ever since. Thanks NY Times & Hadran!
Deborah Aschheim
Deborah Aschheim

New York, United States

I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.

Yafit Fishbach
Yafit Fishbach

Memphis, Tennessee, United States

Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!

Judith Weil
Judith Weil

Raanana, Israel

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

Nedarim 48

וַאֲסוּרִים בְּדָבָר שֶׁל אוֹתָהּ הָעִיר. וְאֵיזֶהוּ דָּבָר שֶׁל עוֹלֵי בָּבֶל — כְּגוֹן הַר הַבַּיִת, וְהָעֲזָרוֹת, וְהַבּוֹר שֶׁבְּאֶמְצַע הַדֶּרֶךְ. וְאֵיזֶהוּ דָּבָר שֶׁל אוֹתָהּ הָעִיר — כְּגוֹן הָרְחָבָה, וְהַמֶּרְחָץ, וּבֵית הַכְּנֶסֶת, וְהַתֵּיבָה, וְהַסְּפָרִים. וְהַכּוֹתֵב חֶלְקוֹ לַנָּשִׂיא.

But it is prohibited for them to benefit from objects of that city, which are considered to be jointly owned by all its residents. And what are examples of objects belonging to those who ascended from Babylonia? For example, the Temple Mount, and the Temple Courtyards, and the water cistern in the middle of the road. And what are objects of that city? For example, the city square, and the bathhouse, and the synagogue, and the ark which houses the Torah scrolls, and the Torah scrolls. And one who writes, i.e., signs, his portion of the shared objects of that city over to the Nasi.

רַבִּי יְהוּדָה אוֹמֵר: אֶחָד כּוֹתֵב לַנָּשִׂיא, וְאֶחָד כּוֹתֵב לַהֶדְיוֹט. מָה בֵּין כּוֹתֵב לַנָּשִׂיא לַכּוֹתֵב לַהֶדְיוֹט? שֶׁהַכּוֹתֵב לַנָּשִׂיא אֵין צָרִיךְ לְזַכּוֹת, לַהֶדְיוֹט צָרִיךְ לְזַכּוֹת. וַחֲכָמִים אוֹמְרִים: אֶחָד זֶה וְאֶחָד זֶה צְרִיכִין לְזַכּוֹת, לֹא דִּבְּרוּ בְּנָשִׂיא אֶלָּא בַּהֹוֶה. רַבִּי יְהוּדָה אוֹמֵר: אֵין אַנְשֵׁי גָלִיל צְרִיכִין לִכְתּוֹב, שֶׁכְּבָר כָּתְבוּ אֲבוֹתֵיהֶן עַל יְדֵיהֶן.

Rabbi Yehuda says: This is the halakha with regard to both one who writes his portion over to the Nasi and one who writes it over to a common person. Rabbi Yehuda adds: What is the difference between one who writes it over to the Nasi and one who writes it over to a common person? That one who writes it to the Nasi need not formally confer possession of the item, whereas one who writes it over to a common person must confer possession to him. And the Rabbis say: Both this one and that one must confer possession, and they specifically mentioned the Nasi only so as to speak in the present, addressing situations that were prevalent. Rabbi Yehuda says: The people of Galilee do not have to write their portion over to the Nasi because their fathers already wrote it for them, declaring that all the public property belongs to him.

גְּמָ׳ אַמַּאי מִיתְּסַר? אָמַר רַב שֵׁשֶׁת, הָכִי קָתָנֵי: וּמָה תַּקָּנָתָן — יִכְתְּבוּ חֶלְקָן לַנָּשִׂיא.

GEMARA: The mishna appears to teach that one who is prohibited by a vow from benefiting from another may not benefit from property written over to the Nasi. The Gemara asks: Why is it forbidden? Rav Sheshet said: This is what the mishna is teaching: And what is their remedy, i.e., what can be done to enable the forbidden individuals to benefit from communal property? They should write their portion over to the Nasi, thereby relinquishing their shares in the communal property.

רַבִּי יְהוּדָה אוֹמֵר: אֶחָד כּוֹתֵב לַנָּשִׂיא וְאֶחָד כּוֹתֵב לַהֶדְיוֹט, וּמָה בֵּין כּוֹתֵב לַנָּשִׂיא לְכוֹתֵב לַהֶדְיוֹט? הַכּוֹתֵב לַנָּשִׂיא אֵין צָרִיךְ לְזַכּוֹת, וְהַכּוֹתֵב לַהֶדְיוֹט צָרִיךְ לְזַכּוֹת. וַחֲכָמִים אוֹמְרִים: אֶחָד זֶה וְאֶחָד זֶה — צְרִיכִים לְזַכּוֹת, לֹא דִּבְּרוּ בְּנָשִׂיא אֶלָּא בַּהֹוֶה.

The Gemara continues its quotation from the mishna: This is the halakha with regard to both one who writes his portion over to the Nasi and one who writes it over to a common person. Rabbi Yehuda adds: What is the difference between one who writes it over to the Nasi and one who writes it over to a common person? That one who writes it to the Nasi need not formally confer possession of the item, whereas one who writes it over to a common person must confer possession to him. And the Rabbis say: Both this one and that one must confer possession, and they specifically mentioned the Nasi only so as to speak in the present.

רַבִּי יְהוּדָה אוֹמֵר: אֵין אַנְשֵׁי גָלִיל צְרִיכִין לְזַכּוֹת, שֶׁכְּבָר כָּתְבוּ אֲבוֹתֵיהֶן עַל יְדֵיהֶן. תַּנְיָא, רַבִּי יְהוּדָה אוֹמֵר: אַנְשֵׁי גָלִיל קַנְטְרָנִין הָיוּ, וְהָיוּ נוֹדְרִין הֲנָאָה זֶה מִזֶּה, עָמְדוּ אֲבוֹתֵיהֶם וְכָתְבוּ חֶלְקֵיהֶן לַנָּשִׂיא.

§ The mishna teaches: Rabbi Yehuda says: The people of Galilee do not have to confer possession of their portion to the Nasi because their forefathers already wrote it for them. It is taught in a baraita that Rabbi Yehuda says: The people of Galilee were quarrelsome [kanteranin] and would often take vows prohibiting benefit from one another. So their forefathers arose and wrote their portions of the public property over to the Nasi so that they would be able to use communal property.

מַתְנִי׳ הַמּוּדָּר הֲנָאָה מֵחֲבֵירוֹ וְאֵין לוֹ מַה יֹּאכַל — נוֹתְנוֹ לְאַחֵר לְשׁוּם מַתָּנָה, וְהַלָּה מוּתָּר בָּהּ. מַעֲשֶׂה בְּאֶחָד בְּבֵית חוֹרוֹן שֶׁהָיָה אָבִיו נוֹדֵר הֵימֶנּוּ הֲנָאָה, וְהָיָה מַשִּׂיא אֶת בְּנוֹ. וְאָמַר לַחֲבֵרוֹ: חָצֵר וּסְעוּדָה נְתוּנִים הִינָּן לְפָנֶיךָ, אֶלָּא כְּדֵי שֶׁיָּבֹא אַבָּא וְיֹאכַל עִמָּנוּ בִּסְעוּדָה.

MISHNA: With regard to one who is prohibited by a vow from deriving benefit from another and he does not have anything to eat, the other may give the food to someone else as a gift and he is then permitted to eat it. The mishna recounts: An incident occurred involving someone in the city of Beit Ḥoron whose father had vowed not to derive benefit from him, and the son was marrying off his own son and wanted his father to be able to participate in the wedding meal. And he therefore said to another: The courtyard where the wedding will take place and the wedding meal are given before you as a gift, but only so that my father will come and eat with us at the meal.

אָמַר: אִם שֶׁלִּי הֵם — הֲרֵי הֵם מוּקְדָּשִׁין לַשָּׁמַיִם. אָמַר לוֹ: נָתַתִּי לְךָ אֶת שֶׁלִּי שֶׁתַּקְדִּישֵׁם לַשָּׁמַיִם?! אָמַר לוֹ: נָתַתָּ לִי אֶת שֶׁלְּךָ אֶלָּא שֶׁתְּהֵא אַתָּה וְאָבִיךְ אוֹכְלִין וְשׁוֹתִין וּמִתְרַצִּין זֶה לָזֶה, וִיהֵא עָוֹן תָּלוּי בְּרֹאשׁוֹ. אָמְרוּ חֲכָמִים: כׇּל מַתָּנָה שֶׁאֵינָהּ שֶׁאִם הִקְדִּישָׁהּ תְּהֵא מְקוּדֶּשֶׁת — אֵינָהּ מַתָּנָה.

The recipient said: If they are mine, they are all hereby consecrated to Heaven, i.e., the Temple, and are forbidden to everyone. The son said to him in anger: And did I give you my property so that you should consecrate it to Heaven? He, the recipient, said to him: You gave me your property only so that you and your father would eat and drink and thereby appease each other, and the sin of transgressing the vow would be hung on his, i.e., my, head, as I enabled the transgression. The Sages therefore said: Any gift that is not so absolute so that if the recipient were to consecrate the gift it would be consecrated, is not a gift. In other words, in order for it to be a gift, the recipient must have the ability to consecrate it.

גְּמָ׳ מַעֲשֶׂה לִסְתּוֹר! חַסּוֹרֵי מִיחַסְּרָא וְהָכִי קָתָנֵי: וְאִם הוֹכִיחַ סוֹפוֹ עַל תְּחִילָּתוֹ — אָסוּר. וּמַעֲשֶׂה נָמֵי בְּבֵית חוֹרוֹן בְּאֶחָד, דַּהֲוָה סוֹפוֹ מוֹכִיחַ עַל תְּחִילָּתוֹ.

GEMARA: The Gemara asks: Was an incident cited to contradict that which was initially stated in the mishna? The mishna explicitly stated that one may give a gift to another in order to bypass the prohibition of a vow. The Gemara answers: The mishna is incomplete and is teaching like this: And if his ultimate actions prove the nature of his initial intent, i.e., if the prior owner protests that he gave the gift only as a technicality in order to bypass the vow, it is forbidden. And to illustrate this point, there was also an incident in Beit Ḥoron concerning someone whose ultimate protest proved that his initial intent was not to give a true gift.

אָמַר רָבָא: לֹא שָׁנוּ אֶלָּא דְּאָמַר לֵיהּ ״וְהִינָּן לְפָנֶיךָ אֶלָּא כְּדֵי שֶׁיָּבֹא אַבָּא״. אֲבָל אָמַר לֵיהּ: ״שֶׁיְּהוּ לְפָנֶיךָ, שֶׁיָּבֹא אַבָּא״ — ״מִדַּעְתְּךָ״ הוּא דְּאָמַר לֵיהּ.

Rava said: They taught this prohibition only in a case where he said to him: And the gifts are given before you only so that my father should come, as he explicitly mentioned that he did not intend to give an absolute gift. But if he said to him less explicitly: That they should be before you that my father should come, there is no prohibition, since he is essentially saying to him: It is up to your judgment whether or not to invite him.

לִישָּׁנָא אַחֲרִינָא: אָמְרִין לַהּ, אָמַר רָבָא: לָא תֵּימָא טַעְמָא דְּאָמַר לֵיהּ ״וְהִינָּן לְפָנֶיךָ״ הוּא דְּאָסוּר, אֲבָל אֲמַר לֵיהּ ״הֵן לְפָנֶיךָ שֶׁיָּבֹא אַבָּא וְיֹאכַל״ — מוּתָּר. אֶלָּא אֲפִילּוּ אָמַר לֵיהּ ״הֵן לְפָנֶיךָ יָבֹא אַבָּא וְיֹאכַל״ — אָסוּר. מַאי טַעְמָא — סְעוּדָתוֹ מוֹכַחַת עָלָיו.

Some say another version of this statement. Rava said: Do not say that the reason for the prohibition is because he said to him: And the gifts are given before you only so that my father will come, and that is why it is forbidden; but if he said to him: They are before you so my father should come and eat, it would be permitted. This is not so. Rather, even if he said to him: They are before you, my father should come and eat, it is forbidden. What is the reason for this? His wedding meal proves about him that his sole intention was to bypass the vow.

הָהוּא גַּבְרָא דַּהֲוָה לֵיהּ בְּרָא דַּהֲוָה שָׁמֵיט כִּיפֵּי דְכִיתָּנָא. אַסְרִינְהוּ לְנִכְסֵיהּ עֲלֵיהּ. אָמְרוּ לֵיהּ: וְאִי הֲוַאי בַּר בְּרָךְ צוּרְבָּא מֵרַבָּנַן, מַאי? אֲמַר לְהוֹן: לִיקְנֵי הָדֵין, וְאִי הֲוַאי בַּר בְּרִי צוּרְבָּא מֵרַבָּנַן, לִקְנְיֵיהּ. מַאי?

There was a certain man who had a son who seized in theft sheaves [keifei] of flax, and the father took a vow prohibiting his son from deriving any benefit from his possessions. They said to the father: And if the son of your son would become a Torah scholar, and you would want him to be able to inherit your possessions, what would you do? He said to them: Let this son of mine acquire the possessions, and only if the son of my son becomes a Torah scholar then let him, my grandson, acquire them from my son. They asked: What is the ruling?

אָמְרִי פּוּמְבְּדִיתָאֵי: ״קְנִי עַל מְנָת לְהַקְנוֹת״ הוּא, וְכׇל ״קְנִי עַל מְנָת לְהַקְנוֹת״ — לָא קָנֵי.

The Sages of Pumbedita say: This is just as if he stated: Acquire the property on the condition that you transfer it to your son. In such a case he has not given anything to the recipient, but has merely made him a conduit to transfer the item to someone else. And in any case where one says: Acquire this item on the condition that you transfer ownership, the recipient does not acquire the item, and the statement has no effect.

וְרַב נַחְמָן אָמַר: קָנֵי, דְּהָא סוּדָרָא ״קָנֵי עַל מְנָת לְהַקְנוֹת״ הוּא.

But Rav Naḥman said: He does acquire, as an acquisition by means of a cloth is a case of an act of acquisition performed only in order to transfer ownership. In such a case, one gives another a cloth in order to confer ownership of some other item, but the cloth itself does not assume new ownership. Still, this is an effective means of acquisition. So too, the property of the grandfather may be effectively conferred upon the grandson through the son, without the son acquiring it himself.

אָמַר רַב אָשֵׁי: וּמַאן לֵימָא לַן דְּסוּדָרָא אִי תָּפֵיס לֵיהּ לָא מִיתְּפִיס? וְעוֹד: ״סוּדָרָא קָנֵי עַל מְנָת לְהַקְנוֹת וְקָנֵי מִן הַשְׁתָּא״. הָלֵין נִיכְסִין דְּהָדֵין לְאִימַתִּי קָנֵי — לְכִי הָוֵי בַּר בְּרֵיהּ צוּרְבָּא מֵרַבָּנַן, לְכִי הֲוָה — הָדַר סוּדָרָא לְמָרֵיהּ!

Rav Ashi said: And who will say to us concerning the cloth that if the recipient of the cloth would seize it with the intention of keeping it that it would not be an effective seizure? While the cloth is technically transferred, the recipient does not usually exercise his right to it. And furthermore, an acquisition by means of a cloth is a case where the giver is saying: Acquire only in order to transfer ownership, but acquire from now. However, with regard to these possessions of this one who took the vow, when does the son acquire? Only when his son’s son becomes a Torah scholar. And when he becomes a Torah scholar, the cloth has already been returned to its owner, i.e., the act of acquisition had taken place long before the grandson became a Torah scholar. The initial transfer therefore has no effect.

אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן: וְהָא מַתְּנַת בֵּית חוֹרוֹן ״דִּקְנִי עַל מְנָת לְהַקְנוֹת״ הוּא, וְלָא קָא קָנֵי!

Rava said to Rav Naḥman: But the gift of Beit Ḥoron discussed in the mishna is an example of an acquisition performed only in order to transfer ownership, and there he did not acquire it at all.

זִימְנִין אֲמַר לֵיהּ: מִשּׁוּם דִּסְעוּדָתוֹ מוֹכַחַת עָלָיו, וְזִימְנִין אֲמַר לֵיהּ רַבִּי אֱלִיעֶזֶר הִיא, דְּאָמַר: אֲפִילּוּ וִיתּוּר אָסוּר בְּמוּדָּר הֲנָאָה.

The Gemara recounts: Sometimes when Rav Naḥman was asked this question he said to him: That is because his wedding meal proves about him that he did not truly intend to give the items to the recipient, and not because such an acquisition is invalid per se. And sometimes he said to him that in that case they followed the stringent opinion of Rabbi Eliezer, who said: Even negligible benefits ordinarily waived are forbidden to one prohibited by a vow from deriving benefit from another. So too, Rabbi Eliezer holds that one cannot rely on an act of acquisition performed merely in order to transfer ownership to a third party.

תְּנַן, אָמְרוּ חֲכָמִים: כׇּל מַתָּנָה שֶׁאֵינָהּ שֶׁאִם הִקְדִּישָׁהּ תְּהֵא מְקוּדֶּשֶׁת — אֵינָהּ מַתָּנָה. ״כׇּל״ לְאֵיתוֹיֵי מַאי? לָאו לְאֵתוֹיֵי הָא מִילְּתָא דְּשַׁדְיָא בְּכִיפֵּי? לָא, לְאֵתוֹיֵי לִישָּׁנָא בָּתְרָאָה דִּשְׁמַעְתֵּיהּ דְּרָבָא.

§ We learned in the mishna (48a): The Sages therefore said: Any gift that is not so absolute so that, if the recipient were to consecrate the gift it would be consecrated, is not a gift. The Gemara asks: What is added by the word: Any? Is it not adding this matter of one who seized sheaves of flax, and to say that the gift of the father has no effect? The Gemara responds: No, the intent is to add the latter version of the aforementioned statement of Rava, that a gift given as a means of circumventing a vow has no effect, even when the giver mentions the nature of the gift only casually and does not stipulate it as a formal condition.

הַדְרָן עֲלָךְ הַשּׁוּתָּפִין

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