Abaye holds that yadot (cut-off sentence) of a vow is considered a vow. The Gemara raises two difficulties against Abaye from braitot. The questions are each resolved in different manners. Rav Papa asks if yadot are effective in kiddushin, betrothal, or peah, designated a corner of your field for the poor. In what case is the question asked? No answer is given. Can we infer from the example brought for peah that one can make one’s entire field peah? Why is there deliberation regarding yadot for peah?
Nedarim 6
10.31.2022 | ו׳ בחשון תשפ״ג
Share this shiur:
This week’s learning is sponsored by Sara Averick in loving memory of her mother, Leah Shifrin Averick, לאה בת יהודה לייב חייקל וחיה מאשה. “She infused her many descendants with her love for Torah, Israel and the Jewish people.”
This week’s learning is sponsored by Elana and Daniel Storch in honor of their youngest daughter Arianne Yael’s engagement to Brett Aiken and for a for a refuah shleima for Ilana Malka bat Aviva Tamar and Leah Maritza bat Raizel. “We are thrilled to share besorot tovot with our Hadran Family. We pray that the chuppah will take place בשעה טובה ומוצלחת and they should be zoche to build a בית נאמן בישראל.
Want to dedicate learning? Get started here:
English
עברית
0:00
0:00
0:00
0:00
Today’s daily daf tools:
This week’s learning is sponsored by Sara Averick in loving memory of her mother, Leah Shifrin Averick, לאה בת יהודה לייב חייקל וחיה מאשה. “She infused her many descendants with her love for Torah, Israel and the Jewish people.”
This week’s learning is sponsored by Elana and Daniel Storch in honor of their youngest daughter Arianne Yael’s engagement to Brett Aiken and for a for a refuah shleima for Ilana Malka bat Aviva Tamar and Leah Maritza bat Raizel. “We are thrilled to share besorot tovot with our Hadran Family. We pray that the chuppah will take place בשעה טובה ומוצלחת and they should be zoche to build a בית נאמן בישראל.
Nedarim 6
דְּאֵין אָדָם מְגָרֵשׁ אֶת אֵשֶׁת חֲבֵירוֹ, אֲבָל בְּעָלְמָא — מִי שָׁמְעַתְּ לְהוּ?
as a man does not divorce the wife of his fellow, so it is obvious that he is writing the bill of divorce to his wife. However, did you hear them state generally that ambiguous intimations are valid intimations?
מֵיתִיבִי: ״הֲרֵי הוּא עָלַי״, ״הֲרֵי זֶה [עָלַי]״ — אָסוּר, מִפְּנֵי שֶׁהוּא יָד לְקׇרְבָּן. טַעְמָא דְּאָמַר ״עָלַי״ — הוּא דְּאָסוּר, אֲבָל לָא אָמַר ״עָלַי״ — לָא. תְּיוּבְתָּא דְאַבָּיֵי!
The Gemara raises an objection based upon the following baraita: If one says with regard to an object lying before him: It is upon me, or: This is hereby upon me, it is forbidden, because it is an intimation that he is rendering the object forbidden to himself like an offering. This baraita indicates that the reason it is forbidden is that he specifically said: Upon me. However, if he did not say: Upon me, no, it is not forbidden, because this expression is an ambiguous intimation. This is a conclusive refutation of the opinion of Abaye, who holds that even ambiguous intimations are valid intimations.
אָמַר לָךְ אַבָּיֵי: טַעְמָא דְּאָמַר ״עָלַי״ — הוּא דְּאָסוּר. אֲבָל אָמַר ״הֲרֵי הוּא״, וְלָא אָמַר ״עָלַי״, ״הֲרֵי הוּא דְּהֶפְקֵר״ ״הֲרֵי הוּא דִּצְדָקָה״ קָאָמַר. וְהָא ״מִפְּנֵי שֶׁהוּא יָד לְקׇרְבָּן״ קָתָנֵי!
The Gemara answers: Abaye could have said to you that the reason it is forbidden is that he specifically said: Upon me. However, if he said: It is hereby, and did not say: Upon me, his statement is not considered an intimation of a vow at all, as he could have been saying: It is hereby ownerless property, or: It is hereby charity. The Gemara asks: But the baraita teaches that the object is forbidden because his statement is an intimation that he is rendering the object forbidden to himself like an offering. With regard to consecrating an offering, even the statement: This is, without the additional phrase: Upon me, is considered an intimation. Nevertheless, the baraita indicates that if one does not say: Upon me, the vow does not take effect. This must be because an ambiguous intimation is not a vow.
אֶלָּא אֵימָא: טַעְמָא דְּאָמַר ״עָלַי״ — הוּא אָסוּר וַחֲבֵירוֹ מוּתָּר, אֲבָל אָמַר ״הֲרֵי הוּא״ — שְׁנֵיהֶן אֲסוּרִין, דְּדִלְמָא ״הֲרֵי הוּא הֶקְדֵּשׁ״ קָאָמַר.
Rather, say the following: The reason is that he specifically said: Upon me; consequently, he is prohibited from benefiting from the object, but another person is permitted to benefit from it. However, if he said: It is hereby, and did not add the expression: Upon me, both of them are prohibited from benefiting from it because perhaps he is saying: It is hereby consecrated property. In other words, there is concern that he may have actually consecrated the object rather than taking a vow that it is forbidden to him as though it were consecrated.
מֵיתִיבִי: ״הֲרֵי זוֹ חַטָּאת״ ״הֲרֵי זוֹ אָשָׁם״, אַף עַל פִּי שֶׁהוּא חַיָּיב חַטָּאת וְאָשָׁם — לֹא אָמַר כְּלוּם. ״הֲרֵי זוֹ חַטָּאתִי״ ״הֲרֵי זוֹ אֲשָׁמִי״, אִם הָיָה מְחוּיָּב — דְּבָרָיו קַיָּימִין. תְּיוּבְתָּא דְּאַבָּיֵי!
The Gemara raises an objection to this on the basis of the following baraita: If one says: This is hereby a sin-offering, or: This is hereby a guilt-offering, then even if he is liable to bring a sin-offering or guilt-offering he has said nothing, as this is an ambiguous intimation. However, if he said: This is hereby my sin-offering, or: This is hereby my guilt-offering, then if he was liable to bring that offering his statement takes effect, because this is an obvious intimation. This is a conclusive refutation of the opinion of Abaye.
אָמַר לָךְ אַבָּיֵי: הָא מַנִּי — רַבִּי יְהוּדָה הִיא. וְהָא אַבָּיֵי הוּא דְּאָמַר: אֲנָא דַּאֲמַרִי — אֲפִילּוּ לְרַבִּי יְהוּדָה! הֲדַר בֵּיהּ.
The Gemara answers: Abaye could have said to you: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Yehuda, who holds that ambiguous intimations are not intimations. The Gemara asks: Wasn’t it Abaye who said: I say that ambiguous intimations are valid intimations even according to the opinion of Rabbi Yehuda? The Gemara answers: He retracted this statement and admitted that Rabbi Yehuda holds that ambiguous intimations are not valid intimations.
אֶלָּא לֵימָא, רָבָא דְּאָמַר כְּרַבִּי יְהוּדָה?
The Gemara asks: But shall we say that just as Abaye retracted his statement that his opinion can be stated even according to Rabbi Yehuda, Rava, who said that ambiguous intimations are not valid intimations, also retracted his initial statement and admitted that his opinion is only in accordance with the opinion of Rabbi Yehuda and is not in accordance with the opinion of the Rabbis?
אָמַר לָךְ רָבָא: אֲנָא דַּאֲמַרִי — אֲפִילּוּ לְרַבָּנַן. עַד כָּאן לָא קָאָמְרִי רַבָּנַן דְּלָא בָּעִינַן יָדַיִם מוֹכִיחוֹת אֶלָּא גַּבֵּי גֵּט, דְּאֵין אָדָם מְגָרֵשׁ אֶת אֵשֶׁת חֲבֵירוֹ. אֲבָל בְּעָלְמָא בָּעִינַן יָדַיִם מוֹכִיחוֹת.
The Gemara answers: Rava could have said to you: I say my statement even according to the opinion of the Rabbis. The Rabbis say that we do not require obvious intimations only with regard to a bill of divorce, as a man does not divorce the wife of his fellow, so it is obvious that he is writing the bill of divorce to his wife. However, generally we require obvious intimations.
בָּעֵי רַב פָּפָּא: יֵשׁ יָד לְקִידּוּשִׁין, אוֹ לָא? הֵיכִי דָמֵי: אִילֵימָא דְּאָמַר לַהּ לְאִשָּׁה ״הֲרֵי אַתְּ מְקוּדֶּשֶׁת לִי״, וְאָמַר לַחֲבֶירְתָּהּ ״וְאַתְּ נָמֵי״ — פְּשִׁיטָא הַיְינוּ קִידּוּשִׁין עַצְמָן! אֶלָּא כְּגוֹן דְּאָמַר לַהּ לְאִשָּׁה ״הֲרֵי אַתְּ מְקוּדֶּשֶׁת לִי״, וְאָמַר לַהּ לַחֲבֶירְתָּהּ ״וְאַתְּ״. מִי אָמְרִינַן ״וְאַתְּ נָמֵי״ אֲמַר לַהּ לַחֲבֶירְתָּהּ, וְתָפְסִי בַּהּ קִידּוּשִׁין לַחֲבֶירְתָּהּ, אוֹ דִּלְמָא: ״וְאַתְּ חֲזַאי״ אֲמַר לַהּ לַחֲבֶירְתַּהּ, וְלָא תָּפְסִי בָּהּ קִידּוּשִׁין בַּחֲבֶירְתַּהּ.
§ Rav Pappa raised a dilemma: Is there intimation for betrothal or not? Does betrothal take effect via an incomplete statement? The Gemara asks: What are the circumstances of such a case? If we say it is a case where one said to a woman: You are hereby betrothed to me, and he said to another woman: And you too, isn’t it obvious that this is betrothal itself, and it takes effect? Rather, it is a case where one said to a woman: You are hereby betrothed to me, and he said to another woman: And you. Do we say that he said the other woman: And you too are betrothed, and betrothal takes effect with regard to the other woman, or perhaps he said to the other woman: And you see that I am betrothing this woman, and betrothal does not take effect with regard to the other woman?
וּמִי מִיבְּעֵי לֵיהּ לְרַב פָּפָּא? וְהָא מִדַּאֲמַר לֵיהּ רַב פָּפָּא לְאַבָּיֵי: מִי סָבַר שְׁמוּאֵל יָדַיִם שֶׁאֵין מוֹכִיחוֹת הָוְיָין יָדַיִם, מִכְּלָל דִּסְבִירָא לֵיהּ לְרַב פָּפָּא דְּיֵשׁ יָד לְקִידּוּשִׁין! חֲדָא מִגּוֹ מַאי דִּסְבִירָא לֵיהּ לִשְׁמוּאֵל אֲמַר לֵיהּ לְאַבָּיֵי.
The Gemara asks: Did Rav Pappa raise this as a dilemma? But from the fact that Rav Pappa said to Abaye in a case concerning betrothal (see Kiddushin 5b): Does Shmuel hold that ambiguous intimations are valid intimations, it can be proven by inference that Rav Pappa holds that there is intimation for betrothal. The Gemara answers: Rav Pappa spoke to Abaye about one of the opinions that Shmuel held. Shmuel had ruled that even an ambiguous intimation was sufficient in the case of betrothal, and Rav Pappa questioned this ruling without expressing his own opinion that even obvious intimations are not valid with regard to betrothal.
בָּעֵי רַב פָּפָּא: יֵשׁ יָד לְפֵאָה, אוֹ אֵין יָד לְפֵאָה? הֵיכִי דָמֵי: אִילֵימָא דְּאָמַר ״הָדֵין אוּגְיָא לֶיהֱוֵי פֵּאָה, וְהָדֵין נָמֵי״ — הָהִיא פֵּיאָה מְעַלַּיְיתָא הִיא. כִּי קָא מִיבַּעְיָא לֵיהּ, כְּגוֹן דְּאָמַר ״וְהָדֵין״ וְלָא אָמַר ״נָמֵי״, מַאי?
§ Rav Pappa raised another dilemma: Is there intimation for pe’a, the produce in the corner of a field that must be left for the poor, or is there no intimation for pe’a? The Gemara asks: What are the circumstances of the case? If we say it is a case where one said: This furrow [ugeya] shall be pe’a and this one too, this is a full-fledged declaration of pe’a. The Gemara explains: He raises the dilemma with regard to a case where he said: And this, and he did not say: And this one too, and therefore his statement can be interpreted to mean that this other furrow should remain his and not be included in the pe’a (Tosafot). What is the halakha in this case?
מִכְּלָל, דְּכִי אָמַר ״שָׂדֶה כּוּלָּהּ תֶּיהְוֵי פֵּאָה״, הָוְיָא פֵּאָה?
The Gemara interrupts this train of thought and wonders: Does this prove by inference that in a case where one said: The entire field shall be pe’a, it would all be rendered pe’a? The case must be one where the first furrow was large enough to serve as pe’a for the entire field, because if that were not the case, it would be clear that he meant that the second furrow should also be pe’a. Consequently, it is clear from Rav Pappa’s question that one can designate as pe’a a larger portion of the field than one is absolutely required to designate.
אִין, וְהָתַנְיָא: מִנַּיִן שֶׁאִם רוֹצֶה לַעֲשׂוֹת כׇּל שָׂדֵהוּ פֵּאָה — עוֹשֶׂה, תַּלְמוּד לוֹמַר: ״פְּאַת שָׂדְךָ״.
The Gemara answers: Yes, and it is taught in the following baraita: From where is it derived that if one wants to render his entire field pe’a, he may do so? The verse states: “You shall not wholly reap the corner of your field” (Leviticus 19:9). This is expounded to mean that the entirety of “your field” may be designated as the “corner” that is left for the poor.
מִי אָמְרִינַן: כֵּיוָן דְּאִיתַּקַּשׁ לְקׇרְבְּנוֹת; מָה קׇרְבָּנוֹת יֵשׁ לָהֶם יָד, אַף פֵּאָה יֵשׁ לָהּ יָד. אוֹ דִלְמָא: כִּי אִיתַּקַּשׁ — לְ״בַל תְּאַחֵר״ הוּא דְּאִיתַּקַּשׁ. וְהֵיכָא אִיתַּקַּשׁ? דְּתַנְיָא:
The Gemara returns to its discussion of Rav Pappa’s dilemma. Do we say that since pe’a is juxtaposed to offerings, just as offerings have intimation, so too, pe’a has intimation? Or perhaps when pe’a is juxtaposed to offerings, it is juxtaposed to indicate only that it is subject to the prohibition: You shall not delay? The Gemara clarifies: And where is it juxtaposed? As it is taught in a baraita:
Follow 
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.
Making Vows and Making Changes: From Biblical Vows to Modern Halacha
01.26.2023 | ד׳ בשבט תשפ״ג
Do Words Matter: Words Enabling the Mutation of Antisemitism
01.26.2023 | ד׳ בשבט תשפ״ג
The Father, the Husband and a Woman’s Vows – On Second Thought 3
01.24.2023 | ב׳ בשבט תשפ״ג
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.
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
Worcester, United States
I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.
Leah Herzog
Givat Zev, 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
Atlanta, United States
I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.
Meira Shapiro
NJ, United States
I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.
Naomi Niederhoffer
Toronto, Canada
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
Yad Binyamin, Israel
I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.
Leah Goldford
Edmonton, Alberta, Canada
I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!
Shoshana Ruerup
Berlin, Germany
I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.
Jodi Gladstone
Warwick, Rhode Island, United States
I’ve been wanting to do Daf Yomi for years, but always wanted to start at the beginning and not in the middle of things. When the opportunity came in 2020, I decided: “this is now the time!” I’ve been posting my journey daily on social media, tracking my progress (#DafYomi); now it’s fully integrated into my daily routines. I’ve also inspired my partner to join, too!
Joséphine Altzman
Teaneck, United States
I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.
Miriam Pollack
Honolulu, Hawaii, United States
I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.
Leeza Hirt Wilner
New York, United States
I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.
Meira Shapiro
NJ, United States
Retirement and Covid converged to provide me with the opportunity to commit to daily Talmud study in October 2020. I dove into the middle of Eruvin and continued to navigate Seder Moed, with Rabannit Michelle as my guide. I have developed more confidence in my learning as I completed each masechet and look forward to completing the Daf Yomi cycle so that I can begin again!
Rhona Fink
San Diego, United States
My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others. Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life. Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.
Rina Goldberg
Englewood NJ, 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
Memphis, Tennessee, 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
Ontario, Canada
I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.
Michelle Lewis
Beit Shemesh, 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
Neve Daniel, Israel
“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
New York, United States
Nedarim 6
דְּאֵין אָדָם מְגָרֵשׁ אֶת אֵשֶׁת חֲבֵירוֹ, אֲבָל בְּעָלְמָא — מִי שָׁמְעַתְּ לְהוּ?
as a man does not divorce the wife of his fellow, so it is obvious that he is writing the bill of divorce to his wife. However, did you hear them state generally that ambiguous intimations are valid intimations?
מֵיתִיבִי: ״הֲרֵי הוּא עָלַי״, ״הֲרֵי זֶה [עָלַי]״ — אָסוּר, מִפְּנֵי שֶׁהוּא יָד לְקׇרְבָּן. טַעְמָא דְּאָמַר ״עָלַי״ — הוּא דְּאָסוּר, אֲבָל לָא אָמַר ״עָלַי״ — לָא. תְּיוּבְתָּא דְאַבָּיֵי!
The Gemara raises an objection based upon the following baraita: If one says with regard to an object lying before him: It is upon me, or: This is hereby upon me, it is forbidden, because it is an intimation that he is rendering the object forbidden to himself like an offering. This baraita indicates that the reason it is forbidden is that he specifically said: Upon me. However, if he did not say: Upon me, no, it is not forbidden, because this expression is an ambiguous intimation. This is a conclusive refutation of the opinion of Abaye, who holds that even ambiguous intimations are valid intimations.
אָמַר לָךְ אַבָּיֵי: טַעְמָא דְּאָמַר ״עָלַי״ — הוּא דְּאָסוּר. אֲבָל אָמַר ״הֲרֵי הוּא״, וְלָא אָמַר ״עָלַי״, ״הֲרֵי הוּא דְּהֶפְקֵר״ ״הֲרֵי הוּא דִּצְדָקָה״ קָאָמַר. וְהָא ״מִפְּנֵי שֶׁהוּא יָד לְקׇרְבָּן״ קָתָנֵי!
The Gemara answers: Abaye could have said to you that the reason it is forbidden is that he specifically said: Upon me. However, if he said: It is hereby, and did not say: Upon me, his statement is not considered an intimation of a vow at all, as he could have been saying: It is hereby ownerless property, or: It is hereby charity. The Gemara asks: But the baraita teaches that the object is forbidden because his statement is an intimation that he is rendering the object forbidden to himself like an offering. With regard to consecrating an offering, even the statement: This is, without the additional phrase: Upon me, is considered an intimation. Nevertheless, the baraita indicates that if one does not say: Upon me, the vow does not take effect. This must be because an ambiguous intimation is not a vow.
אֶלָּא אֵימָא: טַעְמָא דְּאָמַר ״עָלַי״ — הוּא אָסוּר וַחֲבֵירוֹ מוּתָּר, אֲבָל אָמַר ״הֲרֵי הוּא״ — שְׁנֵיהֶן אֲסוּרִין, דְּדִלְמָא ״הֲרֵי הוּא הֶקְדֵּשׁ״ קָאָמַר.
Rather, say the following: The reason is that he specifically said: Upon me; consequently, he is prohibited from benefiting from the object, but another person is permitted to benefit from it. However, if he said: It is hereby, and did not add the expression: Upon me, both of them are prohibited from benefiting from it because perhaps he is saying: It is hereby consecrated property. In other words, there is concern that he may have actually consecrated the object rather than taking a vow that it is forbidden to him as though it were consecrated.
מֵיתִיבִי: ״הֲרֵי זוֹ חַטָּאת״ ״הֲרֵי זוֹ אָשָׁם״, אַף עַל פִּי שֶׁהוּא חַיָּיב חַטָּאת וְאָשָׁם — לֹא אָמַר כְּלוּם. ״הֲרֵי זוֹ חַטָּאתִי״ ״הֲרֵי זוֹ אֲשָׁמִי״, אִם הָיָה מְחוּיָּב — דְּבָרָיו קַיָּימִין. תְּיוּבְתָּא דְּאַבָּיֵי!
The Gemara raises an objection to this on the basis of the following baraita: If one says: This is hereby a sin-offering, or: This is hereby a guilt-offering, then even if he is liable to bring a sin-offering or guilt-offering he has said nothing, as this is an ambiguous intimation. However, if he said: This is hereby my sin-offering, or: This is hereby my guilt-offering, then if he was liable to bring that offering his statement takes effect, because this is an obvious intimation. This is a conclusive refutation of the opinion of Abaye.
אָמַר לָךְ אַבָּיֵי: הָא מַנִּי — רַבִּי יְהוּדָה הִיא. וְהָא אַבָּיֵי הוּא דְּאָמַר: אֲנָא דַּאֲמַרִי — אֲפִילּוּ לְרַבִּי יְהוּדָה! הֲדַר בֵּיהּ.
The Gemara answers: Abaye could have said to you: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Yehuda, who holds that ambiguous intimations are not intimations. The Gemara asks: Wasn’t it Abaye who said: I say that ambiguous intimations are valid intimations even according to the opinion of Rabbi Yehuda? The Gemara answers: He retracted this statement and admitted that Rabbi Yehuda holds that ambiguous intimations are not valid intimations.
אֶלָּא לֵימָא, רָבָא דְּאָמַר כְּרַבִּי יְהוּדָה?
The Gemara asks: But shall we say that just as Abaye retracted his statement that his opinion can be stated even according to Rabbi Yehuda, Rava, who said that ambiguous intimations are not valid intimations, also retracted his initial statement and admitted that his opinion is only in accordance with the opinion of Rabbi Yehuda and is not in accordance with the opinion of the Rabbis?
אָמַר לָךְ רָבָא: אֲנָא דַּאֲמַרִי — אֲפִילּוּ לְרַבָּנַן. עַד כָּאן לָא קָאָמְרִי רַבָּנַן דְּלָא בָּעִינַן יָדַיִם מוֹכִיחוֹת אֶלָּא גַּבֵּי גֵּט, דְּאֵין אָדָם מְגָרֵשׁ אֶת אֵשֶׁת חֲבֵירוֹ. אֲבָל בְּעָלְמָא בָּעִינַן יָדַיִם מוֹכִיחוֹת.
The Gemara answers: Rava could have said to you: I say my statement even according to the opinion of the Rabbis. The Rabbis say that we do not require obvious intimations only with regard to a bill of divorce, as a man does not divorce the wife of his fellow, so it is obvious that he is writing the bill of divorce to his wife. However, generally we require obvious intimations.
בָּעֵי רַב פָּפָּא: יֵשׁ יָד לְקִידּוּשִׁין, אוֹ לָא? הֵיכִי דָמֵי: אִילֵימָא דְּאָמַר לַהּ לְאִשָּׁה ״הֲרֵי אַתְּ מְקוּדֶּשֶׁת לִי״, וְאָמַר לַחֲבֶירְתָּהּ ״וְאַתְּ נָמֵי״ — פְּשִׁיטָא הַיְינוּ קִידּוּשִׁין עַצְמָן! אֶלָּא כְּגוֹן דְּאָמַר לַהּ לְאִשָּׁה ״הֲרֵי אַתְּ מְקוּדֶּשֶׁת לִי״, וְאָמַר לַהּ לַחֲבֶירְתָּהּ ״וְאַתְּ״. מִי אָמְרִינַן ״וְאַתְּ נָמֵי״ אֲמַר לַהּ לַחֲבֶירְתָּהּ, וְתָפְסִי בַּהּ קִידּוּשִׁין לַחֲבֶירְתָּהּ, אוֹ דִּלְמָא: ״וְאַתְּ חֲזַאי״ אֲמַר לַהּ לַחֲבֶירְתַּהּ, וְלָא תָּפְסִי בָּהּ קִידּוּשִׁין בַּחֲבֶירְתַּהּ.
§ Rav Pappa raised a dilemma: Is there intimation for betrothal or not? Does betrothal take effect via an incomplete statement? The Gemara asks: What are the circumstances of such a case? If we say it is a case where one said to a woman: You are hereby betrothed to me, and he said to another woman: And you too, isn’t it obvious that this is betrothal itself, and it takes effect? Rather, it is a case where one said to a woman: You are hereby betrothed to me, and he said to another woman: And you. Do we say that he said the other woman: And you too are betrothed, and betrothal takes effect with regard to the other woman, or perhaps he said to the other woman: And you see that I am betrothing this woman, and betrothal does not take effect with regard to the other woman?
וּמִי מִיבְּעֵי לֵיהּ לְרַב פָּפָּא? וְהָא מִדַּאֲמַר לֵיהּ רַב פָּפָּא לְאַבָּיֵי: מִי סָבַר שְׁמוּאֵל יָדַיִם שֶׁאֵין מוֹכִיחוֹת הָוְיָין יָדַיִם, מִכְּלָל דִּסְבִירָא לֵיהּ לְרַב פָּפָּא דְּיֵשׁ יָד לְקִידּוּשִׁין! חֲדָא מִגּוֹ מַאי דִּסְבִירָא לֵיהּ לִשְׁמוּאֵל אֲמַר לֵיהּ לְאַבָּיֵי.
The Gemara asks: Did Rav Pappa raise this as a dilemma? But from the fact that Rav Pappa said to Abaye in a case concerning betrothal (see Kiddushin 5b): Does Shmuel hold that ambiguous intimations are valid intimations, it can be proven by inference that Rav Pappa holds that there is intimation for betrothal. The Gemara answers: Rav Pappa spoke to Abaye about one of the opinions that Shmuel held. Shmuel had ruled that even an ambiguous intimation was sufficient in the case of betrothal, and Rav Pappa questioned this ruling without expressing his own opinion that even obvious intimations are not valid with regard to betrothal.
בָּעֵי רַב פָּפָּא: יֵשׁ יָד לְפֵאָה, אוֹ אֵין יָד לְפֵאָה? הֵיכִי דָמֵי: אִילֵימָא דְּאָמַר ״הָדֵין אוּגְיָא לֶיהֱוֵי פֵּאָה, וְהָדֵין נָמֵי״ — הָהִיא פֵּיאָה מְעַלַּיְיתָא הִיא. כִּי קָא מִיבַּעְיָא לֵיהּ, כְּגוֹן דְּאָמַר ״וְהָדֵין״ וְלָא אָמַר ״נָמֵי״, מַאי?
§ Rav Pappa raised another dilemma: Is there intimation for pe’a, the produce in the corner of a field that must be left for the poor, or is there no intimation for pe’a? The Gemara asks: What are the circumstances of the case? If we say it is a case where one said: This furrow [ugeya] shall be pe’a and this one too, this is a full-fledged declaration of pe’a. The Gemara explains: He raises the dilemma with regard to a case where he said: And this, and he did not say: And this one too, and therefore his statement can be interpreted to mean that this other furrow should remain his and not be included in the pe’a (Tosafot). What is the halakha in this case?
מִכְּלָל, דְּכִי אָמַר ״שָׂדֶה כּוּלָּהּ תֶּיהְוֵי פֵּאָה״, הָוְיָא פֵּאָה?
The Gemara interrupts this train of thought and wonders: Does this prove by inference that in a case where one said: The entire field shall be pe’a, it would all be rendered pe’a? The case must be one where the first furrow was large enough to serve as pe’a for the entire field, because if that were not the case, it would be clear that he meant that the second furrow should also be pe’a. Consequently, it is clear from Rav Pappa’s question that one can designate as pe’a a larger portion of the field than one is absolutely required to designate.
אִין, וְהָתַנְיָא: מִנַּיִן שֶׁאִם רוֹצֶה לַעֲשׂוֹת כׇּל שָׂדֵהוּ פֵּאָה — עוֹשֶׂה, תַּלְמוּד לוֹמַר: ״פְּאַת שָׂדְךָ״.
The Gemara answers: Yes, and it is taught in the following baraita: From where is it derived that if one wants to render his entire field pe’a, he may do so? The verse states: “You shall not wholly reap the corner of your field” (Leviticus 19:9). This is expounded to mean that the entirety of “your field” may be designated as the “corner” that is left for the poor.
מִי אָמְרִינַן: כֵּיוָן דְּאִיתַּקַּשׁ לְקׇרְבְּנוֹת; מָה קׇרְבָּנוֹת יֵשׁ לָהֶם יָד, אַף פֵּאָה יֵשׁ לָהּ יָד. אוֹ דִלְמָא: כִּי אִיתַּקַּשׁ — לְ״בַל תְּאַחֵר״ הוּא דְּאִיתַּקַּשׁ. וְהֵיכָא אִיתַּקַּשׁ? דְּתַנְיָא:
The Gemara returns to its discussion of Rav Pappa’s dilemma. Do we say that since pe’a is juxtaposed to offerings, just as offerings have intimation, so too, pe’a has intimation? Or perhaps when pe’a is juxtaposed to offerings, it is juxtaposed to indicate only that it is subject to the prohibition: You shall not delay? The Gemara clarifies: And where is it juxtaposed? As it is taught in a baraita:
Follow
