Search

Nedarim 84

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 Adrienne Robb-Fund in honor of her friend and chavruta, Joanna Rom, on her birthday!

Today’s daf is sponsored by Idana Goldberg on the first yahrzeit of Meyer Weitz, Meir Ben Yehoshua v’Leah. “An Orthodox feminist, my grandfather was so proud of my gemara knowledge and even in his 101st year always asked what masechet I was learning.”

Rava challenged Rav Nachman from a different Mishna in the chapter which seemed to imply that the husband was included in a vow made against ‘all people’. The difficulty is resolved by distinguishing between the two Mishnayot. From our Mishna it has been established that a woman who vows to not benefit from others can collect the produce left in the fields but cannot collect produce from the tithe of the poor people. However, in the Tosefta the tithe for the poor people is added to the list with the other gifts for the poor. Rav Yosef suggests that the contradiction between the Mishna and the Tosefta can be resolved by connecting each source to a different tannaitic opinion. To prove this, he quotes a Mishna in Demai 4:3 which relates a dispute between Rabbi Eliezer and the rabbis regarding the obligation to separate the tithe for the poor from produce taken from an am haaeretz. He connects their opinions there to whether or not the one who separates the tithe for the poor can decide who they want to give it to which would then translate as still being “owned” by them. But Abaye rejects Rav Yosef’s explanation because he does not see the point of contention between them as Rav Yosef did. Rava offers a different resolution in that the Mishna and the Tosefta refer to two different cases of the tithe for the poor – one who set aside it from in the house and the one who set it aside in the threshing floor/field. From the one at home, the owner can choose who to give it to but the one in the field has to be left ownerless for anyone to come to take. In the Mishna, there were two laws regarding a woman who vows that Kohanim/Levites won’t benefit from her. From the first case, it can be inferred that getting to choose who to give the gifts to is not considered financial value. From the second case, the opposite can be inferred. Rav Hoshaya suggests that each case represents a different tannaitic opinion and he quotes a braita where those opinions appear and explains how the root of the debate there is the same as here.

Today’s daily daf tools:

Nedarim 84

אֵיתִיבֵיהּ רָבָא לְרַב נַחְמָן: וּבַעַל לָאו בִּכְלַל בְּרִיּוֹת הוּא? וְהָתְנַן: ״נְטוּלָה אֲנִי מִן הַיְּהוּדִים״ — יָפֵר חֶלְקוֹ, וּתְהֵא מְשַׁמַּשְׁתּוֹ, וּתְהֵא נְטוּלָה מִן הַיְּהוּדִים.

Rava raised an objection to the opinion of Rav Naḥman: And is a husband not included in her reference to people? But didn’t we learn otherwise in a mishna (90b): If a woman said: I am removed from the Jews, i.e., the benefit of intercourse with me is prohibited to all Jews, her husband must nullify his part, i.e., the part that affects him. She would be permitted to him, and she may engage in intercourse with him, but she is removed from all other Jews, so that if he divorces her, she is forbidden to all.

וְאִי אָמְרַתְּ בַּעַל לָאו בִּכְלַל ״בְּרִיּוֹת״ הוּא, נִדְרֵי עִינּוּי נֶפֶשׁ הֵן, וְיָפֵר לָהּ לְעוֹלָם!

The Gemara explains the difficulty: If you say that the husband is included in this vow, it follows that he can nullify his part, as it is a vow that adversely affects the relationship between him and her, but the vow is not permanently nullified; if they divorce she is removed from all Jews, including him. But if you say a husband is not included in her reference to people, then it is not a vow that touches upon their personal relationship, but rather it is a vow of affliction, and he can nullify it for her forever.

אֵימָא לָךְ: שָׁאנֵי הָכָא, דְּמוֹכְחָא מִלְּתָא דְּעַל הֶיתֵּרָא קָאָסְרָה נַפְשַׁהּ.

Rav Naḥman responded: I could say to you that in general a husband is not included in her reference to people, but here it is different, as it is clear that the woman means to include her husband in the vow, as she means to render forbidden to herself a matter that is otherwise permitted to her and not to render forbidden to herself intercourse with men other than her husband, which is in any case forbidden to her. Therefore, she certainly intended to render herself forbidden to her husband.

יְכוֹלָה לֵיהָנוֹת בְּלֶקֶט שִׁכְחָה וּפֵאָה. וְלָא קָתָנֵי וּבְמַעְשַׂר עָנִי. וְהָתַנְיָא בְּבָרַיְיתָא: וּבְמַעְשַׂר עָנִי!

§ The mishna teaches that if a woman took a vow prohibiting herself from benefiting from people, she may nevertheless benefit from gleanings, forgotten sheaves, and pe’a. The Gemara notes that the mishna does not teach that she may benefit from these gifts and also from poor man’s tithe. The Gemara asks: But isn’t it taught in a baraita that she may benefit from these gifts and also from poor man’s tithe?

אָמַר רַב יוֹסֵף: לָא קַשְׁיָא הָא — רַבִּי אֱלִיעֶזֶר, הָא — רַבָּנַן. דִּתְנַן, רַבִּי אֱלִיעֶזֶר אוֹמֵר: אֵין אָדָם צָרִיךְ לִקְרוֹת שֵׁם עַל מַעְשַׂר עָנִי שֶׁל דְּמַאי.

Rav Yosef said: This is not difficult, as the matter is the subject of a tannaitic dispute. This baraita that says that the woman may derive benefit even from poor man’s tithe reflects the opinion of Rabbi Eliezer, whereas that mishna, which does not mention poor man’s tithe, reflects the opinion of the Rabbis, as we learned in a mishna (Demai 4:3): Rabbi Eliezer says: A person need not actually set aside, nor even designate by name, the poor man’s tithe of doubtfully tithed produce [demai], i.e., produce purchased from an am ha’aretz, one who is not diligent in separating tithes, as poor man’s tithe has no sanctity, and a poor man cannot claim it from him, since he cannot offer proof that this produce in fact has the status of poor man’s tithe.

וַחֲכָמִים אוֹמְרִים: קוֹרֵא שֵׁם, וְאֵין צָרִיךְ לְהַפְרִישׁ. מַאי לָאו, לְמַאן דְּאָמַר סְפֵקוֹ טוֹבֵל, קָסָבַר: אִית לֵיהּ טוֹבַת הֲנָאָה, וְכֵיוָן דְּאִית לֵיהּ טוֹבַת הֲנָאָה — לָא מַהְנְיָא.

And the Rabbis say: He must designate poor man’s tithe by name, but he need not actually set it aside and give it to anyone, as a poor person cannot claim the tithe without bringing proof that he has a right to it. Rav Yosef now suggests: What, is it not that according to the one, i.e., the Rabbis, who says that the uncertainty as to whether or not poor man’s tithe had been separated by the am ha’aretz renders the produce forbidden as untithed produce [tevel], and therefore the owner of the produce must designate the poor man’s tithe by name, he holds that the owner of the produce has the benefit of discretion, meaning that he may give the poor man’s tithe to the poor person of his choice. And since he has the benefit of discretion, the option that a woman who vowed not to benefit from people should take poor man’s tithe is ineffective, as she would be receiving benefit from the owner of the tithe, since he could have given it to someone else.

וּלְמַאן דְּאָמַר [אֵינוֹ] קוֹרֵא שֵׁם, קָסָבַר: סְפֵקוֹ אֵינוֹ טוֹבֵל, וְכׇל שֶׁסְּפֵקוֹ אֵינוֹ טוֹבֵל — לֵית לֵיהּ טוֹבַת הֲנָאָה, וּשְׁרֵי לֵיהּ לְאִיתְהֲנוֹיֵי.

Rav Yosef continues: And according to the one, i.e., Rabbi Eliezer, who says that he need not designate poor man’s tithe by name, he holds that the uncertainty as to whether or not poor man’s tithe had been separated by the am ha’aretz does not render the produce forbidden as untithed produce. And whenever the case is that uncertainty does not render the produce forbidden as untithed produce, the owner does not have the benefit of discretion and does not choose to which poor person he will give it. And therefore one who vowed not to benefit from people is permitted to derive benefit from poor man’s tithe, as he is not receiving it from anyone.

אֲמַר לֵיהּ אַבָּיֵי: דְּכוּלֵּי עָלְמָא סְפֵקוֹ טוֹבֵל, וְרַבִּי אֱלִיעֶזֶר וְרַבָּנַן בְּהָא קָמִיפַּלְגִי. רַבִּי אֱלִיעֶזֶר סָבַר: לֹא נֶחְשְׁדוּ עַמֵּי הָאָרֶץ עַל מַעְשַׂר עָנִי. כֵּיוָן דְּאִילּוּ מַפְקַר נִכְסֵיהּ וְהָוֵי עָנִי וְשָׁקֵל לֵיהּ הוּא — לֵית לֵיהּ פְּסֵידָא.

Abaye said to him: This proof is not conclusive, as it may be that everyone agrees that the uncertainty as to whether or not poor man’s tithe had been separated by the am ha’aretz renders the produce forbidden as untithed produce, and that Rabbi Eliezer and the Rabbis disagree with regard to this issue: Rabbi Eliezer maintains that amei ha’aretz are not suspected of failing to set aside poor man’s tithe. Therefore, one who purchases demai from an am ha’aretz need not be concerned that its poor man’s tithe might not have been set aside. Rabbi Eliezer maintains this opinion because were the am ha’aretz to declare all his property ownerless and therefore become a poor man, and then take the poor man’s tithe himself, he would suffer no loss when he set aside this tithe, and therefore it is assumed that he separated it.

וְרַבָּנַן סָבְרִי: נִכְסֵיהּ לָא מַפְקַר אִינִישׁ, דְּמִירְתַת דִּלְמָא זָכֵי בְּהוּ אִינִישׁ אַחֲרִינָא. הִלְכָּךְ — נֶחְשְׁדוּ.

And the Rabbis maintain that while it is theoretically possible for one to avoid having to actually part from his poor man’s tithe, this is uncommon, as a person does not ordinarily declare his property ownerless for this purpose, as he is afraid that perhaps someone else will acquire it in the meantime. Consequently, one who sets aside poor man’s tithe from his produce is assumed to incur a loss, and therefore amei ha’aretz are suspected with regard to this tithe. Accordingly, no satisfactory explanation has yet been given as to why the baraita permits a woman who vowed not to derive benefit from people to take poor man’s tithe.

רָבָא אוֹמֵר: כָּאן בְּמַעְשַׂר עָנִי הַמִּתְחַלֵּק בְּתוֹךְ הַבַּיִת, דִּכְתִיבָא בֵּיהּ נְתִינָה: ״וְנָתַתָּה לַלֵּוִי לַגֵּר וְגוֹ׳״ — מִשּׁוּם הָכִי אָסוּר לֵיהּ לְאִיתְהֲנוֹיֵי.

Rava says that it is possible to explain the apparent contradiction between the sources with regard to benefit from poor man’s tithe without recourse to a tannaitic dispute: Here, the mishna is referring to poor man’s tithe distributed in the owner’s house, i.e., poor man’s tithe that had not been distributed in the threshing floor but was brought home and must now be distributed to the poor who visit the house, as the term giving is written in the verse with regard to such a tithe: “And you shall give to the Levite, to the stranger, to the orphan, and to the widow” (Deuteronomy 26:12), and the owner is entitled to give the tithe to the poor man of his choice, as the benefit of discretion is conferred upon him. Due to that reason, it is prohibited for one who vowed not to derive benefit from people to derive benefit from this type of poor man’s tithe.

כָּאן בְּמַעְשַׂר עָנִי הַמִּתְחַלֵּק בְּתוֹךְ הַגֳּרָנוֹת. כֵּיוָן דִּכְתִיב בֵּיהּ ״וְהִנַּחְתָּ בִּשְׁעָרֶיךָ״, שְׁרֵי לֵיהּ לְאִיתְהֲנוֹיֵי.

There, however, the baraita is referring to poor man’s tithe that is distributed in the threshing floor. Since with regard to such a tithe it is written: “And you shall leave it at your gates” (Deuteronomy 14:28), the owner cannot designate it for a particular person, and any poor person who comes by may take it from him. As the owner lacks the benefit of discretion, one who vows not to benefit from people is permitted to benefit from this poor man’s tithe.

כֹּהֲנִים וּלְוִיִּם נֶהֱנִין לִי יִטְּלוּ כּוּ׳. אַלְמָא טוֹבַת הֲנָאָה אֵינָהּ מָמוֹן.

§ The mishna teaches that if one said: I will not let priests and Levites benefit from me, they can take the priestly and Levitical gifts from him against his will. The Gemara notes: Apparently, the benefit of discretion to give his teruma and tithes to the priest or Levite of his choice is not considered to have monetary value. The priests and Levites can take the gifts from the owner of the produce against his will, and the latter is not regarded as having conferred benefit upon them.

אֵימָא סֵיפָא: ״כֹּהֲנִים אֵלּוּ וּלְוִיִּם אֵלּוּ נֶהֱנִין לִי״ — יִטְּלוּ אֲחֵרִים, אֲבָל לְהָנֵי — לָא. אַלְמָא טוֹבַת הֲנָאָה מָמוֹן!

But say the latter clause of the mishna, which states that if the person said: I will not let these specific priests and these specific Levites benefit from me, these gifts are taken by others. But these priests and Levites specified in his vow may not take these gifts. Apparently, this ruling indicates that the benefit of discretion is considered to have monetary value, and therefore the owner can prohibit specific priests or Levites from deriving benefit from him.

אָמַר רַב הוֹשַׁעְיָא: לָא קַשְׁיָא, הָא רַבִּי, וְהָא רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה. דְּתַנְיָא: הַגּוֹנֵב טִבְלוֹ שֶׁל חֲבֵירוֹ וַאֲכָלוֹ — מְשַׁלֵּם לוֹ דְּמֵי טִבְלוֹ, דִּבְרֵי רַבִּי. רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה אוֹמֵר: אֵינוֹ מְשַׁלֵּם אֶלָּא דְּמֵי חוּלִּין שֶׁבּוֹ. מַאי לָאו בְּהָא קָמִיפַּלְגִי,

Rav Hoshaya said: This is not difficult; this second ruling is in accordance with the opinion of Rabbi Yehuda HaNasi, and that first ruling is in accordance with the opinion of Rabbi Yosei, son of Rabbi Yehuda, as it is taught in a baraita: If one steals another’s untithed produce and eats it, he must pay him the value of his untithed produce, i.e., the full value of what he stole. This is the statement of Rabbi Yehuda HaNasi. Rabbi Yosei, son of Rabbi Yehuda, disagrees and says: He pays him only the value of the non-sacred produce it contained. The thief does not have to pay him the value of the teruma and tithe included in the untithed produce, as these portions do not belong to the owner of the produce. What, is it not the case that they disagree about this:

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. 

I LOVE learning the Daf. I started with Shabbat. I join the morning Zoom with Reb Michelle and it totally grounds my day. When Corona hit us in Israel, I decided that I would use the Daf to keep myself sane, especially during the days when we could not venture out more than 300 m from our home. Now my husband and I have so much new material to talk about! It really is the best part of my day!

Batsheva Pava
Batsheva Pava

Hashmonaim, Israel

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

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

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
Meira Shapiro

NJ, United States

I was exposed to Talmud in high school, but I was truly inspired after my daughter and I decided to attend the Women’s Siyum Shas in 2020. We knew that this was a historic moment. We were blown away, overcome with emotion at the euphoria of the revolution. Right then, I knew I would continue. My commitment deepened with the every-morning Virtual Beit Midrash on Zoom with R. Michelle.

Adina Hagege
Adina Hagege

Zichron Yaakov, Israel

It’s hard to believe it has been over two years. Daf yomi has changed my life in so many ways and has been sustaining during this global sea change. Each day means learning something new, digging a little deeper, adding another lens, seeing worlds with new eyes. Daf has also fostered new friendships and deepened childhood connections, as long time friends have unexpectedly become havruta.

Joanna Rom
Joanna Rom

Northwest Washington, United States

After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.

Susan-Vishner-Hadran-photo-scaled
Susan Vishner

Brookline, United States

I started my Daf Yomi journey at the beginning of the COVID19 pandemic.

Karena Perry
Karena Perry

Los Angeles, United States

Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.

Shira Eliaser
Shira Eliaser

Skokie, IL, United States

I read Ilana Kurshan’s “If All the Seas Were Ink” which inspired me. Then the Women’s Siyum in Jerusalem in 2020 convinced me, I knew I had to join! I have loved it- it’s been a constant in my life daily, many of the sugiyot connect to our lives. My family and friends all are so supportive. It’s incredible being part of this community and love how diverse it is! I am so excited to learn more!

Shira Jacobowitz
Shira Jacobowitz

Jerusalem, Israel

I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.

Medinah Korn
Medinah Korn

בית שמש, 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

Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

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

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

Hannah-G-pic
Hannah Greenberg

Pennsylvania, United States

I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Sigal Spitzer Flamholz

Bronx, United States

In early January of 2020, I learned about Siyyum HaShas and Daf Yomi via Tablet Magazine’s brief daily podcast about the Daf. I found it compelling and fascinating. Soon I discovered Hadran; since then I have learned the Daf daily with Rabbanit Michelle Cohen Farber. The Daf has permeated my every hour, and has transformed and magnified my place within the Jewish Universe.

Lisa Berkelhammer
Lisa Berkelhammer

San Francisco, CA , United States

I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!

Rochel Cheifetz
Rochel Cheifetz

Riverdale, NY, United States

I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

Catriella-Freedman-jpeg
Catriella Freedman

Zichron Yaakov, Israel

I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

Nedarim 84

אֵיתִיבֵיהּ רָבָא לְרַב נַחְמָן: וּבַעַל לָאו בִּכְלַל בְּרִיּוֹת הוּא? וְהָתְנַן: ״נְטוּלָה אֲנִי מִן הַיְּהוּדִים״ — יָפֵר חֶלְקוֹ, וּתְהֵא מְשַׁמַּשְׁתּוֹ, וּתְהֵא נְטוּלָה מִן הַיְּהוּדִים.

Rava raised an objection to the opinion of Rav Naḥman: And is a husband not included in her reference to people? But didn’t we learn otherwise in a mishna (90b): If a woman said: I am removed from the Jews, i.e., the benefit of intercourse with me is prohibited to all Jews, her husband must nullify his part, i.e., the part that affects him. She would be permitted to him, and she may engage in intercourse with him, but she is removed from all other Jews, so that if he divorces her, she is forbidden to all.

וְאִי אָמְרַתְּ בַּעַל לָאו בִּכְלַל ״בְּרִיּוֹת״ הוּא, נִדְרֵי עִינּוּי נֶפֶשׁ הֵן, וְיָפֵר לָהּ לְעוֹלָם!

The Gemara explains the difficulty: If you say that the husband is included in this vow, it follows that he can nullify his part, as it is a vow that adversely affects the relationship between him and her, but the vow is not permanently nullified; if they divorce she is removed from all Jews, including him. But if you say a husband is not included in her reference to people, then it is not a vow that touches upon their personal relationship, but rather it is a vow of affliction, and he can nullify it for her forever.

אֵימָא לָךְ: שָׁאנֵי הָכָא, דְּמוֹכְחָא מִלְּתָא דְּעַל הֶיתֵּרָא קָאָסְרָה נַפְשַׁהּ.

Rav Naḥman responded: I could say to you that in general a husband is not included in her reference to people, but here it is different, as it is clear that the woman means to include her husband in the vow, as she means to render forbidden to herself a matter that is otherwise permitted to her and not to render forbidden to herself intercourse with men other than her husband, which is in any case forbidden to her. Therefore, she certainly intended to render herself forbidden to her husband.

יְכוֹלָה לֵיהָנוֹת בְּלֶקֶט שִׁכְחָה וּפֵאָה. וְלָא קָתָנֵי וּבְמַעְשַׂר עָנִי. וְהָתַנְיָא בְּבָרַיְיתָא: וּבְמַעְשַׂר עָנִי!

§ The mishna teaches that if a woman took a vow prohibiting herself from benefiting from people, she may nevertheless benefit from gleanings, forgotten sheaves, and pe’a. The Gemara notes that the mishna does not teach that she may benefit from these gifts and also from poor man’s tithe. The Gemara asks: But isn’t it taught in a baraita that she may benefit from these gifts and also from poor man’s tithe?

אָמַר רַב יוֹסֵף: לָא קַשְׁיָא הָא — רַבִּי אֱלִיעֶזֶר, הָא — רַבָּנַן. דִּתְנַן, רַבִּי אֱלִיעֶזֶר אוֹמֵר: אֵין אָדָם צָרִיךְ לִקְרוֹת שֵׁם עַל מַעְשַׂר עָנִי שֶׁל דְּמַאי.

Rav Yosef said: This is not difficult, as the matter is the subject of a tannaitic dispute. This baraita that says that the woman may derive benefit even from poor man’s tithe reflects the opinion of Rabbi Eliezer, whereas that mishna, which does not mention poor man’s tithe, reflects the opinion of the Rabbis, as we learned in a mishna (Demai 4:3): Rabbi Eliezer says: A person need not actually set aside, nor even designate by name, the poor man’s tithe of doubtfully tithed produce [demai], i.e., produce purchased from an am ha’aretz, one who is not diligent in separating tithes, as poor man’s tithe has no sanctity, and a poor man cannot claim it from him, since he cannot offer proof that this produce in fact has the status of poor man’s tithe.

וַחֲכָמִים אוֹמְרִים: קוֹרֵא שֵׁם, וְאֵין צָרִיךְ לְהַפְרִישׁ. מַאי לָאו, לְמַאן דְּאָמַר סְפֵקוֹ טוֹבֵל, קָסָבַר: אִית לֵיהּ טוֹבַת הֲנָאָה, וְכֵיוָן דְּאִית לֵיהּ טוֹבַת הֲנָאָה — לָא מַהְנְיָא.

And the Rabbis say: He must designate poor man’s tithe by name, but he need not actually set it aside and give it to anyone, as a poor person cannot claim the tithe without bringing proof that he has a right to it. Rav Yosef now suggests: What, is it not that according to the one, i.e., the Rabbis, who says that the uncertainty as to whether or not poor man’s tithe had been separated by the am ha’aretz renders the produce forbidden as untithed produce [tevel], and therefore the owner of the produce must designate the poor man’s tithe by name, he holds that the owner of the produce has the benefit of discretion, meaning that he may give the poor man’s tithe to the poor person of his choice. And since he has the benefit of discretion, the option that a woman who vowed not to benefit from people should take poor man’s tithe is ineffective, as she would be receiving benefit from the owner of the tithe, since he could have given it to someone else.

וּלְמַאן דְּאָמַר [אֵינוֹ] קוֹרֵא שֵׁם, קָסָבַר: סְפֵקוֹ אֵינוֹ טוֹבֵל, וְכׇל שֶׁסְּפֵקוֹ אֵינוֹ טוֹבֵל — לֵית לֵיהּ טוֹבַת הֲנָאָה, וּשְׁרֵי לֵיהּ לְאִיתְהֲנוֹיֵי.

Rav Yosef continues: And according to the one, i.e., Rabbi Eliezer, who says that he need not designate poor man’s tithe by name, he holds that the uncertainty as to whether or not poor man’s tithe had been separated by the am ha’aretz does not render the produce forbidden as untithed produce. And whenever the case is that uncertainty does not render the produce forbidden as untithed produce, the owner does not have the benefit of discretion and does not choose to which poor person he will give it. And therefore one who vowed not to benefit from people is permitted to derive benefit from poor man’s tithe, as he is not receiving it from anyone.

אֲמַר לֵיהּ אַבָּיֵי: דְּכוּלֵּי עָלְמָא סְפֵקוֹ טוֹבֵל, וְרַבִּי אֱלִיעֶזֶר וְרַבָּנַן בְּהָא קָמִיפַּלְגִי. רַבִּי אֱלִיעֶזֶר סָבַר: לֹא נֶחְשְׁדוּ עַמֵּי הָאָרֶץ עַל מַעְשַׂר עָנִי. כֵּיוָן דְּאִילּוּ מַפְקַר נִכְסֵיהּ וְהָוֵי עָנִי וְשָׁקֵל לֵיהּ הוּא — לֵית לֵיהּ פְּסֵידָא.

Abaye said to him: This proof is not conclusive, as it may be that everyone agrees that the uncertainty as to whether or not poor man’s tithe had been separated by the am ha’aretz renders the produce forbidden as untithed produce, and that Rabbi Eliezer and the Rabbis disagree with regard to this issue: Rabbi Eliezer maintains that amei ha’aretz are not suspected of failing to set aside poor man’s tithe. Therefore, one who purchases demai from an am ha’aretz need not be concerned that its poor man’s tithe might not have been set aside. Rabbi Eliezer maintains this opinion because were the am ha’aretz to declare all his property ownerless and therefore become a poor man, and then take the poor man’s tithe himself, he would suffer no loss when he set aside this tithe, and therefore it is assumed that he separated it.

וְרַבָּנַן סָבְרִי: נִכְסֵיהּ לָא מַפְקַר אִינִישׁ, דְּמִירְתַת דִּלְמָא זָכֵי בְּהוּ אִינִישׁ אַחֲרִינָא. הִלְכָּךְ — נֶחְשְׁדוּ.

And the Rabbis maintain that while it is theoretically possible for one to avoid having to actually part from his poor man’s tithe, this is uncommon, as a person does not ordinarily declare his property ownerless for this purpose, as he is afraid that perhaps someone else will acquire it in the meantime. Consequently, one who sets aside poor man’s tithe from his produce is assumed to incur a loss, and therefore amei ha’aretz are suspected with regard to this tithe. Accordingly, no satisfactory explanation has yet been given as to why the baraita permits a woman who vowed not to derive benefit from people to take poor man’s tithe.

רָבָא אוֹמֵר: כָּאן בְּמַעְשַׂר עָנִי הַמִּתְחַלֵּק בְּתוֹךְ הַבַּיִת, דִּכְתִיבָא בֵּיהּ נְתִינָה: ״וְנָתַתָּה לַלֵּוִי לַגֵּר וְגוֹ׳״ — מִשּׁוּם הָכִי אָסוּר לֵיהּ לְאִיתְהֲנוֹיֵי.

Rava says that it is possible to explain the apparent contradiction between the sources with regard to benefit from poor man’s tithe without recourse to a tannaitic dispute: Here, the mishna is referring to poor man’s tithe distributed in the owner’s house, i.e., poor man’s tithe that had not been distributed in the threshing floor but was brought home and must now be distributed to the poor who visit the house, as the term giving is written in the verse with regard to such a tithe: “And you shall give to the Levite, to the stranger, to the orphan, and to the widow” (Deuteronomy 26:12), and the owner is entitled to give the tithe to the poor man of his choice, as the benefit of discretion is conferred upon him. Due to that reason, it is prohibited for one who vowed not to derive benefit from people to derive benefit from this type of poor man’s tithe.

כָּאן בְּמַעְשַׂר עָנִי הַמִּתְחַלֵּק בְּתוֹךְ הַגֳּרָנוֹת. כֵּיוָן דִּכְתִיב בֵּיהּ ״וְהִנַּחְתָּ בִּשְׁעָרֶיךָ״, שְׁרֵי לֵיהּ לְאִיתְהֲנוֹיֵי.

There, however, the baraita is referring to poor man’s tithe that is distributed in the threshing floor. Since with regard to such a tithe it is written: “And you shall leave it at your gates” (Deuteronomy 14:28), the owner cannot designate it for a particular person, and any poor person who comes by may take it from him. As the owner lacks the benefit of discretion, one who vows not to benefit from people is permitted to benefit from this poor man’s tithe.

כֹּהֲנִים וּלְוִיִּם נֶהֱנִין לִי יִטְּלוּ כּוּ׳. אַלְמָא טוֹבַת הֲנָאָה אֵינָהּ מָמוֹן.

§ The mishna teaches that if one said: I will not let priests and Levites benefit from me, they can take the priestly and Levitical gifts from him against his will. The Gemara notes: Apparently, the benefit of discretion to give his teruma and tithes to the priest or Levite of his choice is not considered to have monetary value. The priests and Levites can take the gifts from the owner of the produce against his will, and the latter is not regarded as having conferred benefit upon them.

אֵימָא סֵיפָא: ״כֹּהֲנִים אֵלּוּ וּלְוִיִּם אֵלּוּ נֶהֱנִין לִי״ — יִטְּלוּ אֲחֵרִים, אֲבָל לְהָנֵי — לָא. אַלְמָא טוֹבַת הֲנָאָה מָמוֹן!

But say the latter clause of the mishna, which states that if the person said: I will not let these specific priests and these specific Levites benefit from me, these gifts are taken by others. But these priests and Levites specified in his vow may not take these gifts. Apparently, this ruling indicates that the benefit of discretion is considered to have monetary value, and therefore the owner can prohibit specific priests or Levites from deriving benefit from him.

אָמַר רַב הוֹשַׁעְיָא: לָא קַשְׁיָא, הָא רַבִּי, וְהָא רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה. דְּתַנְיָא: הַגּוֹנֵב טִבְלוֹ שֶׁל חֲבֵירוֹ וַאֲכָלוֹ — מְשַׁלֵּם לוֹ דְּמֵי טִבְלוֹ, דִּבְרֵי רַבִּי. רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה אוֹמֵר: אֵינוֹ מְשַׁלֵּם אֶלָּא דְּמֵי חוּלִּין שֶׁבּוֹ. מַאי לָאו בְּהָא קָמִיפַּלְגִי,

Rav Hoshaya said: This is not difficult; this second ruling is in accordance with the opinion of Rabbi Yehuda HaNasi, and that first ruling is in accordance with the opinion of Rabbi Yosei, son of Rabbi Yehuda, as it is taught in a baraita: If one steals another’s untithed produce and eats it, he must pay him the value of his untithed produce, i.e., the full value of what he stole. This is the statement of Rabbi Yehuda HaNasi. Rabbi Yosei, son of Rabbi Yehuda, disagrees and says: He pays him only the value of the non-sacred produce it contained. The thief does not have to pay him the value of the teruma and tithe included in the untithed produce, as these portions do not belong to the owner of the produce. What, is it not the case that they disagree about this:

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