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POINT BY POINT SUMMARY

Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 34

1) RETURNING A LOST OBJECT

(a) (Mishnah): In a place where people receive money for returning a lost object, this amount is given to Hekdesh.
1. This fits well according to the 2nd opinion - even when neither may benefit from the other, Shimon may return Levi's object.
i. Shimon cannot take the money, nor can he pardon Levi from paying the usual reward, so Levi must give it to Hekdesh.
2. Question: According to the 1st opinion, Shimon can only return it when he may benefit from Levi - why can't he take the reward, why must it go to Hekdesh?
3. Answer: The Mishnah speaks in a case where Shimon refuses to take the reward; since he may not pardon Levi, it must go to Hekdesh.
(b) Version #2 (R. Ami or R. Asi): Shimon can only return Levi's object when Levi is allowed to benefit from Shimon.
1. It is rare that one saves money through Rav Yosef's law, so we are not concerned about this.
(c) But if Levi is forbidden to benefit from Shimon, Shimon may not return Levi's object, for this benefits Levi.
(d) (R. Ami or R. Asi - the one who did not say (b)): Even in this case, he may return it - he is not giving him anything, he merely returns Levi's property to him.
(e) (Mishnah): In a place where people receive money for returning a lost object, this amount is given to Hekdesh.
1. This fits well according to the 2nd opinion, as we answered above (a:1).
2. Question: According to the 1st opinion, Shimon can only return it when Levi may benefit from Shimon - why can't Shimon pardon the reward, why must it go to Hekdesh?
i. This is left difficult.
34b---------------------------------------34b

2) GIVING TO ONE THAT MAY NOT GET BENEFIT

(a) (Rava): An ownerless loaf was in front of Reuven. Reuven declared it to be Hekdesh, then took it..
1. If he took it to eat it, he transgresses Me'ilah (benefiting from Hekdesh) for the full value of the loaf;
2. If he took it so that his children would inherit it, he transgresses Me'ilah according to how much he appreciates this (i.e. how much he would pay in order that they should inherit it).
(b) Question (R. Chiya Bar Avin): Shimon said to Levi, 'My loaf is forbidden to you', then he gave it to him - what is the law?
1. Does 'my loaf' mean, the whole time it is in my possession?
2. Or, since he said 'to you', it is as Hekdesh to Levi and always forbidden.
(c) Answer (Rava): Clearly, it is forbidden to Levi.
1. If you would say it is permitted, why did he say '*My* loaf' - could you say he only forbade it if Levi should steal it?!
(d) Rejection (R. Chiya Bar Avin): Really, you can say it is permitted; 'My loaf' comes to prohibit it if Shimon should invite Levi to eat from it.
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