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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