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


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Nedarim 35

1) GIVING TO ONE THAT MAY NOT GET BENEFIT

(a) Question (Beraisa): Levi asked Shimon, 'Lend me your cow'; Shimon responded, 'My cow (or property) is forbidden to you if I own another cow'; or, the same case by an axe;
1. It was found that Shimon owned another; his cow (or property) is forbidden to Levi in Shimon's lifetime; if Shimon died or gave it to him as a gift, it is permitted.
(b) Answer (Rav Acha Brei d'Rav Ika): Shimon gave it to someone else, and that person to Levi.
1. Support (Rav Ashi): The Mishnah says 'Nitnu' (it was given) to him, not 'Nasno' (he gave it).
2) ME'ILAH BY VOWS
(a) Question (Rava): One who transgresses a Konam (a vow forbidding an object as if it was Hekdesh) - has he transgressed Me'ilah?
(b) Answer #1 (Rav Nachman - Mishnah): In a place where people receive money for returning a lost object, this amount is given to Hekdesh.
1. This suggests that the law is as Hekdesh; just as there is Me'ilah by Hekdesh, also by Konamos.
(c) Answer #2: Tana'im argue on this.
1. (Beraisa - R. Meir): 'Konam, this loaf is Hekdesh' - if anyone eats it, he transgresses Me'ilah, therefore the loaf can be redeemed;
2. 'Konam, this loaf is to me Hekdesh' - if he eats it, he transgresses Me'ilah; anyone else would not transgresses Me'ilah for eating it, therefore the loaf cannot be redeemed;
3. Chachamim say, in either case there is no Me'ilah - there is never Me'ilah by Konamos.
(d) Question (Rav Acha Brei d'Rav Avya): 'Reuven said to Shimon, 'My loaf is forbidden to you', then Reuven gave it to Shimon - who transgresses Me'ilah?
1. Suggestion: If Reuven - but it is not forbidden to him!
2. Suggestion: If Shimon - he can say, I only accepted what is permitted, not what is forbidden!
3. Answer (Rav Ashi): Shimon transgresses when he will give it to someone else.
i. Anyone that transfers ownership of Hekdesh, thinking that it is Chulin, transgresses Me'ilah - here also, Shimon!
35b---------------------------------------35b

3) PERFORMING MITZVOS - IS THIS CONSIDERED BENEFIT?

(a) (Mishnah): (A vow forbids Shimon to benefit from Reuven.) Reuven may take Terumah and Ma'aser for Shimon with Shimon's knowledge, he may offer for Shimon bird-offerings of a Zav or Zavah or a woman that gave birth; sin-offerings, and guilt-offerings;
(b) Reuven may teach Shimon: Medrash, laws and non-halachic stories, but not written Torah.
1. He may teach written Torah to Shimon's children.
(c) (Gemara): Question: Kohanim (serving in the Mikdash) - are they Shluchim (agents) on behalf of Yisrael, or on behalf of Hash-m?
1. This affects a Yisrael that is forbidden by a vow to benefit from a Kohen.
i. If they are our agents, a Kohen may not offer sacrifices for the Yisrael;
ii. If they are Hash-m's agents, he may offer the Yisrael's sacrifices.
(d) Answer (Mishnah): He may offer for him bird-offerings of a Zav ...
1. If he is an agent of the Yisrael - he benefits the Yisrael!
(e) Objection: If he is an agent of Hash-m - the Mishnah should have said, he can offer for him (any) sacrifice!
1. Rather, we must say that sacrifices to complete atonement are different.
2. (R. Yochanan): Any sacrifice brought for Reuven must be brought with Reuven's consent, except for sacrifices to complete atonement; we know this from the fact that a man brings for his children when they are minors.
i. "This is the law of a Zav" - whether he is an adult or minor.
(f) Question: If so, R. Yochanan should also expound "This is the law of a woman that gives birth" - whether she is an adult or minor - but a minor cannot give birth!
1. (Rav Bivi): 3 categories of women use a contraceptive tuft: a minor, a pregnant woman, and a nursing mother.
i. A minor uses it, lest she become pregnant and dies.
(g) Answer: R. Yochanan will expound "This is the law of a woman that gives birth" - whether she is sane or insane.
1. A man brings sacrifices for his wife if she is insane, as R. Yehudah.
(h) (Beraisa - R. Yehudah): A (rich) man brings the sacrifice of a rich person on behalf of his wife; he brings all sacrifices she is obligated to bring;
(i) He obligated himself to do so in the Kesuvah - 'All obligations that you have from before are upon me'.
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