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Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 42

NEDARIM 42 (29 Av) - "Mechabdo b'Chayav, Mechabdo b'Moso" (Kidushin 31b). This Daf has been dedicated by Yair Trebitsch l'Iluy Nishmas his father, Eliezer Shmuel Binyomin ben Mayer Trebitsch, in honor of his Yahrzeit. T'N'TZ'B'H.

1) FORBIDDEN PROPERTY THAT CHANGES HANDS

(a) (Mishnah): Reuven vowed, before Shemitah, that Shimon may not benefit from him. Shimon may not enter Reuven's field, nor eat from trees whose foliage extends past Reuven's property;
1. In Shemitah, he may not enter the field, but he may eat from the overhanging trees.
(b) Reuven vowed, before Shemitah, that Shimon may not eat from him. Shimon may enter Reuven's field, but he may not eat from overhanging trees;
(c) In Shemitah, he may enter the field, and eat from the overhanging trees.
(d) (Gemara - Rav and Shmuel): Reuven told Shimon, before Shemitah, 'My (Tosfos' text) property is forbidden to you' - Shimon may not enter Reuven's field, nor eat from overhanging trees, even in Shemitah;
1. If he imposed the vow during Shemitah, Shimon may not enter the field, but he may eat from the overhanging trees.
(e) (R. Yochanan and Reish Lakish): If he said before Shemitah, 'My property is forbidden to you' - he may not enter his field, nor eat from overhanging trees;
1. In Shemitah, he may not enter the field, but he may eat from the overhanging trees.
(f) Suggestion: Rav and Shmuel hold that a person can forbid something in his possession, and it remains forbidden even after it leaves his possession; R. Yochanan and Reish Lakish hold that when it leaves his possession, it is permitted.
1. Objection #1: This is unreasonable, that anyone should say that a person cannot forbid property even after it leaves him!
i. If so, they should have argued when he says 'this property', and all the more so, they will argue this when he says 'my property'!
2. Objection #2: A Mishnah says that he can forbid property even after it leaves him!
i. (Mishnah): Reuven told his son 'You may not benefit from me' - when Reuven dies, his son inherits him;
ii. If he said 'You may not benefit from me in my life nor after my death' - his son does not inherit him.
42b---------------------------------------42b

3. Answer (To Objection #2): That case is different, for he said 'In my life and after my death'.
i. Objection #1 still stands.
(g) Suggestion: #2: Rather, all agree that when a person says 'This property', he forbids it even after it leaves his possession.
1. They argue when he says 'My property'.
2. Rav and Shmuel say either way, the property remains forbidden;
3. R. Yochanan and Reish Lakish hold that when he says 'My property', it becomes permitted.
(h) Objection: Does anyone really hold that either way, the property remains forbidden?!
1. (Mishnah): Reuven vowed to Shimon 'I will not enter your house nor buy your field' - if Shimon died or sold them, they are permitted;
2. I will not enter this house nor buy this field' - if the owner died or sold them, they are forbidden.
(i) Rather, R. Yochanan and Reish Lakish gave the law when he says 'My property'; Rav and Shmuel gave the law when he says 'This property'.
1. They do not argue.
(j) (Mishnah): In Shemitah he may not enter his field ...
(k) Question: He may eat from the overhanging trees because they are ownerless (in Shemitah) - for the same reason, he should be allowed to enter the land!
(l) Answer #1 (Ula): The case is, the trees are on the border (and the fruit can be taken without entering the field).
(m) Answer #2 (R. Shimon Ben Elyakim): This is a decree, lest he tarry on the field longer than necessary to take the fruit.
2) LOANS
(a) (Mishnah): Reuven vowed not to get benefit from Shimon: he may not lend to or borrow from him articles, nor money; he may not buy from or sell to him.
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