POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim 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.
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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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