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


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Nedarim 43

1) LOANS

(a) (Gemara) Question #1: We understand, Shimon may not lend money to Reuven, for this benefits him; why can't Reuven lend Shimon?
(b) Question #2: We could explain, why Reuven may not lend money to nor buy from Shimon, for this could benefit Reuven (if Shimon will repay better coins; or if the sale item is in great demand), buy why can't Reuven lend things to Shimon?
(c) Answer #1 (R. Yosi Bar Chanina): The case is, Shimon also vowed not to benefit from Reuven.
(d) Answer #2 (Abaye): Chachamim decreed that he should not lend things, lest he come to borrow.
1. This also explains why Reuven may not lend money to nor buy from Shimon.
2) WAYS OF EVADING A VOW
(a) (Mishnah): Reuven asked to borrow Shimon's cow; Shimon said, it is not free. Reuven vowed 'I will never plow my field with it' - if Reuven normally plows, he may not plow his own field with it, but other people may plow Reuven's field with it;
1. If Reuven does not normally plow, no one may plow Reuven's field with it.
(b) Reuven vowed not to get benefit from Shimon, and Reuven has nothing to eat. Shimon may go to a grocer and say, Reuven vowed not to benefit from me - what will I do?
1. The grocer supplies Reuven, and Shimon pays for it.
(c) If Reuven had to build a house or a fence or harvest his field, Shimon may go to workers and say, Reuven vowed not to benefit from me - what will I do?
1. They do the work Reuven needs, and Shimon pays for it.
(d) If Reuven and Shimon were walking on the road, and Reuven has nothing to eat - Shimon may give a gift of food to a 3rd party, who then gives it to Reuven;
1. If no one else is around, Shimon leaves the food on a rock or on the fence and declares it Hefker (ownerless). Reuven may take it; R. Yosi does not allow this.
(e) (Gemara - R. Yochanan) Question: Why does R. Yosi forbid this?
(f) Answer #1 (R. Yochanan): R. Yosi holds that Hefker is as a gift.
1. Just as one may retract from a gift until the recipient gets it - also Hefker, one may retract until someone takes it.
2. Question (R. Aba - Beraisa): Reuven may take it; R. Yosi forbids this.
i. R. Yosi: It is only forbidden if the vow preceded the Hefker; if not, it is permitted.
43b---------------------------------------43b

ii. If Hefker does not take effect until someone takes it - in either case, it should be forbidden!
3. Answer (R. Aba): Anyone who vows does not intend to forbid what was declared Hefker.
4. Objection (Rava - Beraisa): Levi (who was dying) wrote a document giving part of his property to Yehudah, and a 2nd document giving all of his property to Yosef. (Levi recovered and wants to retract). Yehudah acquired his gift (since he did not give all his property, it is as the gift of a healthy person, and Levi cannot retract). Yosef did not acquire his.
i. (If a person who vows does not intend to forbid what was declared Hefker - we should also say, he does not give what he already gave;
ii. If so, the gift to Yosef is only for the remaining property, and the gifts to Yehudah and Yosef should be viewed together as Levi giving all his property, and Levi should be allowed to retract both of them)!
(g) Answer #2 (Rava): R. Yosi forbids as a decree on account of an (insincere) gift as the case in Beis Choron.
(h) (Beraisa): Reuven declared his field to be Hefker - for 3 days, he may retract this; after this, he cannot retract.
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