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


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Nedarim 45

1) RETRACTION OF HEFKER

(a) Answer #2: In the latter Beraisa, he made it Hefker in front of 3 people, and R. Yosi considers this to be proper Hefker; in the former Beraisa, Hefker was done in front of 2 (or less), and this is not Hefker mid'Oraisa.
1. (R. Yochanan): Hefker in front of 3 is Hefker; in front of 2 is not Hefker.
(b) (R. Yehoshua Ben Levi): mid'Oraisa, even in front of 1 person it is Hefker;
1. Chachamim said that it should be done in front of 3, in order that 1 could acquire it and the other 2 could testify to this.
45b---------------------------------------45b

***** PEREK HA'SHUTFIN *****

2) HOW VOWS AFFECT PARTNERSHIPS

(a) (Mishnah): 2 partners (in a courtyard) vowed not to benefit from each other; neither may enter the courtyard;
(b) R. Eliezer Ben Yakov permits them, since each enters his portion.
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