POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Nedarim 47
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NEDARIM 47 (4 Elul) - dedicated l'Iluy Nishmas Chaim Yissachar (ben
Yaakov) Smulewitz on his Yahrzeit, by his daughter and son in
law Jeri & Eli Turkel of Raanana, Israel.
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3) TRANSFER OF PROPERTY FORBIDDEN BY A VOW
(a) (Mishnah): One who says to his friend ...
(b) Question (Avimi): Reuven said to Shimon 'It is forbidden
for you to enter this house' - if Shimon died or sold it,
is Reuven permitted?
1. Can a person forbid something even after it does not
belong to him?
(c) Answer (Rava - Beraisa): Reuven tells his son 'You may
not benefit from me' - when Reuven dies, his son inherits
him;
1. '(You may not benefit from me) in my life and after
my death' - when Reuven dies, his son does not
inherit him;
2. We see, a person can forbid something even after it
does not belong to him.
(d) (Mishnah): 'These fruits are forbidden to me' - he may
not benefit from what they are exchanged for or what
grows from them.
(e) Question (Rami Bar Chama): 'These fruits are forbidden to
Ploni' - may he benefit from what they are exchanged for
or what grows from them?
1. Do we say, since a person can forbid on himself
someone else's fruit, therefore, he can also forbid
on himself something that is not yet in the world;
i. But since a person cannot forbid on his friend
someone else's fruit, he cannot forbid on his
friend something that is not yet in the world!
47b---------------------------------------47b
2. Or, perhaps what they are exchanged for is
forbidden, just as what grows from them!
(f) Answer #1 (Rav Acha Bar Minyomi - Beraisa): A man tells
his wife 'You may not benefit from me' - she may borrow,
and the creditors collect from the husband.
1. Suggestion: It is as if the money she borrowed was
exchanged for what her husband repaid, and she is
allowed to benefit - this settles the question!
(g) Rejection (Rava): No - perhaps it is only forbidden
Lechatchilah to exchange what is forbidden, but b'Diavad,
it is permitted!
(h) Answer #2 (Mishnah): One who engages a woman by giving
her Orlah (forbidden fruits of the first 3 years of a
tree), she is not engaged; if he sold the Orlah and
engaged her with the money, she is engaged.
(i) Rejection: No - again, we can say it is only forbidden
Lechatchilah to exchange what is forbidden, but b'Diavad,
it is permitted!
4) A VOW OF CHEREM]
(a) (Mishnah): Reuven told Shimon 'I am Cherem to you' -
Shimon may not benefit from Reuven;
(b) Reuven said 'You are Cherem to me - Reuven may not
benefit from Shimon;
(c) 'I am Cherem to you and you to me' - neither may benefit
from the other;
1. Both are allowed in matters of the exiles that
returned from Bavel, and permitted in matters of the
city.
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