POINT BY POINT SUMMARY
Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Nedarim 84
1) A VOW AGAINST THE CREATIONS
(a) Question (Rava, against Rav Nachman): A Mishnah proves
that when she says 'creations', she includes her husband!
1. (Mishnah): 'I will not have relations with Yehudim'
- her husband annuls the part of the vow relevant to
himself, and she is forbidden to all other
Yisraelim.
2. (Text of the Rosh) If the husband is excluded - why
must he annul the part relevant to himself?
(b) Answer: Normally, the husband is excluded; in this case,
he is included, for we may assume she forbids to herself
something which was permitted.
2) AGRICULTURAL GIFTS
(a) (Mishnah): She can take Leket, Shichchah and Pe'ah.
(b) Contradiction: The Mishnah omits Ma'aser Ani (tithe of
the poor) - but a Beraisa teaches it!
(c) Answer #1 (Rav Yosef): The Beraisa is as R. Eliezer; our
Mishnah is as Chachamim.
1. (Mishnah - R. Eliezer): One need not (even verbally)
designate the tithe of the poor from Demai
(doubtfully tithed produce);
84b---------------------------------------84b
2. Chachamim say, one must declare which part of the
produce is the tithe, but it need not be physically
separated.
3. Suggestion: Chachamim, who say that even when in
doubt (if it has been tithed) the produce is
forbidden before declaring the tithe of the poor,
hold that the owner has Tovas Hana'ah (the privilege
to decide which poor people he will give it to;
therefore, she may not take it, for this is benefit
from the owner);
i. R. Eliezer, who says that when in doubt the
produce is permitted before declaring the tithe
of the poor, hold that the owner has no Tovas
Hana'ah; therefore, she may take it.
(d) Answer #2 (Abaye): All agree that even when in doubt, the
produce is forbidden before declaring the tithe of the
poor;
1. R. Eliezer holds that common people were not
suspected of not separating the tithe of the poor.
i. (One who does not want to give it) may declare
his property ownerless; this makes him a poor
person, and he may take the tithe himself.
2. Chachamim hold that they were suspected of not
separating it;
i. A person is afraid to declare his property
ownerless, lest someone else take it!
(e) Answer #3 (Rava): The Mishnah speaks of tithe of the poor
distributed from the owner's house - the Torah said this
is given to the poor (so she may not take it, for this is
benefiting from the owner);
1. The Beraisa speaks of tithe of the poor distributed
from the granaries - the Torah said this is left for
the poor (so she may take it, for this is not
benefiting from the owner).
3) GIFTS AND TITHES FOR KOHANIM AND LEVI'IM
(a) (Mishnah): 'Kohanim and Leviyim may not benefit from me'
- they may take against his will ...
(b) We infer, Tovas Hana'ah (the privilege to decide to whom
to give the gifts) is not considered as money (a monetary
stake in the gifts).
(c) Question (end of the Mishnah): 'These Kohanim and Leviyim
may not benefit from me' - others take the gifts.
1. Since the forbidden Kohanim and Leviyim cannot take,
it must be that Tovas Hana'ah is as money!
(d) Answer #1 (R. Hoshaya): The beginning of the Mishnah is
as R. Yosi b'Rebbi Yehudah; she end of the Mishnah is as
Rebbi.
1. (Beraisa - Rebbi): One who stole and ate Tevel
(untithed produce) - he pays the owner the value of
Tevel (i.e. the part which the owner keeps, and the
Tovas Hana'ah of the gifts he must give);
2. R. Yosi b'Rebbi Yehudah says, he only pays the value
of the Chulin (the part the owner keeps).
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