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1) TOVAS HANA'AH

(a) Suggestion: Rebbi holds that Tovas Hana'ah is money; R. Yosi b'Rebbi Yehudah holds that it is not.
(b) Rejection: No, all hold that it is not money.
(c) Answer #2: They argue regarding gifts that have not yet been separated.

1. (R. Yosi b'Rebbi Yehudah views them as having been separated; therefore, it is as if the thief stole Chulin from the owner, and tithes which belong to Kohanim and Leviyim; Rebbi views them as not having been separated).

(d) Objection: If Tovas Hana'ah is not money, even if we view them as if they have not been separated, the thief should only pay for the Chulin!
(e) Answer #3: Rebbi fines the thief, and makes him pay more than just the value of the Chulin, to discourage theft; R. Yosi b'Rebbi Yehudah is stringent on the owner, that he only receives the value of the Chulin, to discourage people from delaying giving the tithes.
(f) Answer #4 (Rava): (1 Tana taught the entire Mishnah; he holds that Tovas Hana'ah is money;) the reason why Kohanim and Leviyim may take against his will (in the beginning of the Mishnah) is because tithes must be given to them;

1. Because he forbade Kohanim and Leviyim from benefiting from him, he may not give to them; he forfeits his Tovas Hana'ah, so any Kohen or Levi may take the appropriate tithe.

(a) (Mishnah): A wife prohibited what she will earn to her father or father-in-law or brother or brother-in-law - her husband cannot annul the vow;
(b) If she prohibited her earnings to her husband, he need not annul (the vow is void anyway);

1. R. Akiva says, he should annul it, lest she will earn more than expected;
2. R. Yochanan Ben Nuri says, he should annul it, lest he will divorce her, and the vow would prevent him from remarrying her.

(c) (Gemara - Shmuel): The law is as R. Yochanan Ben Nuri.

1. We infer, Shmuel holds that a man can make Hekdesh (which has the same law as forbidding through a vow) something which is not yet in the world.

(d) Contradiction (Mishnah): One who makes his wife's earnings Hekdesh - his wife works and eats (what she produces); R. Meir says, any excess is Hekdesh;

1. R. Yochanan ha'Sandlar says, it is Chulin.
2. (Shmuel): The law is as R. Yochanan ha'Sandler.

i. We infer, Shmuel holds that a man cannot make Hekdesh something which is not yet in the world.

3. Suggestion: Shmuel only said the law is as R. Yochanan Ben Nuri that the vow should be annulled because it forbids extra earnings.
4. Rejection: If so, Shmuel should say, the law is as R. Yochanan Ben Nuri regarding extra earnings!

i. Version #1 - Text of the Ran [Or, he should say, the law is unlike the 1st Tana (who says there is no need to annul)!
ii. Or, he should say, the law is as R. Akiva (who says that the vow should be annulled)!]
iii. Version #2 - Text of the Rosh [Or, he should say, the law is unlike R. Akiva (who says that extra earnings belong to wife)!
iv. Or, he should say, the law is as the 1st Tana (who says that extra earnings belong to the husband)!]

(e) Answer #1 (Rav Yosef): One cannot ask a question from Konamos to Hekdesh - Konamos are different!

1. Since a person can forbid his friend's property on himself via Konam, he can also forbid something which is not yet in the world.
2. Objection (Abaye): I agree, a person can forbid his friend's property on himself via Konam, since he can forbid his property on his friend;

i. Should we say, a person can forbid something not in the world on his friend - a person cannot forbid his friend's property on his friend!

(f) Answer #2 (Rav Huna Brei d'Rav Yehoshua): The case is, she said 'My hands are sanctified to their Maker' - her hands are in the world.
(g) Question: When she says this, they do not become sanctified - they are obligated to work for the husband!
(h) Answer: She said, 'when I will be divorced'.
(i) Question: Right now, she is not divorced! Do we ever find, something does not become sanctified now, and it is sanctified later?