REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Nedarim 44
1)
(a) We learned in a Beraisa that for the first three days after a person has
declared his field Hefker, he is able to retract. Does this apply even if
someone else acquired it first?
(b) Why did Chazal institute the basic Takanah of being able to retract
(verbally) from the Hefker?
(c) And why did they extend this concession even to after someone has
already acquired the field (when the reason for the Takanah no longer
applies)?
(d) Why did they then limit the decree to three days? Why is the Hefker
fully valid after that?
2)
(a) What does the Seifa of the Beraisa rule in a case where the owner
declared his field Hefker for a day, a week, a month, a year or a cycle of
seven years?
(b) Initially, we establish the Reisha like the Rabbanan, and the Seifa,
like Rebbi Yossi'. How do we currently explain Rebbi Yossi? Why does he
forbid the Mudar to benefit from the food that the Madir declared Hefker in
our Mishnah?
(c) What would Rebbi Yossi say in the Reisha? With which point does he
disagree with the Rabbanan?
(d) And what would the Rabbanan say in the Seifa? With which point do they
disagree with Rebbi Yossi?
3)
(a) Seeing as, according to Rebbi Yossi, the owner can retract even in a
case of Hefker which is not limited to any time, why did he restrict his
case to when it is?
(b) What are the ramifications of the statement of Rebbi Yossi that, even if
*he* acquired it from Hefker, he can no longer retract?
(c) Why should he not be obligated to Ma'aser the produce, seeing as it
remains in his domain until someone acquires it?
(d) On what grounds do Ula and Resh Lakish disagree with this explanation,
despite the fact that everything fits so nicely into place?
4)
According to Ula, the author of the entire Beraisa is the Rabbanan. Why is
it then, that in the Seifa, the owner can retract even after three days?
Answers to questions
44b---------------------------------------44b
5)
(a) According to Resh Lakish, the author of the entire Beraisa is Rebbi
Yossi. Then why, in the Reisha, can the owner not retract after three days?
(b) Why did they not then extend the decree to the first three days?
(c) What prompted the Rabbanan to issue such a decree? What problem might it
cause if the owner could retract even after three days, according to Rebbi
Yossi?
6)
(a) In the previous case, even after the three days, seeing as the owner is
able to retract, according to Din Torah, it turns out that the field is not
really Hefker at all. Now that Chazal decreed that it is, does it mean
that the Chiyuv T'rumos and Ma'asros no longer exists?
(b) What problem does this cause?
(c) So what did Chazal do to circumvent this problem?
7)
(a) The Beraisa discusses the Din of someone who declares his field Hefker
regarding Peret, Olelos, Shikchah, Pei'ah and Ma'asros. What is ...
- ... Peret?
- ... Olelos?
(b) Is someone who declares his field Hefker, obligated to leave Peret and
Olelos in his vineyard and Shikchah and Pei'ah in his field, or to separate
Ma'asros?
(c) Does he remain Patur from separating Ma'asros after he re-acquires it?
(d) Then why is he obligated to leave Peret, Olelos, Shikchah and Pei'ah?
8)
(a) How will Ula (who learned above that, according to the Rabbanan, within
three days of declaring one's field Hefker, the owner may retract), explain
the above Beraisa? Why does the Tana exempt the owner who does so from
Ma'asros?
(b) Resh Lakish established the Beraisa above (which authorized the owner to
retract within three days) like Rebbi Yossi. Is it possible, according to
Resh Lakish in Rebbi Yossi, for the owner to be exempt from Ma'asros should
he re-acquire his field within three days?
(c) Considering then, that the Tana does not require the owner to specify
that he is acquiring the field from Hefker, how will Resh Lakish explain the
Beraisa?
Answers to questions
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