1)

TRANSFER OF PROPERTY FORBIDDEN BY A VOW [line 1]

(a)

(Mishnah): One who says to his friend...

(b)

Question (Avimi): If Reuven said to Shimon 'it is forbidden for you to enter this house', and Reuven died or sold it, is Shimon permitted?

1.

Can a person forbid something so that it remains forbidden even after it does not belong to him?

(c)

Answer (Rava - Mishna): If Reuven told his son 'you may not benefit from me', when Reuven dies, his son inherits him;

1.

If he said '(you may not benefit from me) during my life and after my death', when Reuven dies, his son does not inherit him;

2.

This shows that a person can forbid something for even after it does not belong to him.

(d)

(Mishnah): If one said 'these Peros are forbidden to me', he may not benefit from what they are exchanged for or from what grows from them.

(e)

Question (Rami bar Chama): If one said 'this produce is forbidden to Ploni', may Ploni benefit from what it is exchanged for?

1.

Perhaps one can forbid to himself something that is not yet in the world, because he can forbid to himself someone else's property;

i.

But since one cannot forbid his friend's property to his friend, he cannot forbid to his friend something that is not yet in the world!

47b----------------------------------------47b

2.

Or, perhaps what they are exchanged for is forbidden, just like what grows from them!

(f)

Answer #1 (Rav Acha bar Minyomi - Beraisa): If a man told 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): Perhaps it is forbidden only l'Chatchilah to exchange what is forbidden, but b'Di'eved, it is permitted!

(h)

Answer #2 (Mishnah): If one was Mekadesh a woman by giving her Orlah (fruits within the first three years of a tree, which are forbidden), she is not Mekudeshes. If he sold the Orlah and was Mekadesh her with the money, she is Mekudeshes.

(i)

Rejection: Here also, perhaps it is forbidden l'Chatchilah to exchange Isur, but b'Di'eved it is permitted!

2)

A VOW OF CHEREM [line 10

(a)

(Mishnah): If Reuven told Shimon 'I am Cherem to you', Shimon may not benefit from Reuven;

(b)

If Reuven said 'you are Cherem to me', Reuven is Mudar Hana'ah from Shimon;

(c)

If he said 'I am Cherem to you, and you to me', neither may benefit from the other;

1.

Both may benefit from matters of the exiles who returned from Bavel, but not from matters of the city.