NEDARIM 84 (1 Elul) - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.


(a)Question (Rava, against Rav Nachman): A Mishnah proves that when she says 'creations', she includes her husband!

1.(Mishnah): If a woman said 'I will not have Bi'ah with Yehudim', her husband annuls the part relevant to himself, and she is forbidden to all other Yisraelim.

2.(Text of the Rosh): If her husband is excluded, why must he annul the part relevant to himself?

(b)Answer: Normally, the husband is excluded. Here he is included, for we assume that she forbids to herself to one to whom she was permitted.


(a)(Mishnah): She can take Leket, Shichechah and Pe'ah.

(b)Contradiction: The Mishnah omits Ma'aser Oni (which is given to the poor), but a Beraisa teaches it!

(c)Answer #1 (Rav Yosef): The Beraisa is like R. Eliezer, and our Mishnah is like Chachamim.

1.(Mishnah - R. Eliezer): (Demai is produce bought from an ignoramus. Most ignoramuses take Ma'aser. Mid'Oraisa, Demai is permitted, but mid'Rabanan, one must be concerned for the minority and tithe it.) When tithing Demai, one need not be Korei Shem to (declare which part of the produce is) Ma'aser Oni. In any case the owner keeps it himself, for the poor cannot prove that Ma'aser Oni was not yet separated);


2.Chachamim say, one must be Korei Shem, but he need not physically separate it.

3.Suggestion: The owner has Tovas Hana'ah (the privilege to decide to which Oni he will give it) only according to the opinion (Chachamim) that it is Tevel (forbids eating the produce before it is separated.) mi'Safek (the same applies to Vadai). Therefore, Chachamim forbid her to take it, for this is benefit from the owner;

i.R. Eliezer permits Safek Tevel before Kri'as Shem, therefore the owner has no Tovas Hana'ah, so she may take it.

(d)Answer #2 (Abaye): All forbid even Safek Tevel before Kri'as Shem of Ma'aser Oni;

1.R. Eliezer does not suspect that an ignoramus did not separate Ma'aser Oni.

i.One (who does not want to give it away) can declare all his property Hefker. This makes him an Oni, and he may (separate and) take the Ma'aser Oni himself.

2.Chachamim suspect that an ignoramus did not separate it;

i.A person is afraid to make his property Hefker, lest someone else take it!

(e)Answer #3 (Rava): The Mishnah discusses Ma'aser Oni 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 discusses Ma'aser Oni distributed from the granaries. The Torah said this is left for the poor. (She may take it, for this is not benefit from the owner.)


(a)(Mishnah): If one said 'Kohanim and Leviyim may not benefit from me', they may take against his will...

(b)Inference: Tovas Hana'ah is not considered like money (a monetary stake in the gifts).

(c)Question (Seifa): If one said 'these Kohanim and Leviyim may not benefit from me', others take the gifts.

1.Since the forbidden Kohanim and Leviyim cannot take, this shows that Tovas Hana'ah is like money!

(d)Answer #1 (R. Hoshaya): The Reisha is R. Yosi b'Rebbi Yehudah, and the Seifa is Rebbi:

1.(Beraisa - Rebbi): If one stole and ate Tevel (untithed produce), he pays the owner the value of Tevel (i.e. the Chulin, i.e. 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.

3.Suggestion: Rebbi holds that Tovas Hana'ah is money, and R. Yosi b'Rebbi Yehudah holds that it is not.