1)

(a)The Mishnah forbids someone who is Mudar Hana'ah from his friend before the Shemitah, to enter his field or to eat from the fruit from his trees that overhangs the street. What does the Tana say with regard to a case where the Madir declared the Neder in the Shemitah year?

(b)What will be the Din if the Madir restricted the Neder to food ...

1. ... before the Shemitah?

2. ... during the Shemitah?

1)

(a)The Mishnah forbids someone who is Mudar Hana'ah from his friend before the Shemitah, to enter his field or to eat from the fruit from his trees that overhangs the street. If the Madir declared the Neder in the Shemitah year however - he is forbidden to enter the field, but is permitted to eat the overhanging fruit.

(b)If the Madir restricted the Neder to food ...

1. ... before the Shemitah - he may enter the field, but not eat the overhanging fruit.

2. ... during the Shemitah - both are permitted.

2)

(a)Rav and Shmuel both extend the dual prohibition in the Reisha to after the Shemitah year arrives. What do Rebbi Yochanan and Resh Lakish say?

(b)How do we initially establish the basis of the Machlokes between Rav and Shmuel on the one hand, and Rebbi Yochanan and Resh Lakish, on the other?

(c)According to that, in which point in our Mishnah do Rebbi Yochanan and Resh Lakish argue with Rav and Shmuel?

(d)If the Reisha and the Seifa of our Mishnah, according to Rebbi Yochanan and Resh Lakish, are speaking in one and the same case, what is the Chidush in the Reisha?

2)

(a)Rav and Shmuel both extend the dual prohibition in the Reisha to after the Shemitah year arrives. According to Rebbi Yochanan and Resh Lakish - the prohibition regarding the fruit falls away the moment Shemitah arrives.

(b)We initially establish the basis of the Machlokes as - whether the prohibition that a person makes on his property extends even to when the property is no longer in his domain (Rav and Shmuel) or not (Rebbi Yochanan and Resh Lakish).

(c)According to that Rebbi Yochanan and Resh Lakish argue with Rav and Shmuel - inasmuch as according to them, 'u'vi'Shevi'is' in the Seifa is not a new case (as Rav and Shmuel explain), but refers to the Reisha, where he declared the Neder before the Shevi'is. When the Shevi'is arrives, the Seifa is saying, the Neder falls away automatically.

(d)According to Rebbi Yochanan and Resh Lakish - there is no Chidush in the Reisha. In fact, the Tana learns the Reisha because of the Seifa.

3)

(a)Does it make any difference, according to our current understanding of Rebbi Yochanan and Resh Lakish, whether the Madir declared the Neder Stam or whether he specifically stated that he wishes it to remain in effect after it has left his domain?

3)

(a)It make no difference, according to our current understanding of Rebbi Yochanan and Resh Lakish, whether the Madir declared the Neder Stam or whether he specifically stated that he wishes it to remain in effect after it has left his domain - either way, the Neder falls away as soon as the property leaves the Noder's domain (because it is not due to the Lashon that the Neder does not extend beyond his jurisdiction, but because he does not have the authority to make it do so).

4)

(a)Rebbi Yochanan and Resh Lakish speak specifically when the Madir said 'Nechasai'. What makes us think that they refer even to a case of 'Nechasim Eilu'?

(b)Perhaps the Chidush of the Mishnah is to teach us that the Mudar is forbidden to enter the Madir's land (to preclude the suggestion that the land too, leaves the owner's domain in the Shemitah)?

(c)What will then be the difference between when someone says ' ... l'Bayis Zeh she'Ani Nichnas' (where the Noder is forbidden to benefit from the house even after the owner dies or sells it), and our case (where, when the Madir forbids his field with the Lashon 'Nechasim Eilu', the Neder becomes annulled the moment Shemitah arrives, taking the fruit out of his domain)?

(d)On what logical grounds do we refute th current interpretation of their Machlokes?

4)

(a)Rebbi Yochanan and Resh Lakish speak specifically when the Madir said 'Nechasai'. What makes us think that they refer even to a case of 'Nechasim Eilu' - is that otherwise, the Seifa would be superfluous. It is obvious that if he said 'Nechasai', the Neder will fall away as soon as the property is no longer his.

(b)Neither can the Chidush of the Mishnah be to teach us that the Mudar is forbidden to enter the Madir's land (to preclude the suggestion that the land too, leaves the owner's domain in the Shemitah) - because then it does not belong here, but with Dinei Mamonos or in Shevi'is depending on the explanation (later in the Sugya) as to why he is forbidden to enter the property.

(c)The difference between when someone says ' ... l'Bayis Zeh she'Ani Nichnas' (where the Noder is forbidden to benefit from the house even after the owner dies or sells it), and our case (where, when the Madir forbids his field with the Lashon 'Nechasim Eilu', where the Neder becomes annulled the moment Shemitah arrives, taking the fruit out of his domain) is - that in the former case, where it is the Mudar who declares the Neder, the Neder remains in effect, because he is empowered to forbid someone's property on himself forever, even after it leaves the original owner's domain; whereas in our case, where it is the Madir who is forbidding his own property on the Mudar, his Neder is limited to as long as the property remains in his domain.

(d)We refute the current interpretation of their Machlokes - because then, Rebbi Yochanan and Resh Lakish should have said 'Nechasim Eilu' (and not 'Nechasai').

42b----------------------------------------42b

5)

(a)So in which case do we now think Rav and Shmuel argue with Rebbi Yochanan and Resh Lakish?

(b)Then why did Rav and Shmuel say 'Nechasim Eilu'?

(c)What will they all hold by 'Nechasim Eilu'?

(d)How do Rebbi Yochanan and Resh Lakish now establish the Reisha of the Mishnah?

5)

(a)We now think that they argue - in a case of 'Nechasai', where, according to Rav and Shmuel, the Neder continues to be effective even when the property is no longer in the Neder's domain, and according to Rebbi Yochanan and Resh Lakish, it does not.

(b)And Rav and Shmuel said 'Nechasim Eilu' - because it is obvious that there is no difference between the two Leshonos, either because even 'Nechasai' implies forever, or because once the Neder takes effect, it cannot fall away irrespective of what the Noder said.

(c)By 'Nechasim Eilu' - even Rebbi Yochanan and Resh Lakish will agree that the property remains forbidden even after it has left the Madir's domain.

(d)Rebbi Yochanan and Resh Lakish now establish the Reisha of the Mishnah - by 'Nechasim Eilu'. What they are saying to Rav and Shmuel is that if the Tana would be speaking in a case of 'Nechasai', then he would not have forbidden the Mudar to enter the Madir's field and eat the fruit even after the Shemitah arrived, like he does now.

6)

(a)What will be the Din if a man dies after saying to his son ...

1. ... 'Konam she'Atah Neheneh Li'?

2. ... 'Konam she'Atah Neheneh Li b'Chayai u've'Mosi'?

(b)Why is there no proof from here that when the Madir forbids his own property on the Mudar, his Neder is limited to as long as the property belongs to him?

6)

(a)If a man dies after saying to his son ...

1. ... 'Konam she'Atah Neheneh Li' - his son inherits his father's property, and is permitted to use it.

2. ... 'Konam she'Atah Neheneh Li b'Chayai u've'Mosi' - he inherits the property, but is forbidden to use it.

(b)There no proof from here that when the Madir forbids his own property on the Mudar, his Neder is limited to as long as the property belongs to him - because the Tana specifically speaks when the father said 'be'Chayai u've'Mosi', in which case, even Rebbi Yochanan and Resh Lakish will concede that the Neder remains in force (because, contrary to what we originally thought, it is due to the Lashon that the Neder does not extend beyond his jurisdiction, and not because of the Noder's lack of authority to make it do so)

7)

(a)What does the Tana of the Mishnah in 'ha'Shutfin' say about someone who says ...

1. ... 'Konam l'Toch Beischa she'Ani Nichnas, Sadcha she'Ani Loke'ach; Mes, O she'Machro l'Acher ... '?

2. ... 'l'Bayis Zeh she'Ani Nichnas, Sadeh Zu she'Ani Loke'ach; Mes, O she'Machro l'Acher ... '?

(b)What does this Mishnah prove?

(c)So how do we finally reconcile Rav and Shmuel with Rebbi Yochanan and Resh Lakish?

(d)Does our Mishnah now speak in a case of 'Nechasim 'Eilu' or 'Nechasai'?

7)

(a)The Tana of the Mishnah in 'ha'Shutfin' says that if someone says ...

1. ... 'Konam l'Toch Beischa she'Ani Nichnas, Sadcha she'Ani Loke'ach; Mes, O she'Machro l'Acher - Mutar'.

2. ... 'l'Bayis Zeh she'Ani Nichnas, Sadeh Zu she'Ani Loke'ach, Mes, O she'Machro l'Acher - Asur'.

(b)This Mishnah proves - that there is a difference between 'Nechasim Eilu' and 'Nechasai' (like we just explaind according to Rebbi Yochanan and Resh Lakish).

(c)So we finally reconcile Rav and Shmuel with Rebbi Yochanan and Resh Lakish - by establishing each one exactly according to the words he used, Rebbi Yochanan and Resh Lakish by 'Nechasai', and Rav and Shmuel by 'Nechasim Eilu', and there is no argument.

(d)Our Mishnah now speaks specifically in a case of 'Nechasim Eilu' - even according to Rav and Shmuel (but by 'Nechasai', the Mudar would in fact, be permitted to enter the Madir's property and to eat the fruit with the entry of the Shemitah).

8)

(a)Seeing as throughout the Sugya, we cited Rav and Shmuel before Rebbi Yochanan and Resh Lakish, why, in its final statement, do we reverse the order, before concluding 'v'Lo P'ligi'?

8)

(a)Throughout the Sugya, we cited Rav and Shmuel before Rebbi Yochanan and Resh Lakish, because we believed that the latter were coming to argue with the former. Consequently - when in the concluding statement, we point out that, in fact, they do not argue, we support this Chidush by citing Rebbi Yochanan and Resh Lakish first.

9)

(a)What problem do we have with the Tana's prohibition of entering the field in the Shemitah?

(b)Ula answers that the Tana is speaking about trees that are situated at the edge of the field. Why should that make any difference?

(c)Rav Shimon ben Elyakim forbids entry even to pick fruit from trees that are in the middle of the field. Why is that?

(d)Why, in that case, did Shmuel (who holds in principle like Rav Shimon ben Elyakim), only decree 'Gezeirah Shema Yashheh bi'Yeshivah' (in the case of the sick Mudar), and not 'ba'Amidah'?

9)

(a)The problem with the Tana's prohibition of entering the field in the Shemitah is - that the Torah has declared the field Hefker (for the needs of anyone wishing to pick fruit from the trees), no less than the fruit itself, so why should it be prohibited to enter any more than to eat the fruit that overhangs the street.

(b)Ula answers that the Tana is speaking about trees that are situated at the edge of the field - which can be picked from outside the borders of the field, and there is no need (and therefore no Heter) to enter the field.

(c)Rav Shimon ben Elyakim forbids entry even to pick fruit from trees that are in the middle of the field - for fear that he will remain (standing) in the field longer than necessary.

(d)Shmuel (who holds in principle like Rav Shimon ben Elyakim), only decreed that the Madir might remain sitting with the sick Mudar, not standing - because there, it is normal to sit down in front of the sick person, and the fact that he remains standing will serve as a reminder for him to leave as soon as the Mitzvah has been performed.

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