POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Nedarim 35
1) GIVING TO ONE THAT MAY NOT GET BENEFIT
(a) Question (Beraisa): Levi asked Shimon, 'Lend me your
cow'; Shimon responded, 'My cow (or property) is
forbidden to you if I own another cow'; or, the same case
by an axe;
2) ME'ILAH BY VOWS
1. It was found that Shimon owned another; his cow (or
property) is forbidden to Levi in Shimon's lifetime;
if Shimon died or gave it to him as a gift, it is
(b) Answer (Rav Acha Brei d'Rav Ika): Shimon gave it to
someone else, and that person to Levi.
1. Support (Rav Ashi): The Mishnah says 'Nitnu' (it was
given) to him, not 'Nasno' (he gave it).
(a) Question (Rava): One who transgresses a Konam (a vow
forbidding an object as if it was Hekdesh) - has he
(b) Answer #1 (Rav Nachman - Mishnah): In a place where
people receive money for returning a lost object, this
amount is given to Hekdesh.
1. This suggests that the law is as Hekdesh; just as
there is Me'ilah by Hekdesh, also by Konamos.
(c) Answer #2: Tana'im argue on this.
1. (Beraisa - R. Meir): 'Konam, this loaf is Hekdesh' -
if anyone eats it, he transgresses Me'ilah,
therefore the loaf can be redeemed;
(d) Question (Rav Acha Brei d'Rav Avya): 'Reuven said to
Shimon, 'My loaf is forbidden to you', then Reuven gave
it to Shimon - who transgresses Me'ilah?
2. 'Konam, this loaf is to me Hekdesh' - if he eats it,
he transgresses Me'ilah; anyone else would not
transgresses Me'ilah for eating it, therefore the
loaf cannot be redeemed;
3. Chachamim say, in either case there is no Me'ilah -
there is never Me'ilah by Konamos.
1. Suggestion: If Reuven - but it is not forbidden to
2. Suggestion: If Shimon - he can say, I only accepted
what is permitted, not what is forbidden!
3. Answer (Rav Ashi): Shimon transgresses when he will
give it to someone else.
i. Anyone that transfers ownership of Hekdesh,
thinking that it is Chulin, transgresses
Me'ilah - here also, Shimon!
3) PERFORMING MITZVOS - IS THIS CONSIDERED BENEFIT?
(a) (Mishnah): (A vow forbids Shimon to benefit from Reuven.)
Reuven may take Terumah and Ma'aser for Shimon with
Shimon's knowledge, he may offer for Shimon
bird-offerings of a Zav or Zavah or a woman that gave
birth; sin-offerings, and guilt-offerings;
(b) Reuven may teach Shimon: Medrash, laws and non-halachic
stories, but not written Torah.
1. He may teach written Torah to Shimon's children.
(c) (Gemara): Question: Kohanim (serving in the Mikdash) -
are they Shluchim (agents) on behalf of Yisrael, or on
behalf of Hash-m?
1. This affects a Yisrael that is forbidden by a vow to
benefit from a Kohen.
(d) Answer (Mishnah): He may offer for him bird-offerings of
a Zav ...
i. If they are our agents, a Kohen may not offer
sacrifices for the Yisrael;
ii. If they are Hash-m's agents, he may offer the
1. If he is an agent of the Yisrael - he benefits the
(e) Objection: If he is an agent of Hash-m - the Mishnah
should have said, he can offer for him (any) sacrifice!
1. Rather, we must say that sacrifices to complete
atonement are different.
(f) Question: If so, R. Yochanan should also expound "This is
the law of a woman that gives birth" - whether she is an
adult or minor - but a minor cannot give birth!
2. (R. Yochanan): Any sacrifice brought for Reuven must
be brought with Reuven's consent, except for
sacrifices to complete atonement; we know this from
the fact that a man brings for his children when
they are minors.
i. "This is the law of a Zav" - whether he is an
adult or minor.
1. (Rav Bivi): 3 categories of women use a
contraceptive tuft: a minor, a pregnant woman, and a
(g) Answer: R. Yochanan will expound "This is the law of a
woman that gives birth" - whether she is sane or insane.
i. A minor uses it, lest she become pregnant and
1. A man brings sacrifices for his wife if she is
insane, as R. Yehudah.
(h) (Beraisa - R. Yehudah): A (rich) man brings the sacrifice
of a rich person on behalf of his wife; he brings all
sacrifices she is obligated to bring;
(i) He obligated himself to do so in the Kesuvah - 'All
obligations that you have from before are upon me'.