POINT BY POINT SUMMARY
Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Nedarim 85
1) TOVAS HANA'AH
(a) Suggestion: Rebbi holds that Tovas Hana'ah is money; R.
Yosi b'Rebbi Yehudah holds that it is not.
2) A VOW ON SOMETHING NOT YET IN THE WORLD
(b) Rejection: No, all hold that it is not money.
(c) Answer #2: They argue regarding gifts that have not yet
1. (R. Yosi b'Rebbi Yehudah views them as having been
separated; therefore, it is as if the thief stole
Chulin from the owner, and tithes which belong to
Kohanim and Leviyim; Rebbi views them as not having
(d) Objection: If Tovas Hana'ah is not money, even if we view
them as if they have not been separated, the thief should
only pay for the Chulin!
(e) Answer #3: Rebbi fines the thief, and makes him pay more
than just the value of the Chulin, to discourage theft;
R. Yosi b'Rebbi Yehudah is stringent on the owner, that
he only receives the value of the Chulin, to discourage
people from delaying giving the tithes.
(f) Answer #4 (Rava): (1 Tana taught the entire Mishnah; he
holds that Tovas Hana'ah is money;) the reason why
Kohanim and Leviyim may take against his will (in the
beginning of the Mishnah) is because tithes must be given
1. Because he forbade Kohanim and Leviyim from
benefiting from him, he may not give to them; he
forfeits his Tovas Hana'ah, so any Kohen or Levi may
take the appropriate tithe.
(a) (Mishnah): A wife prohibited what she will earn to her
father or father-in-law or brother or brother-in-law -
her husband cannot annul the vow;
(b) If she prohibited her earnings to her husband, he need
not annul (the vow is void anyway);
1. R. Akiva says, he should annul it, lest she will
earn more than expected;
(c) (Gemara - Shmuel): The law is as R. Yochanan Ben Nuri.
2. R. Yochanan Ben Nuri says, he should annul it, lest
he will divorce her, and the vow would prevent him
from remarrying her.
1. We infer, Shmuel holds that a man can make Hekdesh
(which has the same law as forbidding through a vow)
something which is not yet in the world.
(d) Contradiction (Mishnah): One who makes his wife's
earnings Hekdesh - his wife works and eats (what she
produces); R. Meir says, any excess is Hekdesh;
1. R. Yochanan ha'Sandlar says, it is Chulin.
(e) Answer #1 (Rav Yosef): One cannot ask a question from
Konamos to Hekdesh - Konamos are different!
2. (Shmuel): The law is as R. Yochanan ha'Sandler.
i. We infer, Shmuel holds that a man cannot make
Hekdesh something which is not yet in the
3. Suggestion: Shmuel only said the law is as R.
Yochanan Ben Nuri that the vow should be annulled
because it forbids extra earnings.
4. Rejection: If so, Shmuel should say, the law is as
R. Yochanan Ben Nuri regarding extra earnings!
i. Version #1 - Text of the Ran [Or, he should
say, the law is unlike the 1st Tana (who says
there is no need to annul)!
ii. Or, he should say, the law is as R. Akiva (who
says that the vow should be annulled)!]
iii. Version #2 - Text of the Rosh [Or, he should
say, the law is unlike R. Akiva (who says that
extra earnings belong to wife)!
iv. Or, he should say, the law is as the 1st Tana
(who says that extra earnings belong to the
1. Since a person can forbid his friend's property on
himself via Konam, he can also forbid something
which is not yet in the world.
(f) Answer #2 (Rav Huna Brei d'Rav Yehoshua): The case is,
she said 'My hands are sanctified to their Maker' - her
hands are in the world.
2. Objection (Abaye): I agree, a person can forbid his
friend's property on himself via Konam, since he can
forbid his property on his friend;
i. Should we say, a person can forbid something
not in the world on his friend - a person
cannot forbid his friend's property on his
(g) Question: When she says this, they do not become
sanctified - they are obligated to work for the husband!
(h) Answer: She said, 'when I will be divorced'.
(i) Question: Right now, she is not divorced! Do we ever
find, something does not become sanctified now, and it is