BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Nedarim 34
1) [line 2] MA'AL (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...u'Nedarecha
Asher Tidor" - "You may not eat in your settlements...and your pledges [to
Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah
1:1-3). The minimum amount for which one transgresses this prohibition is a
Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and
must pay to Hekdesh the amount that he benefited. However, the object from
which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its
Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his
benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of
the original value). This is true of any object that has Kedushas Damim
(i.e. it's value is consecrated to Hekdesh). An object that has Kedushas
ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in
the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as
is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
2) [line 3] TOVAS HANA'AH
(a) The words "Tovas Hana'ah" denote the trivial benefit (in terms of
pleasure or compensation) that a person receives in return for giving away
an object or goods to which he has only very limited rights.
(b) A common example of this is selecting a particular individual to be the
recipient of a gift that he is obligated to bestow to others. For example,
Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah
of a Yisrael who separates Terumah or Ma'aser from his produce is the right
to give the Terumah or Ma'aser to the Kohen or Levi of his choice.
(c) Another example is selling an object to which one will not have full
rights until a later date, or to which one may never gain full rights. For
example, a woman only receives a Kesuvah from her husband if the husband
dies before her or divorces her. She may sell her rights to collect the
Kesuvah for Tovas Hana'ah. Since the possibility exists the she will die
before her husband and the purchaser will not receive the Kesuvah, the Tovas
Hana'ah of the Kesuvah is worth much less than the Kesuvah itself.
(d) In our Sugya, when the person acquires the loaf of bread with the
intention to eventually bequeath it to his sons, he is Mo'el according to
the value of the trivial benefit he receives from his sons (even though the
loaf still belongs to Hekdesh). If his sons actually benefit from the loaf
after his death, they are Mo'el according to the value of the loaf.
3) [line 7] ILAVEI SHEVISEI HEKDESH - he forbade it upon him like Hekdesh