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Nedarim 47

NEDARIM 47 (4 Elul) - dedicated l'Iluy Nishmas Chaim Yissachar (ben Yaakov) Smulewitz on his Yahrzeit, by his daughter and son in law Jeri & Eli Turkel of Raanana, Israel.

1) [line 9] CHILUFEIHEN - items for which they were bartered
2) [line 10] GIDULEIHEN - that which grows from them


3) [line 8] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. (b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Yesodei ha'Torah 5:8)

4a) [line 10] HAREINI ALECHA CHEREM - my possessions are (lit. I am) to you as Charamim, [and you may not benefit from them] (the Tana of this Mishnah follows the opinion of the inhabitants of the Galil, who held that unspecified pledges of Cherem were consecrated to Bedek ha'Bayis)

(a) There are two types of Charamim (a type of vow or pledge in which one pronounces "This object should be a Cherem"):

1. Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed from the Kohen;
2. Chermei Gavo'ah, which are given to the Beis ha'Mikdash for the Bedek ha'Bayis and can be redeemed like any other Hekdesh.
(b) Our Mishnah is referring to a person who wants to make a vow (Nidrei Isur) by "connecting" an object (Hatfasah) that is permitted to another object that it is prohibited to use because the item has been consecrated through a Cherem (i.e. the Cherem is used to describe the level of Isur that he wants to impart upon the items in his vow, see Background to Nedarim 2:1a:c). (See also RAMBAM Hilchos Nedarim 1:16, Insights to Nedarim 2:1.)

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