POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Nedarim 44
1) RETRACTION OF HEFKER
(a) If he said 'This field should be Hefker for 1 day, week,
month, year or Shemitah cycle - if no one has yet
acquired the field, he can retract; once someone acquired
the field, he cannot retract.
(b) Question: The 1st law of this Beraisa is as Chachamim,
and the 2nd is as R. Yosi?!
(c) Answer #1 (Ula): The end of the Beraisa is also as
(d) Question: If so, why can he retract before someone
(e) Answer: The case of Hefker for a year or Shemitah cycle
is different, for this is not common (and Chachamim admit
that he can retract before someone acquired it).
(f) Answer #2 (Reish Lakish): Since the end of the Mishnah is
as R. Yosi, also the beginning of the Mishnah is as R.
1. In the beginning of the Mishnah he can only retract
for 3 days, so that the law of Hefker should not be
(g) Question: If so, even the 1st day, he should not be able
(h) Answer (Rabah): Chachamim enacted that he can retract on
account of swindlers (that would make their fields Hefker
to exempt them from tithes).
1. Mid'Oraisa, the field is not Hefker at all.
(i) Question: If so, perhaps he will come to tithe from
produce which must be tithed (i.e. mid'Oraisa is not
Hefker) on what is exempt (true Hefker) or vice-versa!
(j) Answer: We inform him that he must take tithes for the
produce of this field from this field itself.
(k) Question (Beraisa): One that makes his vineyard Hefker,
and promptly harvests it, he must leave the usual gifts
for the poor - grapes that drop during harvesting,
deficient clusters, grapes forgotten during harvesting,
and a corner of the field unharvested;
1. He is exempt from Ma'aser.
(l) Answer #1: Reish Lakish explained the previous Beraisa as
R. Yosi; he admits, this Beraisa is as Chachamim.
2. We understand according to Ula - the Beraisa is as
Chachamim, mid'Oraisa the vineyard is Hefker.
3. But according to Reish Lakish - why is it exempt