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of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Nedarim 44


(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 Chachamim.
(d) Question: If so, why can he retract before someone acquired it?
(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. Yosi.
1. In the beginning of the Mishnah he can only retract for 3 days, so that the law of Hefker should not be forgotten.
(g) Question: If so, even the 1st day, he should not be able to retract!
(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.
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 from Ma'aser?
(l) Answer #1: Reish Lakish explained the previous Beraisa as R. Yosi; he admits, this Beraisa is as Chachamim.
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