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Prepared by Rabbi N. Slifkin
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Nedarim 59


(a) Answer: The obligation to tithe does not come from the land, rather from winnowing.
(b) Question (Rami Bar Chama - Mishnah): 'These fruits are forbidden to me, or to my mouth' - he may not benefit from what they are exchanged for or what grows from them.
1. 'What I eat, what I taste (should be forbidden)' - he is permitted what they are exchanged for or what grows from them;
2. This applies to a species in which the seed disintegrates; if not, he is forbidden even in what grows from what grows from them.
(c) Answer #1 (R. Aba): Vows are different - since he can annul his vow, it is as a matter that can become permitted, which is not nullified when mixed with a majority of permitted things.
1. Question: But one may annul a declaration of Terumah, and it can be nullified!
2. (Mishnah): 1 Se'ah of Tamei Terumah fell into less than 100 Sa'im of Chulin - it must all rot.
i. Had it fell into 100 Sa'im, the Terumah would be nullified!
3. Answer: The case is, the Terumah was given to a Kohen, so the Yisrael may no longer annul his declaration of Terumah.
4. Question: But the end of the Mishnah says, if the Terumah is Tehorah, the mixture may be sold to a Kohen (we see, it was in the hands of a Yisrael)!
5. Answer: The case is, it belonged to a Yisrael that inherited it from his mother's father, who was a Kohen.
6. Question: But the end of the Mishnah says, the mixture may be sold to a Kohen except for the value of the Terumah (we see, the Yisrael was obligated to give the Terumah to a Kohen)!
7. Answer: The case is, it belonged to a Yisrael that inherited it from his mother's father, who was a Kohen.
(d) Answer #2: Rather, vows are different, for it is a Mitzvah to annul them, as R. Noson.
1. (R. Noson): Anyone that vows is as one that builds a private altar (when they are forbidden); one who fulfills the vow (i.e. does not annul it) is as if he offered a sacrifice on it.
2. There is no Mitzvah to annul a declaration of Terumah.
(a) (R. Yochanan): A Litra of onions which were tithed and planted - when they grow, one tithes the entire amount.
(b) Question (Rav Chisda): 1 Litra of the grown onions were already tithed and permitted - how can you treat them as totally untithed?!
(c) Answer (Rava): A Mishnah supports R. Yochanan!
1. (Mishnah): Onions (from before Shemitah) were in the ground in Shemitah; rain fell on them, and they sprouted.

2. If their leaves are black, they are (entirely) forbidden (as Shemitah produce); if the leaves turned green, they are permitted
i. When the leaves are black, we do not say that what grew before Shemitah remains permitted!
(d) Rejection (Rav Chisda): The Mishnah does not say that the entire onions are forbidden, only what grew in Shemitah!
(e) Question: If so, what does R. Shimon Ben Gamliel teach?
1. (Beraisa - R. Shimon Ben Gamliel): The amount that grew in a forbidden state (Shemitah) is forbidden; the amount that grew in a permitted state is permitted.
2. According to Rav Chisda, the 1st Tana agrees!
(f) Answer: Yes - R. Shimon Ben Gamliel taught the entire Beraisa.
1. (Even though there is no proof for R. Yochanan, he is not refuted).
2. In the Beraisa, the onions grew by themselves, so they are not nullified; in R. Yochanan's case, the owner toiled (to plant the onions), and we can say that the initial bulb is nullified once the added growth exceeds the initial size.
(g) Question: Is it really true that whenever he toiled, what is planted is nullified when the added growth exceeds it?
1. By the case of a Litra of Ma'aser Rishon (from which Terumas Ma'aser was not taken) that was planted (in Shemitah), he toiled; yet we learned that tithes must be removed on the initial Litra from other produce! (If it would be nullified, it would be as Shemitah produce, which is exempt from tithes!)
(h) Answer: Ma'aser is different, for the Torah said "Tithe, tithe" (to include, even after it is planted, it is treated as if it was not yet tithed).
1. This applies to the normal case - he planted what is permitted; if he plants what is forbidden, the prohibition remains.
(i) (R. Chanina Trisa'ah): A Terumah onion was planted, and the added growth is more than the bulb, it is permitted.
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