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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 33


(a) What makes Resh Lakish change the text in our Mishnah from 'Mudar Ma'achal' to 'Mudar Hana'as Ma'achalcha'?

(b) What does Rava ask on Resh Lakish's text? What does he take 'Hana'as Ma'achalcha' to mean?

(c) Rava therefore amends the text to 'Hana'ah ha'Mevi'ah li'Yedei Ma'achalcha Alai'.
Does this also incorporate wheat-kernels to chew and place on his wound?

(a) According to the new text, may the Mudar borrow a sack from the Madir in order to transport fruit?

(b) Rav Papa (the author of the previous Chidush), then asks whether he is permitted to walk through the Madir's land to get to his fruit. What is the She'eilah? Why should this be any different than borrowing a sack to transport fruit?

(a) Rav Papa also asks about borrowing a horse from him and a ring to create the impression of being an important man.
What food benefit does he get out of that?

(b) How do we try to resolve this She'eilah from our Mishnah, which permits borrowing clothes and rings?

(c) On what grounds do we refute that proof?

(a) What do Rav Papa's She'eilos have in common?

(b) How do we rule with regard to them?

(a) In a place where one tends to rent out vessels, the Mudar is not even permitted to borrow vessels that are *not* used for food.
Why is that?

(b) In that case, the Reisha which forbids borrowing vessels that are used for food, speaks even when it is not customary to do so.
Why is it then forbidden, seeing as vessels are easily obtainable from any of one's neighbors free of charge?

(a) The Tana of our Mishnah permits the Madir to pay the Mudar's annual half-Shekel as well as his debts.
Why is that?

(b) Why does he also permit him to return his lost articles?

(c) He adds that where it is customary to take payment for returning them, the money must go to Hekdesh.
Which money are we talking about?

(d) Since when is one permitted to accept payment for performing a Mitzvah?

(a) We just learned that the Madir is permitted to pay the Mudar's half-Shekel because he is only 'Mavri'ach Ari'.
How come that he is not benefiting him with a portion in the daily Korbenos Tzibur (towards which the half-Shekel contributes)?

(b) Rav Hoshaya establishes our Mishnah (which does not consider 'Mavri'ach Ari', Hana'ah) like Chanan.
What does Chanan say with regard to someone who sustains his friend's wife whilst he is away?

(c) According to Rava, the author of our Mishnah could even be the Chachamim.
Seeing as they consider Mavri'ach Ari, Hana'ah, how will our Mishnah then speak in the case of ...

  1. ... 'Porei'a Lo Chovo'?
  2. ... 'Shokel Lo Shiklo'?
(d) What will then be the Chidush of our Mishnah? Is it not obvious that if the Mudar is Patur from paying, the Madir may pay on his behalf?
Answers to questions



(a) In the previous Machlokes, Rava disagrees with Rav Hoshaya, because he prefers to establish our Mishnah unanimously than to confine it to the opinion of Chanan.
But why did Rav Hoshaya decline to learn like Rava? What objection does Rav Hoshaya raise against Rava (who maintains that the Rabbanan concede to Chanan that as long as the Mudar is absolved from having to repay his loan, the Madir may pay the Mudar's loans)?

(b) How does the Sugya in K'suvos explain why Rav Hoshaya disagrees with Rava?

(a) We just cited Chanan, who rules that if a man sustains his friend's wife in his friend's absence, he cannot reclaim his money upon his friend's return.
How does the Rashba qualify Chanan's ruling?

(b) We might have agreed with him if the man had explicitly stated that he is lending the woman the money, but not when he does so S'tam. Why is that?

(c) We rule like Chanan, as we learned in K'suvos.
Will the Madir be permitted to pay the Mudar's debt even if the creditor is pushing for the money, or do we restrict his Din to where the debtor (such as the husband in K'suvos) can counter the claimant by saying that he could have appeased the creditor (his wife) and got her to forego the claim (the Mezonos)?

(d) According to Chanan, the man who pays his friend's debt will lose his money even if the creditor has a security (a Mashkon).
Do the Rabbanan argue with him there too, or do they concede to him that he loses his money, because the debtor can counter that he would have persuaded the creditor to return the Mashkon)?

(a) According to Rav Yosef, someone who returns a lost article is a Shomer Sachar, because he gains 'Perutah de'Rav Yosef.
What is 'Perutah de'Rav Yosef'?

(b) Rav Ami and Rav Asi (or Rebbi Ami and Rebbi Asi) argue as to whether the Mudar is permitted to return the lost article of the Madir because he gains 'P'rutah de'Rav Yosef'.
On what grounds does one of them permit it? Does he not hold like Rav Yosef?

Answers to questions

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