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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nedarim 43


(a) The Tana of our Mishnah forbids a Mudar Hana'ah to borrow or to buy from the Madir.
What is the difference between 'She'eilah' and 'Halva'ah', both of which he includes in the prohibition?

(b) The reason for this Halachah is obvious, though the reason that he is not even permitted to lend or even to sell to the Madir is initially obscure, due to the fact that the Tana is speaking about a good sale, where the seller does not gain anything by the fact that Madir wants to buy the article.
On what grounds do we establish the Mishnah by a good sale, rather than by a bad or an average one?

(c) Rebbi Yossi b'Rebbi Chanina establishes the Mishnah when both the Madir and the Mudar had actually forbidden their property on one another.
Then what Chidush is the Tana teaching us?

(d) How does Abaye resolve the problem (as to why the Mudar is forbidden to lend or sell to the Madir)?

(a) How does the Rambam explain why the Tana in the Mishnah in Arba'ah Nedarim 'she'Eini Neheneh le'Yisrael, Loke'ach be'Yeser, u'Mocher be'Pachos ... ' *does not decree* buying on account of selling and vice-versa, in spite of Abaye, who just explained that *our* Tana *does*?

(b) And how will we resolve the Mishnah in 'ha'Shutfin' 'Hareini Alecha Cherem, ha'Mudar Asur' (implying 'ha'Madir Mutar') with our Mishnah (where the Tana decrees the Madir because of the Mudar)?

(a) The Tana of our Mishnah presents the case of a would-be borrower, who, upon being informed that his friend's cow is not currently available, disbelieves him, and, in his anger, he makes a Neder, declaring that he will not plow his field with it.
What will the Halachah now be if he ...
  1. ... normally plows his field?
  2. ... does not normally plow his field?
(b) What can the Madir do if the Mudar has nothing to eat and relies on him to help him out?

(c) Why does the Tana mention that he goes to a store-keeper with whom he is well-acquainted? What difference does that make?

(d) Would the Madir be permitted to announce 'Anyone who hears this announcement should feed so-and-so'?

(a) The Tana adds a further case when the Mudar needs his house to be built, his fence to be repaired or his field to be harvested, which he permits under the same circumstances.
Why does he find it necessary to add this case?

(b) And what can the Madir do to help the Mudar if they are traveling and the latter runs out of food, assuming that there ...

  1. ... is a third person traveling with them?
  2. ... is not (according to the Tana Kama)?
(c) What does Rebbi Yossi say?

(d) What does Rebbi Yochanan mean when he ascribes Rebbi Yossi's stringency to the fact that he holds 'Hefker ke'Matanah'?

Answers to questions



(a) What distinction does Rebbi Yossi in a Beraisa make between whether the Neder preceded the Hefker, or the Hefker preceded the Neder?

(b) How does Rebbi Aba attempt to prove Rebbi Yochanan wrong from there?

(c) How does Rebbi Aba himself refute this Kashya?

(a) We learned in a Beraisa in Bava Basra that if someone gives some of his property to one of his two slaves, and all the property to the other, the first slave acquires nothing, whereas the second one acquires everything. Does this include the first slave?

(b) Why does the first slave not acquire anything?

(c) How does Rava refute Rebbi Aba's explanation from this Beraisa?

(a) So Rava explains Rebbi Yossi's stringency by Hefker as 'Gezeirah Mishum Beis Choron'.
What happened there?

(b) What does Rava therefore mean? How will that explain Rebbi Yossi?

(c) How will this explain the difference between the case where the Neder preceded the Hefker, and that where the Hefker preceded the Neder?

(d) According to Rava (in Rebbi Yossi), when does a Hefker article leave the owner's domain?

Answers to questions

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