REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
A Neder that a person may not have a benefit that leads to food includes borrowing a sack, basket or donkey for the purpose of transporting food.
Rebbi Papa asks an unresolved question whether a Neder that a person may not have a benefit that leads to food includes borrowing a horse or ring or cutting through his property. (1)
If a person makes a Neder that he may not have a benefit that leads to food he may borrow a shirt, ring or Talis.
A Neder that a person may not have a benefit that leads to food includes all utensils that can be rented out even if they are not used in the preparation of food. (2)
If a person makes a Neder not to benefit from his friend, the friend may pay the Machatzis Shekel for him and pay his Chov and return his Aveidah. (3)
If a husband traveled overseas and someone gave Mezonos to his wife Chanan says that the husband is not obligated to pay him back.
The Bnei Kohanim Gedolim hold that he swears how much he spent and the husband must pay him back.
If a person makes a Neder prohibiting his friend from benefiting from him, he may return the Aveidah of his friend. (4)
If a person makes a Neder prohibiting his friend from benefiting from him, if his friend finds his Aveidah, it is Machlokes between Rebbi Ami and Rebbi Asi whether he may return it. (5)
A BIT MORE
1. He wants to borrow the horse or ring so that he will look prominent and thus he will receive a nice portion or he wants to cut through his field as a short cut on the way to a party.
2. Utensils that are used in the preparation are forbidden according to Rebbi Eliezer even if they are not usually rented out.
3. In a place that the custom is to pay a reward to someone who finds an Aveidah, if the finder does not wish to take a reward, the reward shall be paid to Hekdesh.
4. Because he is simply returning something that already belongs to his friend.
5. According to one opinion the friend may not return the Aveidah because he is benefiting the Perutah of Rebbi Yosef; he is Patur from giving a poor person a Perutah while he is occupied with the Aveidah. The other opinion holds that the Perutah of Rebbi Yosef is not common and therefore it is not regarded as a benefit.
|
BRIEF INSIGHT
PERUTAH OF RAV YOSEF
If a person makes a Neder prohibiting his friend from benefiting from him, according to one opinion if his friend finds an Aveidah he may not return it because he is benefiting the Perutah of Rebbi Yosef. The Chasam Sofer explains that if at the time he found the Aveidah he was not aware who it belonged to and he picked it up and brought into his house, after he finds out that it belongs to the person who made the Neder he should not return it to him and instead he should wait for the owner to go to Beis Din and force him to give it back. However if at the time he found it he knew that it belonged to him he may pick it up and return it to his friend even though he is forbidden to have benefit from him. As long as he makes up his mind at the time he picks it up that he will not avoid giving a Perutah to a poor person even while he is occupied with the Aveidah it is not regarded as if he is benefiting from him.
QUICK HALACHAH
PAYING A CHOV
If someone pays off his friend's debt without his knowledge his friend is Patur from paying him back even if the Chov was with a Shtar and even if he had given a Mashkon and his friend retrieved it for him. (Shulchan Aruch CM 128:1)
The reason the borrower is Patur from paying him back is because he can claim that had you not paid it back I would have appeased the lender and he would have forgiven the loan and I would not have had to pay back. (Sma)
|
Next Daf
Index to Revach for Maseches Nedarim
|
