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NEDARIM 47

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SUMMARY

If someone makes a Neder that his friend may not enter this house, if the owner dies or sells it to someone else it remains forbidden. (1)
 
If a father vows that his son may not benefit from him the son will inherit him when he dies.
 
If the father vows that his son may not benefit from him in his lifetime and after his death the son does not inherit him.
 
If a person prohibits fruit on himself with a Konam he is forbidden to benefit from the proceeds of a trade of the fruit and from anything that grows from the fruit.
 
A person is capable of prohibiting his friend's fruit on himself and he can prohibit something that is yet to exist on himself.
 
A person cannot prohibit his friend's fruit on his friend.
 
If someone prohibits his wife from benefiting from him she may borrow money and the lender may then collect his loan from the husband. (2)
 
If someone is Mekadesh a woman with fruit that is Orlah it is not a valid Kidushin. (3)
 
If Orlah is sold and a person is Mekadesh a woman with the proceeds she is Mekudeshes.
 
If someone says to his friend that his property shall be a Cherem on the friend, or the friend's property shall be a Cherem on him it is forbidden. (4)

A BIT MORE

1. Because a person is capable of prohibiting something for after it is no longer in his possession.
 
2. Even though the wife is prohibited from benefiting from the husband, he is still obligated to support his wife and thus he is obligated to pay back her loan.
 
3. Since it is forbidden to derive benefit from Orlah he did not give her the value of a Perutah.
 
4. The Mishnah is referring to a Neder that was made in Galil and a Stam Cherem in Galil is the Cherem of the Bedek ha'Bayis and therefore it is a valid Neder. However a Stam Cherem in Yehudah is the Cherem of Kohanim which is not a Davar ha'Nadur.

BRIEF INSIGHT

A NON INHERITANCE
 
If the father vows that his son may not benefit from him in his lifetime and after his death the son does not inherit him because a person is capable of prohibiting something even for a time that it is no longer on his possession. The Ran says that although the son may not benefit from the property after the death of his father, however the inheritance does technically belong to the son even though he may not benefit from it and therefore his creditors may take the inheritance as payment for a loan.

QUICK HALACHAH

KIDUSHIN WITH ISUREI HANA'AH
 
If someone transgresses an Isur and sells something that is forbidden in Hana'ah and is Mekadesh a woman with the proceeds, it is a valid Kidushin. (Shulchan Aruch EH 28:22)
 
L'Chatchilah the proceeds of the sale are forbidden to him however b'Di'eved the Kidushin is valid since the proceeds of the sale are not Asur in Hana'ah. (Beis Shmuel)

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