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NEDARIM 61

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SUMMARY

According to the Tana Kama the year of Yovel does not count as the first year toward the next cycle of Shemitah.
 
Rebbi Yehudah holds that the year of Yovel counts as the first year toward the next cycle of Shemitah.
 
According to the Tana Kama if someone makes a Neder not to drink wine for this Yovel the year of Yovel is included but according to Rebbi Yehudah it is not included.
 
According to Rebbi Yehudah the Pasuk that says "six years plant your fields" is not referring to the first cycle of Shemitah after the Yovel. (1)
 
The Pasuk that says that the produce of the sixth year will provide for three years is not referring to the Shemitah prior to the year of Yovel. (2)
 
Rebbi Meir says that if someone says that he was Mekadesh his big daughter and he does not know which one, they are all forbidden with the exception of the youngest. (3)
 
Rebbi Yosi says that all of the daughters are permitted with the exception of the oldest daughter of the first wife.
 
If someone makes a Neder Ad Pnei Pesach Rebbi Meir says that he may not drink wine until the end of Pesach and Rebbi Yosi says until the beginning of Pesach. (4)
 
If someone makes a Neder prohibiting something Ad ha'Katzir (until the harvest) or Ad she'Yehei ha'Katzir it is only forbidden until the beginning of the harvest. (5)
 
If someone makes a Neder prohibiting something Ad she'Yehei ha'Kayitz it is forbidden until the figs start getting collected in baskets. (6)
 
If someone makes a Neder prohibiting something Ad she'Ya'avor ha'Kayitz it is forbidden until the knives that are used to cut the figs are folded up.
 
If someone makes a Neder prohibiting the fruit of the Kayitz, only figs are forbidden, Rebbi Shimon Ben Gamliel holds that grapes are also forbidden.

A BIT MORE

1. Since Rebbi Yehudah holds that the year of Yovel counts toward the first cycle of Shemitah, since it is forbidden to work the land during Yovel there is only a five year period to work the land between Yovel and Shemitah.
 
2. Since is forbidden to work the land during the year of Yovel the sixth year must produce enough for four years.
 
3. The father has two daughter from two different wives and he says that he does not know if he was Mekadesh the oldest of his daughters from his first wife or the oldest of the daughters of the second wife or the youngest of his daughters from his first wife who is older than the oldest daughter of the second wife, therefore they are all forbidden except for the youngest of the daughters of the second wife.
 
4. Rebbi Yosi holds that a person does not place himself in a situation of Safek therefore since the word Pnei has ambiguous implications he must have meant the most lenient of all of the implications which is the beginning of Pesach. Rebbi Meir holds that a person does place himself in a situation of Safek therefore since we do not know what his intention was we are stringent.
 
5. Even though normally when someone says Ad she'Yehei his intention is that the Neder should endure until the end, however since the harvest lasts for an undetermined amount of time he does not want his Neder to endure for an undetermined amount of time and therefore it is only forbidden until the beginning of the harvest.
 
6. Kayitz is the time of the harvest of the figs. The harvest of the figs lasts for an undetermined amount of time and therefore it is only forbidden until the beginning of the harvest.

BRIEF INSIGHT

YOVEL
 
If someone makes a Neder prohibiting something Ad ha'Katzir (until the harvest) or Ad she'Yehei Katzir it is only forbidden until the beginning of the harvest. The Rosh explains that since the harvest lasts for an undetermined amount of time he does not want his Neder to endure for an undetermined amount of time. However if it lasted for a determined amount time it would be forbidden until the end of the harvest even though the beginning of the harvest is not always at the same time. However the Rambam learns that something which starts at an undetermined time even though it lasts for a determined amount of time, if he says Ad she'Yehei, it is forbidden only until the beginning. The Ran says that whether it starts at an undetermined time or the amount of time it lasts is undetermined it is only forbidden until the beginning of the time. (Keren Orah)

QUICK HALACHAH

KATZIR
 
If someone makes a Neder prohibiting something Ad ha'Katzir or Ad ha'Batzir or if he says Ad she'Yehei ha'Katzir or Ad she'Yehei ha'Batzir it is only forbidden until the beginning of the harvest because regarding anything that is undetermined no matter what Lashon he uses it is only forbidden until the beginning. (Shulchan Aruch YD 220:12)
 
It is forbidden until the actual harvest not until the time of the harvest. (Shach)

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