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NEDARIM 35

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SUMMARY

If a person vows that his cow shall be forbidden to his friend, if he dies or gave it as a gift it is permitted to his friend.
 
Rebbi Meir says that if someone vows, "Konam this Kikar shall be Hekdesh" if he or his friend eats it he is Chayav a Korban Me'ilah and it may be redeemed. (1)
 
If someone vows that this Kikar shall be forbidden to him like Hekdesh, if he eats it he is Chayav a Korban Me'ilah and it may not be redeemed. (2)
 
The Chachamim hold that the Chiyuv to bring a Korban Me'ilah does not apply to Konamos.
 
If someone prohibits a Kikar on his friend and subsequently gives it to him neither he nor his friend are Chayav a Korban Me'ilah. (3)
 
If the friend gives the Kikar to someone else he is Chayav a Korban Me'ilah according to Rebbi Meir. (4)
 
Anyone who transfers the money of Hekdesh into the Reshus of Chulin is Mo'el.
 
If someone vows that he will not benefit from his friend the friend may separate Terumah and Ma'aser for him with his permission.
 
The friend may also bring Kinim, Chata'os and Ashamos for him and teach him Torah with the exception of Mikra. (5)
 
It is a question to the Gemara whether the Kohanim are our agents or the agents of Hashem Yisbarach.
 
If the Kohanim are our agents they may not bring a Korban for someone who vowed that he would not benefit from the Kohen. (6)
 
Korbanos may not be brought without the knowledge of their owner with the exception of Mechusrei Kaparah (Korbanos for Zavim or Metzora'im).
 
A father may bring Korbanos of a Zav for his son who is a Katan.
 
Three women may use a Moch as a means of birth control because of the danger of getting pregnant. (7)
 
A person may bring a Korban for his wife who is a Shotah.
 
Rebbi Yehudah says that a husband brings a Korban Ashir for his wife who is a Metzora. (8)

A BIT MORE

1. This is the opinion of Rebbi Meir who holds that the Chiyuv to bring a Korban Me'ilah applies to Konamos, therefore it is possible to redeem the Kikar. Once it is redeemed it will no longer be forbidden.
 
2. Since it is only forbidden to him and not to anyone else it is not the same as Hekdesh and it may not be redeemed.
 
3. The person who gave it is not Mo'el because it was not forbidden to him and the person who received it is not Mo'el because he can say that he did not want to be Koneh an Isur.
 
4. Even though he does not know that it is Hekdesh he is Mo'el once he transfers it to a new Reshus just as anyone who transfers the money of Hekdesh to a new Reshus is Mo'el even though he does not know that it is Hekdesh.
 
5. He may teach him Torah because Mitzvos were not given to benefit from them. He may not teach him Mikra in a place that it was usual to pay for being taught Mikra; however he may teach his sons and daughters Mikra.
 
6. However the Kohen may bring Mechusrei Kaparah even for someone who is prohibited to benefit from him because Mechusrei Kaparah do not need the Da'as of the owner and therefore he is not regarded as the agent of the owner.
 
7. A Ketanah, a pregnant woman and a nursing woman.
 
8. The husband is responsible for all of the Korbanos that his wife is obligated to bring. Therefore if his wife is a Metzora even though she is an Ani since her husband is an Ashir he bring for her the Korban of an Ashir.

BRIEF INSIGHT

KOHANIM
 
It is a question to the Gemara whether the Kohanim are our agents or the agents of Hashem Yisbarach. Tosfos says (Yoma and Kidushin) that there is no question that principally the Kohanim are the agents of Hashem Yisbarach and therefore a person has no right to choose the Kohen that will bring his Korban for him. The question of the Gemara is that maybe the Kohen is not only the Shali'ach of Hashem Yisbarach but also our Shali'ach and therefore it should be Asur for the Kohen to bring a Korban if the person prohibited himself from benefiting from the Kohen.

QUICK HALACHAH

A FORBIDDEN KIKAR
 
If someone tells his friend that this Kikar is forbidden to his friend, even if he gives it to him as a gift or sells it to him it is forbidden to him. However if he dies and it fell to him as an inheritance, or it was given to another person first before it was given to him, since he said "my" Kikar is forbidden to you and it is no longer his Kikar, it is now permitted. (Shulchan Aruch YD 216:8)

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