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12TH CYCLE DEDICATION
NEDARIM 85 (8 Adar II) - dedicated by Rabbi Wes Kalmar of New Haven, CT, to honor the Yahrzeit of his father, Mattisyahu Yehuda (Martin) Kalmar z'l.
Rebbi holds that the Rabanan penalize someone who steals Tevel and he must pay for all of the Tevel. (1)
Rebbi Yosi Bar Yehudah holds that the Rabanan penalize the owner and the Ganav only pays for the Chulin not for the future Ma'asros. (2)
Rava says that prohibiting Kohanim from having Hana'ah is tantamount to being Mafkir the Tovas Hana'ah of the Terumah. (3)
If a woman prohibits her handiwork on her relatives or her husband's relatives he may not annul the Neder. (4)
If a woman makes a Neder prohibiting her handiwork on her husband, according to the Tana Kama there is no need for the husband to annul the Neder. (5)
Rebbi Akiva says that the husband should annul the Neder because the Neder is valid with respect to the surplus handiwork. (6)
Rebbi Yochanan Ben Nuri says that the husband should annul the Neder because he may divorce her and subsequently remarry her. (7)
If someone is Makdish the handiwork of his wife she may work in order to support herself. (8)
If her handiwork is more than she needs for Mezonos the surplus is Kadosh according to Rebbi Meir. (9)
Rebbi Yochanan ha'Sandlar says that the surplus is not Kadosh.
A person can make a Neder prohibiting his friend's produce on himself or his own produce on his friend.
A person can not prohibit his friend's produce on his friend.
A BIT MORE
1. Including the Tovas Hana'ah of the Terumos and Ma'asros.
2. The owner is penalized for delaying the separation of the Ma'asros.
3. Therefore the Kohanim are allowed to take the Terumah from him forcefully.
4. It is not regarded as a Neder of Inuy Nefesh.
5. The Neder is not valid because the handiwork belongs to her husband and she has no right to prohibit it on her husband.
6. Rebbi Akiva holds that the surplus handiwork belongs to the husband.
7. As soon as he divorces her the Neder will go into effect and if he remarries her the handiwork will be forbidden to him.
8. In this case the husband can not be Makdish her handiwork because he is not giving her money for Mezonos.
9. Rebbi Meir holds a person can be Makdish something that is Lo Ba l'Olam.
Rava says that prohibiting Kohanim from having Hana'ah is tantamount to being Mafkir the Tovas Hana'ah of the Terumah and therefore the Kohanim may take the Terumah from him forcefully. The Rashba asks why is it permitted for the Kohanim to take the Terumos forcefully? Maybe he will go to a Chacham and be released from his Neder! The Rashba answers that we are not concerned for the possibility that he will be released from his Neder even in a case that the release of the Neder will cause a severe prohibition. For example if a person is Mekadesh a woman on condition that she did not make Nedarim and it turns out that she did make Nedarim the Kidushin is not valid and she may marry someone else. She may get married even though it is possible that she will be released from her Nedarim and it will turn out that the Kidushin is valid and that her marriage to the second person is invalid. We are not concerned for the possibility that she will be released from her Neder and therefore she may marry the second person.
Matanos that were not separated are as if they were separated. Therefore if a Yisrael inherits Tevel from his grandfather who is a Kohen he may separate the Terumah and Ma'aser and use it to be Mekadesh a woman. The reason is that even though he may not eat the Terumah and Ma'aser he may sell it to whomever he chooses. However if a Yisrael separates Terumah from his grain and is Mekadesh a woman with it the Kidushin is not valid because the Yisrael has no right to sell the Terumah. The only right he has in the Terumah is the Tovas Hana'ah and Tovas Hana'ah is not Mamon. (Rambam Hilchos Ishus 5:6)
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