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12TH CYCLE DEDICATION
NEDARIM 86 - Dedicated by Steven Shweky in honor of Kollel Iyun Hadaf and their Dafyomi Advancement Forum.
If someone says, "This field that I am selling to you shall be Hekdesh when I buy it back," the field will become Kadosh.
If someone says, "This field that I sold to you shall be Hekdesh when I buy it back it," the field will not become Kadosh.
If someone says, "This field that I gave to you as a Mashkon shall be Hekdesh when I redeem it," the field will become Kadosh.
If someone says, "This field that I gave to you as a Mashkon for 10 years shall be Hekdesh when I redeem it," the field will become Kadosh.
Konamos are tantamount to Kedushas ha'Guf. (1)
Rava says that Hekdesh, Chametz and Shichrur supersede a Shibud (something specified to be used as collateral). (2)
An annulment or affirmation of a Neder that was made mistakenly is not valid. (3)
A BIT MORE
1. It is similar to a Kedushas ha'Mizbe'ach which can not be redeemed.
2. If someone sets aside an item as collateral to his creditor and subsequently is Makdish the item for the Mizbe'ach, or if the item is Chametz and it remained with him over Pesach, or if the item is a servant and he freed it, the item is no longer collateral for the debt.
3. If it was the wife that made the Neder and he thought it was the daughter or she made a Neder prohibiting figs and he thought it was grapes the annulment is not valid.
A FORCED GET
The Gemara says that a woman does not have it in her hands to get divorced. The Porat Yosef asks that if a woman claims that she is revolted by her husband we force him to give her a Get. The Porat Yosef answers that since it is necessary to force him to do so it is not regarded as something that is in her hands. Possibly this is the point of contention between Rebbi Papa and Rebbi Shisha. Rebbi Papa holds that it regarded as in her hands to get divorced and Rebbi Shisha holds that it is not regarded as in her hands since it can only be done by forcing the husband.
The husband or father must have in mind the specific woman when they annul her Neder and the specific Neder that is being annulled. If the wife made a Neder and he thought that it was the daughter or vice versa or she made a Neder prohibiting figs and he thought it was grapes or vice versa the annulment is not valid unless he became aware of his mistake Toch Kedei Dibur and he wants the annulment to be valid. (Shulchan Aruch YD 234:11)
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