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When someone makes a neder forbidding his object to another person and then sells the object to a third party, can the original recipient still not benefit from it? The Ran holds that the neder creates a restriction on the object itself that transfers with ownership. The Rambam (רמב"ם) disagrees fundamentally: nedarim are personal promises, not restrictions on objects, so nothing ever "transfers" — the only question is whether the madir himself is delivering the benefit.
This shiur analyzes a fundamental dispute between the Ran and the Rambam (רמב"ם) regarding the conceptual nature of nedarim (vows) and how they operate when property changes hands. The Gemara (גמרא) in Nedarim 34b discusses the case where someone makes a neder forbidding his object to another person (the mudar) and then transfers ownership of that object to a third party. The question is whether the original mudar can now benefit from the object. According to the Ran's understanding, when someone says "bay zeh" (this object is forbidden to you) and then sells the object to a third party, the mudar still cannot use it. This is because the neder creates an issur that attaches to the object itself — a kind of restrictive covenant that travels with the property. Even though the madir (the one who made the vow) no longer owns the object, the restriction remains attached to it. This raised a conceptual problem discussed in the previous shiur: how can an issur remain on an object after the madir has sold it and no longer owns it? The Ran was forced to say that there must be some aspect of hekdesh or spiritual ownership that enables the restriction to attach to the physical object itself and transfer with it.
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Nedarim 34b
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