No community start suggestion yet.
How does declaring an object hekdesh work when it's not yet in your possession? The Ran requires kinyan dalet amos plus kedushas peh, creating a dual mechanism where you acquire ownership to transfer it while sanctifying it. The Rosh disagrees, holding that hekdesh creates an issur directly without requiring prior kinyan, making the ownership follow the sanctification rather than the reverse.
This shiur presents an intricate analysis of Nedarim 34b, exploring the fundamental mechanics of declaring an object hekdesh (consecrated property) and the din of being a gizbar (treasurer of hekdesh). The central question addressed is: when a person declares an object hekdesh that is within his dalet amos but not yet in his physical possession, what makes him or prevents him from becoming a gizbar? The Ran's position is developed at length. According to the Ran, there is a critical distinction between declaring hekdesh an object that is already in one's house (chatzer) versus declaring hekdesh an object that is merely within one's dalet amos. When an object is in one's house and one declares it hekdesh, the person becomes a gizbar—responsible for the hekdesh property. However, when declaring hekdesh an object in one's dalet amos but not in one's physical possession, there is no din of me'ilah if one picks it up and moves it (without eating it), because the person does not become a gizbar.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Nedarim 34b
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.