Today's daf TB Nedarim 33 begins the fourth chapter of our massekhet. This chapter defines the parameters of the benefit, הֲנָאָה, one prohibits in a vow. The Mishnah states " With regard to one prohibited by vow from deriving benefit from another, if that other person chooses, he may contribute the half-shekel to the Temple on his behalf, and repay his debt, and return his lost item to him, and the one prohibited from benefiting is not considered to have benefited from him." (Sefaria.org translation)
Paying somebody's debt really does seem to be a benefit so we should not be surprised that not everybody agrees that this repayment falls outside the parameters of a benefit. In the course of establishing who is the author of our Mishna, the Gemara quotes a discussion we learned back in massekhet Ketubot daf 107b.
"The mishna allowed one who vowed and imposed the prohibition to pay the financial obligations of the one who is prohibited by vow to derive benefit from him. Based on this, the Gemara concludes: Apparently, repaying his debts is tantamount to merely driving away a lion from him, and it is permitted. He is not actually giving him anything. Rather, he is preventing potential future harm. That is not considered a benefit.
"The Gemara asks: Who is the tanna who taught that in performing the actions listed in the mishna one is merely preventing harm? Rav Hoshaya said: This is the statement of Ḥanan in a dispute pertaining to one who pays the debt of another. Ḥanan holds that he cannot demand to be reimbursed for that payment, since he merely prevented potential damage.
"Rava said: Even if you say that everyone agrees that this is the halakha, it was stated with regard to one prohibited by vow from deriving benefit from another who borrowed money, and the creditor stipulated that it was on the condition that if he so chooses he does not need to repay the loan. In that case, by repaying the loan, one who vowed and imposed the prohibition did not actually repay his debt.
"The Gemara asks: What is the opinion of Ḥanan to which the Gemara referred? The Gemara answers that it is as we learned in a mishna: In the case of a husband who went to a country overseas, and one other man arose and supported his wife on his own initiative and then demanded to be reimbursed for that support when the husband returned, Ḥanan said: The one who took the initiative to support the wife lost his money, since the husband neither asked him to do so nor committed to compensate him.
"The mishna allowed one who vowed and imposed the prohibition to pay the financial obligations of the one who is prohibited by vow to derive benefit from him. Based on this, the Gemara concludes: Apparently, repaying his debts is tantamount to merely driving away a lion from him, and it is permitted. He is not actually giving him anything. Rather, he is preventing potential future harm. That is not considered a benefit.
"The Gemara asks: Who is the tanna who taught that in performing the actions listed in the mishna one is merely preventing harm? Rav Hoshaya said: This is the statement of Ḥanan in a dispute pertaining to one who pays the debt of another. Ḥanan holds that he cannot demand to be reimbursed for that payment, since he merely prevented potential damage.
"Rava said: Even if you say that everyone agrees that this is the halakha, it was stated with regard to one prohibited by vow from deriving benefit from another who borrowed money, and the creditor stipulated that it was on the condition that if he so chooses he does not need to repay the loan. In that case, by repaying the loan, one who vowed and imposed the prohibition did not actually repay his debt.
"The Gemara asks: What is the opinion of Ḥanan to which the Gemara referred? The Gemara answers that it is as we learned in a mishna: In the case of a husband who went to a country overseas, and one other man arose and supported his wife on his own initiative and then demanded to be reimbursed for that support when the husband returned, Ḥanan said: The one who took the initiative to support the wife lost his money, since the husband neither asked him to do so nor committed to compensate him.
"The sons of High Priests d hiisagreed with him and said: The one who took the initiative to support his wife will take an oath as to how much he spent and take repayment from the husband. Rabbi Dosa ben Harkinas said in accordance with the statement of the sons of High Priests. Rabbi Yoḥanan ben Zakkai said: Ḥanan spoke well, as in any case of this type he placed his money on the antler of a deer, i.e., a risky venture with no guaranteed return.
"The Gemara explains the dispute between Rava and Rav Hoshaya with regard to attribution of the mishna: Rava did not say that the mishna is in accordance with the opinion of Ḥanan, as did Rav Hoshaya, and he preferred a different explanation, as he establishes the mishna in accordance with the statements upon which everyone agrees, rather than attributing it to an individual tanna. Rav Hoshaya did not say that the mishna is in accordance with the opinion of all the tanna’im as did Rava, as there is basis to issue a rabbinic decree prohibiting repayment of a loan for one for whom benefit from another is forbidden by vow on the condition that he does not need to repay the loan, due to a standard loan that he is required to repay. Therefore, he prefers to establish the mishna in accordance with the opinion of Ḥanan.isagreed with him and said: The one who took the initiative to support his wife will take an oath as to how much he spent and take repayment from the husband. Rabbi Dosa ben Harkinas said in accordance with the statement of the sons of High Priests. Rabbi Yoḥanan ben Zakkai said: Ḥanan spoke well, as in any case of this type he placed his money on the antler of a deer, i.e., a risky venture with no guaranteed return.
"The Gemara explains the dispute between Rava and Rav Hoshaya with regard to attribution of the mishna: Rava did not say that the mishna is in accordance with the opinion of Ḥanan, as did Rav Hoshaya, and he preferred a different explanation, as he establishes the mishna in accordance with the statements upon which everyone agrees, rather than attributing it to an individual tanna. Rav Hoshaya did not say that the mishna is in accordance with the opinion of all the tanna’im as did Rava, as there is basis to issue a rabbinic decree prohibiting repayment of a loan for one for whom benefit from another is forbidden by vow on the condition that he does not need to repay the loan, due to a standard loan that he is required to repay. Therefore, he prefers to establish the mishna in accordance with the opinion of Ḥanan." (Sefaria.com translation)
The Ran reminds us that two versions of the baraita end differently. The version in Ketubot explains the reason why the Bnai kohanim hold that the husband has to repay the man who supported his wife while he is away even though this loan has no terms and can be repaid back any time is due to embarrassment. Every time the husband crosses his paths with the lender, he feels embarrassed that he has not paid back this debt.
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