Wednesday, November 23, 2022

Where does the sanctity go? TB Nedarim 29

Today’s daf TB Nedarim 29 is another one of those complicated dappim. It tries to resolve the question what happens to the sanctity after a temporary sanctity (kedushat lazman-קדושה לזמן) has elapsed.  “The mishna states that if he said: These saplings are like an offering until they are cut down, they are not subject to the possibility of redemption. The Gemara asks: And are they not subject to redemption forever?” (Sefaria.org translation) Bar Padda provides an interesting interpretation. What the Mishna is describing is a renewable sanctity. As soon as he redeems the saplings, the saplings become re-sanctified automatically. Once the saplings have been cut down, the saplings remain sanctified until redeemed; however, they do not become resanctified after they have been redeemed. Ulla disagrees. Once the saplings are cut down their sanctity disappears. “Bar Padda said: If he redeemed them, they become consecrated again, as they have not yet been cut down. If he redeemed them again, they become consecrated again, until they are cut down. Once they are cut down, he redeems them once and it is sufficient. And Ulla said: Once they are cut down one does not need to redeem them again because they are no longer consecrated.” (Sefaria.org translation)

Rav Hamnuna finds Ulla’s interpretation that the sanctity just disappears difficult. “Rav Hamnuna said to Ulla: Where did their sanctity go? How can the consecrated saplings become non-sacred without being redeemed? And what would happen if one said to a woman while performing betrothal: Today you are my wife and tomorrow you are not my wife? Would she exit the marriage the next day without a bill of divorce? Likewise, in the mishna, once one consecrated the saplings, how is their sanctity withdrawn without redemption?” (Sefaria.org translation) Of course, reason dictates that a man can’t marry a woman just for one day and then dissolve the marriage without a divorce.

Rava supports Ulla’s position by saying there is a qualitative difference between the two cases, marriage and the saplings. The sanctity of the woman’s status or the status of a sacrifice (which will be the subject of a baraita later on our daf) has been invested in the body of the woman or the sacrifice. This sanctity is called kidushat haguf (קְדוּשַּׁת הַגּוּף). This sanctity can’t be unconsecrated without some other action. The sanctity of the saplings is monetary in nature because the donor is giving to the Temple the value of the saplings. This sanctity is called kidushat damim (קְדוּשַּׁת דָּמִים). kidushat damim can just disappear after the temporary sanctity has lapsed. “Rava said to him: How do you compare sanctity inherent in its value to inherent sanctity? Sanctity inherent in its value departs with nothing being done, since it is conditional. When the condition is fulfilled and the saplings are cut, the sanctity is removed. However, inherent sanctity, which relates to an entity that itself is consecrated, e.g., a betrothed woman, does not depart with nothing being done. An action must be performed in order to remove it.” (Sefaria.org translation)

The rest of the daf litigates whether Rava’s assertion that kidushat haguf does not depart without nothing being done and that’s when the daf becomes complicated and difficult.

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