Tuesday, December 6, 2022

How does the sabbatical year impact prohibiting benefit? Nedarim 42

How does the sabbatical year impact prohibiting benefit? There seems to be a disagreement between Rav and Shmuel on one side and Rabbi Yoḥanan and Reish Lakish on the other side on today's daf TB Nedarim 42

"Rav and Shmuel who both say that if one vowed before the Sabbatical Year: Benefit from this property is forbidden to you, the other may neither enter his field, nor eat from the produce that leans out of the field, even though the Sabbatical Year arrived in the interim, because the prohibition of the produce took effect before the Sabbatical Year and remained in effect after the Sabbatical Year began." (Sefaria.com translation)

"And it is Rabbi Yoḥanan and Reish Lakish who both say Benefit from my property is forbidden to you... When the Sabbatical Year arrives, he may not enter his field; however, he may eat from the produce that leans out of the field, because the produce is ownerless." (Sefaria.com translation)

The Gemara tries to analyze the point of dissension. It can't be whether a person cannot render an item in his possession forbidden and have the possession forbidden when it leaves his possession. Based upon a close reading of our Mishnah, Rabbi Yoḥanan and Reish Lakish's argument would have been stronger if they used the language "this property" instead of "my property," "Is there anyone who says that a person cannot render an item in his possession forbidden and have the prohibition remain in effect when it leaves his possession? If so, if Rabbi Yoḥanan and Reish Lakish hold that one cannot do so, let them disagree in the case of one who said: Benefit from this property is forbidden to you, and that would be true all the more so if he said: Benefit from my property is forbidden to you. In the latter case, it is clear that the prohibition remains in effect only as long as the item remains in his possession.(Sefaria.com translation)

Nor can the disagreement be about the specific language of the vow, "this property" versus "my property." Can we say that Rav and Shemuel do not differentiate between the language "this property" and "my property?" "But didn’t we learn in a mishna (46a): If one says to another: Entering into your house is konam for me, or: Buying your field is konam for me, then if the owner died or sold the property to another, it is permitted for the one who vowed to enter the house or buy the field, as the prohibition is in effect only as long as it belongs to that person. However, if he said: Entering this house is konam for me, or: Buying this field is konam for me, then if the owner died or sold the property to another, it remains forbidden. Apparently, there is a difference between a case where he simply renders an item forbidden and a case where he renders an item belonging to a particular individual forbidden.(Sefaria.com translation)

I'm happy to report that these amoraim are arguing at all. Each couple is discussing a different scenario. "Rather, this is the explanation of the statements of the amora’imWhen Rabbi Yoḥanan and Reish Lakish said that the prohibition is no longer in effect after the item is no longer in his possession, it was in a case where he said: My property. And when Rav and Shmuel said that the prohibition remains in effect after the item is no longer in his possession, it was in a case where he said: This property. And they do not disagree, as each pair of amora’im addressed a different situation."

We should remember that Rav and Shmuel lived in Babylonia and  Rabbi Yoḥanan and Reish Lakish lived in the land of Israel. It's not possible they were discussing together with each other this Mishnah. It is very likely that this is just an intellectual exercise by the stam gemarra plumbing the depths of these amoraims' statements. 

 


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