Thursday 9 July 2015

Nedarim 47: Vows About Replacements, What Grows from Replacements, and Consecrated Items

A person who vows that his son cannot benefit from him might die.  Does his vow last on past his death?  The rabbis discuss the notion of possession.  Can a parent control an item even after it leaves his/her possession?  Rava suggests that this is possible: a son could be blocked from inheriting an item that was vowed forbidden to him.  This only applies if the parent is specific in his/her vow: s/he must vow that the item is forbidden both before and after his/her death.

If a person vows not to benefit from produce ("this produce is konam upon me" or "it is konam upon my mouth", that produce's replacements and anything that grows from its replacements are also prohibited.  

The rabbis use this opportunity to speak about whether a person can render an item konam to another person even if it is not in his/her possession.  What about an item that has not yet come into the world - can it enter the world already forbidden to the one who vowed?  to another person?  The rabbis ask about creditors collecting from a replacement or something that grows from a replacement.  

The rabbis use a proof from Kiddushin 59(b): if a man betroths a woman with orla, [fruit that is forbidden because it is grown within the first three years of a tree's life],  she is not betrothed. However, if he sells the fruit and betroths her with what it buys, she is betrothed.  Thus one can benefit from a replacement.  

The first thoughts of a new Mishna ends our daf.  It teaches about vows regarding consecrated items, including items that are vowed to be forbidden like an item dedicated to the Temple.  Can two people be prohibited by benefiting from the possessions of the other?  What if the object belongs to those who "have ascended from Babylonia" - common property of the entire nation?

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