Nedarim 47a
נדרים מ״ז ע״א
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Topic
Can a person's נדר reach beyond his ownership, and can a נדר forbid things that do not exist yet (חילופין and גידולין) on another person?
Overview
The גמרא goes back to the משנה about someone who says a house is קונם. אבימי asks: if an owner forbids his own house to someone and then dies or sells it, does the איסור stay? רבא brings a proof from a משנה about a father and son. If a father forbids his son from benefiting from him 'in my life and in my death,' the son may not inherit him. So a person can forbid something he owns even for the time after it leaves his ownership. Next the גמרא quotes a משנה. Someone who forbids fruit on himself is also forbidden in its חילופין (what it is traded for) and its גידולין (what grows from it). רמי בר חמא asks whether the same is true when the fruit is forbidden on someone else. He suggests that a person's power over others may be too weak to reach things that do not exist yet. His question continues on the next עמוד.
Opening lines
הָאוֹמֵר לַחֲבֵירוֹ וְכוּ׳.
One who says to his friend, etc.
בָּעֵי אֲבִימִי:
Avimi asked:
״קֻוֽנָּם לְבַיִת זֶה שֶׁאַתָּה נִכְנָס״,
'This house is konam for you to enter,'
מֵת אוֹ שֶׁמְּכָרוֹ לְאַחֵר, מַהוּ?
and he died or sold it to another, what is the law?
The steps (6)
- Questionאבימי asks about a house that is forbidden and then leaves the owner's hands
- Proofרבא brings a proof from a father who forbids his son
- ConclusionConclusion that a person can forbid his property for later
- Statementמשנה: forbidden fruit also forbids what replaces it and what grows from it
- Questionרמי בר חמא asks about fruit forbidden on someone else
- QuestionThe reasoning for why another person might be different