Nedarim - Daf 30
- פדאום אחרים אין חוזרות וקדושות
Bar Padda had said about one who declared his saplings kadosh until they are cut, each time he redeems them they revert to a state of kedushah. The Gemara asks, that based on Bar Padda, we should resolve a question of Rebbe Hoshaya. He had asked about a case where one gave two perutos to a woman for kiddushin and said: באחת התקדשי לי היום ובאחת התקדשי לי לאחר שאגרשיך - “With one you should be married to me today, and with the other you should be married to me after I divorce you,” if the second marriage is effective. Since Bar Padda taught that the saplings become automatically kadosh after redemption, the second marriage should also be valid. The Gemara responds that Bar Padda only said they revert to kedushah if he himself redeems them (thus retrieving them into his control), but if another person redeems them, thereby removing them from his domain, they would not become kadosh again automatically. The Ran explains that this is so even if he subsequently acquires them from the redeemer. The case of marriage is analogous to someone else redeeming, because while she is divorced, she is outside of the domain of the man, who performs the act of kiddushin.
- הנודר משחורי הראש
The second Mishnah on Amud Beis states: הנודר משחורי הראש - One who vows from “the black-headed” (meaning those with dark hair), אסור בקרחין ובעלי שיבות, ומותר בנשים ובקטנים - he is forbidden to benefit even from bald people and the elderly (who have white hair), and he is permitted to benefit from women and children שאין נקראין שחורי הראש אלא אנשים - because only men are referred to as “black-headed.” The Gemara explains that he is forbidden to bald people, although they have no hair, because he did not say “from those with hair,” indicating that he intended it in the idiomatic sense. The Ran adds that once his term is not taken fully literally, it also includes the elderly. The Gemara explains that “the black-headed,” is taken as a reference specifically to men, because it is understood to mean “those whose head is at times covered and at times uncovered” (and they can neither be described as those with covered heads, nor as those with uncovered heads). Therefore, his neder is only from men, as opposed to women, whose hair is always covered, and children, whose hair is never covered.
- הנודר מן הילודים ומן הנולדים
The next Mishnah states: הנודר מן הילודים מותר בנולדים - One who vows from “yilodim,” [it is understood to mean “those already born,”] is permitted to those who will be born subsequently. If someone vows from noladim [which might imply those born in the future], the Tanna Kamma says he is forbidden even to those already born. Rebbe Meir says: He is permitted, אף בילודים - even to those already born. Rav Pappa asked Abaye, how can we say that noladim refers to those who will be born? Why, the passuk states: “שני בניך הנולדים לך בארץ מצרים”- Your two sons who have been born to you in Egypt, referring to Ephraim and Menashe, who were already born. When the Gemara presents a passuk showing that nolad can mean born in the future, it concludes: אלא משמע הכי ומשמע הכי - Rather, it implies both, ובנדרים הלך אחר לשון בני אדם - and regarding nedarim, follow the language of people, i.e., how words are commonly used. Rebbe Meir holds that noladim is used universally for the future born, and the Tanna Kamma says it is also used to refer to those already born. The Chochomim, explaining the Tanna Kamma, say that the person’s intent is to prohibit benefiting ממי שדרכו להוולד - from those whose nature is to be born. The Gemara explains that this means to exclude fish and birds which hatch from eggs.
