Nedarim - Daf 44
- Retracting the hefker of a field
A Baraisa taught: המפקיר את שדהו כל שלשה ימים יכול לחזור בו – One who was mafkir his field, he may retract during the first three days, מכאן ואילך אין יכול לחזור בו – but henceforth he cannot retract. The Baraisa continues, that if he said, “It should be hefker for one day,” or other limited periods of time, then he can retract without limitations until someone acquires the field. The Gemara comments that it appears that the first case reflects the opinion of the Rabbonon, and the second case is the opinion of Rebbe Yose. The Ran explains that this entire sugya is operating with Rebbe Yochanan’s initial understanding of Rebbe Yose (which was refuted), that hefker remains in the domain of the owner until someone acquires it, and he may retract until then. The first case, which states he can only retract for three days, must be the opinion of the Rabbonon. They hold that mid’Oraysa he cannot retract at all, but the Rabbis instituted an ability to retract to prevent people from being mafkir their field in order to exempt them from maaser obligations and then reacquiring them. Deeming it a retraction voids the hefker, so it is obligated in maaser. The second case, which states he can retract without limit, is the opinion of Rebbe Yose.
- Ullah says being mafkir for a limited time is highly unusual and indicates he intends for its return
Ulla answers that the entire Baraisa can be the opinion of the Rabbonon. The reason why he can retract his hefker without any time limit is because this case, where he was only mafkir for a limited time, is highly unusual, and indicates that he intends for it to return to his domain. Therefore, we assume he also intends that even while it is hefker, it should remain his until someone acquires it, like Rebbe Yose holds is the case with every hefker. Reish Lakish answers that the entire Baraisa can be according to Rebbe Yose. The reason why he cannot retract after three days is Mid’Rabbonon,דלא לישתכח תורת הפקר – so that the concept of hefker is not forgotten. The Ran explains that if the owner can retract forever, they will think that whoever acquires it is receiving it directly from the owner as a gift, rather than acquiring it from hefker. They will conclude erroneously that it is obligated in maaser, as in the case of a gift, and use this produce to separate obligations on truly obligated tevel (or the reverse), which is not valid since the produce is truly hefker and exempt from maaser mid’Oraysa.
- המפקיר את כרמו, ולשחר עמד ובצרו
The Gemara challenges Reish Lakish from a Baraisa: המפקיר את כרמו, ולשחר עמד ובצרו – One who was mafkir his vineyard, and the next morning arose and harvested it, and reacquired it, חייב בפרט ובעוללות ובשכחה ובפיאה, ופטור מן המעשר – he is obligated in peret, olelos, shikcha, and peah (based on a derasha that directly obligates him in these things in such a case) and he is exempt from maaser. The Gemara explains that according to Ulla, who said the previous Baraisa is according to the Rabbonon, this is understood. For although the Rabbis instituted that he may retract for three days, and therefore if he reacquires the field, he would be obligated in maaser, that is only mid’Rabbonon, and this Baraisa is expressing the fact that mid’Oraysa he is exempt. However, according to Reish Lakish, that the previous Baraisa was according to Rebbe Yose who holds the owner can retract without a time limit, why would he be exempt from maaser in this case? The Gemara answers that Reish Lakish can interpret this Baraisa as following the opinion of the Rabbonon. The Gemara will offer another answer on the next Daf.
