Nedarim 44 - December 8, 14 Kislev

Study Guide Nedarim 44

Today's daf is sponsored by Elisa Hartstein in loving memory of her mom, Betty Minsk z"l (Batsheva Rut bat Shalom v'Fayge) on her third yahrzeit.

The Gemara brings in a braita that discusses the laws of hefker, rendering an item ownerless. The first part of the braita seems to fit with the rabbi's opinion in our Mishna and the second part with Rabbi Yosi, as understood by Rabbi Yohanan. Ulla explains both parts according to the rabbis and Reish Lakish explains both parts according to Rabbi Yosi. The Gemara still has a hard time understanding why in the first part of the braita they said that it doesn't become ownerless in the first three days. Raba explains that this is due to those who abused the law and used it to exempt themselves from paying tithes. The Gemara raises a difficulty about this as well and resolves it. The Gemara brings another difficulty on Reish Lakish from another barita where it is written that the hefker comes into effect immediately and not three days later. How can this be explained according to the Ulla and according to the Reish Lakish?