Limud Torah

with Rav Chaim

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Tuesday Nedarim 58

At the end of last Blatt the Gemara brings a proof that what grows afterwords Mivatels what you planted.  R' yochanan says if you plant an onion that all the Trumas and Maasaros were removed, what grows afterwards is tevel and you must take off Trumos and Maaseros on the whole  onion. So we see taht even what was planted becomes tevel because it's batul to what grows.

The Gemara says that really it's not Batul, but the Rabanan wereMachmir

Ran asks: Why don't we say that since really what you planted is not Tevel you might take off Trumah from what you planted on what grew which is obligated. Thus it would come out that it wasn't separated properly.

Ran answers: since what you planted doesn't become Batul that grows, ther reason for that is what grows becomes Batul to what you planted as it grows. Therefore, really none of theis onion is Tevel from the Torah.The whole onion is only Tevel Midarabanan, and has the same obligation. So you can separate for any part of the onion fro any other part.

The Gemara wants to bring a proof from an sixth year onion that you plant on Shvious, we say that what grows Assurs the main part (especially before Biur, then even the smallest amount grows Assurs the planted part since its a Davar Sheyeish Lo Matirin, since you can eat it with the Hilchos Shvious.) So this proves that we don't say what grows is Batul to what you planted.

The gemara also answers that it's only a Chumra.

Ran asks why does the gemara ask this, if we already answered this in the first case. So why should we think this case is different to ask it again.

Ran answers: I would have thought that we wouldn't say that this Braisa is only a Chumra, since it already has a Chumra to say that even the smallest amount is not Batul to what's planted because of Davar Sheyesh Lo Matirin, i would assume they wouldn't impose another Chumra that the growth is not Batul to the original. Therefore i would assume that the reason it's not Batul because that;s the actual halacha. However, the Gemara answers that it's a Chumra.

 

Mon Nedarim 57

If one makes an oath on these fruit, he's forbidden to partake in what grows (if you plant them) and what it's exchanged for.

Ran explains since you specify the fruit by saying "these fruit."Therefore your stating they're like hekdish, thus we treat them so to forbid the growth and the exchange. However, if you just make an oath on the type of fruit in general, this won't apply.

However, Ran asks on this, since in an earlier Perek Rumi b. Chama inquired if this only applies to the one who makes the Neder, since he can Assur other people's property on him, so too they can Assur himself on what grows and is exchanged, despite that it's not his yet. Or any Issur Hannah  has a Halacha of Hekdish and therefore this would apply to all. The second side obviously applies even if you don't specify the fruit, since it applies to all Issur hanah. Since Rami b. Chama doesn't  explicitly ask if the Mishna specifying "these" is not exact and refers even when there is no specification, thus we must assume that he wasn't in doubt. So we must say that even his first side refers even when he doesn't specify. Thus we see that this applies even without specifications.

The Ran answers: really our Mishna needs specification for the one who made the Neder. Therefore he can Assur him not only what he exchanged the object for, but even what others exchanged it. Rami b. Chama only asks if we say that for others that didn't make the Neder, do we say that all exchanges are permitted, since the Neder can't go on them. Or do we say the Halacha of Issur hanah that he's forbidden with what he exchanges the item for. However, we never had a Hava Amina that it should be forbidden to them what others exchanged it for.

 

Wed Nedarin 52

f someone says "I make a Neder on meat or wine that I'll eat" if some fall into a stew, we prohibit the stew if you can taste it in the stew.

Ran asks: we see later that a Neder is a Davar Sheyesh Lo Matirin (it has a way to permit it by Hataras Nedarim.) We know the rule that if it has Matirim it' not Batul even in a thousand. If so, why don't we forbid it if you cannot taste it?

His Rebbis answered: since  Davar Sheyesh Lo Matirim is only Batel if it's mixed in the same type of food. Here it's not applicable  since it's mixed into a different food. Therefore they ask on the Rif that forbids a bread that was baked with a small amount of milk (that doesn't give taste) with meat. Since it has a Matir to eat it without meat, he needs to.  So the Ran's Rebbis asks: we already said that only if it's mixed with the same type of food is it not Batul. However, the milk is not the same type of food as the bread and should be Batul.

However, the Ran defends the Rif. he explains the reason that Davar Sheyesh Lo Matirin needs to be mixed with its own type of foo based on a Gemara. R' Yehudah holds That anything mixed with its own type is not Batul. We see this from Yom kippur that the Kohain Gadol mixed the bull's and goat's blood together, and yet the Torah calls it a mixture of bull's and goat's blood. Although the bull's blood is more, we say the goat's blood is not Batul. The Rabanan explain that there is different since they're the same category, Kosher Olos. This is no proof to a mixture of Kosher and non-Kosher.

So the Ran theorizes that the Rabanan consider that being the same amount Kosher is more of a reason to say they're equal so that they're not Batul together, than the fact they're the same type of food. Therefore, if one is Kosher and one is not, we consider them so different that we say they are Batul despite being the same food. A Davar Sheyesh lo Matirin  is somewhat similar. Although it's not permitted now, since it will be permitted, so we consider it somewhat similar. So if it has another aspect in common, that it's the same type of food, so we say it's also not Batul. However, if it's completely Kosher, we consider them completely similar that it's not Batul even if the foods are totally different types. Since the milk and the bread are both completely permitted, we say that the milk cannot be Batul in the bread and therefore cannot be eaten with milk.

 
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