NEDARIM - 059a – הנודר מן הירק – פרק שביעי – נדרים, נט ע”א

They say: Maaser — it is the completion of the grain that causes it.^[1]

תריץ מעשר - terumas maaser — it is the completion of the grain that causes it, for one is not obligated in terumas maaser until it is smoothed into a pile; and this was smoothed last year, so the obligation of tithing on it is from last year, and its prohibition is not through the ground; therefore its nullification is not through the ground.

Rami bar Chama objected: These fruits are konam on me, they are konam on my mouth, they are konam to my mouth — he is forbidden in their exchanges and their growths;

that I will not eat, that I will not taste — he is permitted in their exchanges and their growths, in something whose seed disintegrates; but in something whose seed does not disintegrate, even growths of growths are forbidden.

אפילו גידולי גידולין אסורין - evidently, permitted growths do not nullify the prohibition, and this is difficult for Rabbi Ami.

Rabbi Abba said: Konamos are different: since if he wishes he can request annulment on them, they are like a thing that can become permitted,^[2] and it is not nullified in a majority.

ואין בטיל ברוב - that is, in a majority of its measure, in its many growths.

But terumah — if he wishes he can request annulment on it, and it is nullified in a majority!

הרי תרומה דיאי בעי מיתשיל עלה - for if he intended to separate terumah and maaser for his produce from the fruit of this basket, and erred and gave from another basket, he can request annulment before a Sage and tell him: I intended to give not from this basket but from that one, and it is not terumah; and even so it is nullified in a majority, as we learned, etc.

For we learned: A se'ah of impure terumah that fell into less than a hundred of chullin — let it rot; but into a hundred — it is lifted out.

תירקב - all of it, for it has no remedy, neither for a kohen nor for a Yisrael.

הא אם נפל למאה - one se'ah is lifted out and the rest is permitted; evidently it is nullified in its own majority, as this one, which is a hundred; and still our Mishnah in Nedarim is difficult for Rabbi Ami.

They say: We are dealing with terumah in the possession of a kohen, where he cannot request annulment on it.

[ומשני] הא תרומה בתרומה ביד כהן עסקיגן - for once the kohen has acquired it, no one can request annulment on it, and it is not like konamos.

If so, say the latter clause: If it was pure — it is sold to a kohen!

תימכר לכהן - it is already in the kohen's possession, and he need not sell it.

Rather, we are dealing with a Yisrael to whom it fell from the house of his mother's father, a kohen.

אלא ביד ישראל עסקינן שנפלו וכו' - he cannot request annulment on it, for the kohen has already acquired it.

But it teaches in the latter clause: It is sold to a kohen, except for the value of that se'ah!

והא קתני סיפא אם היתה טהורה תימכר לכהן - for it is in the possession of a Yisrael, except for the value of that se'ah. If it fell to him from the house of his mother's father, a kohen, why does it say except for the value of that se'ah? Even that se'ah should be sold, since it came to him by inheritance.

Rather, say: Granted konamos — it is a mitzvah to request annulment on them, because of Rabbi Nasan,

אלא - really we are dealing with terumah in the possession of a Yisrael, and he can request annulment on it, and even so it is nullified in a majority, and the question returns to its place. The reply — so we read: rather, regarding konamos it is a mitzvah to request annulment on them, and it is as if annulment were requested on them, and it becomes a thing that can become permitted, and it is not nullified in a majority.

for Rabbi Nasan said: Whoever vows is as if he built a bamah, and one who fulfills it is as if he offers upon it;^[3]

terumah — what mitzvah is there to request annulment on it?

אבל תרומה מאי מצוה איכא לאיתשולי עלה - and since it is not a mitzvah, one will not come to request annulment on it, and it is like a thing that cannot become permitted; therefore it is nullified in a majority.

The matter itself: Rabbi Yochanan said: A litra of onions which he tithed and planted is tithed according to all of it.

וזרעה מתעשרת לפי כולה - even from the litra of the original.

Rabbah sat and said this teaching.

Rav Chisda said to him: Who listens to you and to Rabbi Yochanan your teacher? The permitted part in them — where did it go?

היתר שבהן - that litra of the original which had been tithed.

היכן הלך - since it is present, there is no need to tithe it.

He said to him: Did we not learn similarly: Onions upon which rain fell and they sprouted^[4]

בצלים - of the sixth year, etc.: let us say, the permitted part in them — the original that grew in the sixth year — where did it go? And let the original be permitted.

Tosafos

מתיב רמי בר חמא קונם פירות הללו עלי קונם כו' - For since he said konam without qualification, he forbade them on himself for benefit, both in exchanges and in growths.

קונם שאני אוכל - He forbade himself only in their substance; therefore, in something whose seed disintegrates the growths are permitted, but in something whose seed does not disintegrate even growths of growths are forbidden. Evidently permitted growths do not nullify the prohibition; for if they did, why would growths be forbidden? He forbade himself only in the substance of the fruits and did not forbid the growths — let the permitted growths come and nullify the original! Rather, learn from this that growths do not nullify the original; therefore the original spreads through the growths and they are forbidden on account of the original, and the original is significant and is not nullified. And although it certainly is not permitted through the ground like Sheviis, nonetheless it is like a permission through the ground, and one cannot answer: it is the completion of the grain that causes it.

א"ר [אבא] שאני קונמות הואיל ואי בעי מיתשל עלייהו והוי כדבר שיש לו מתירין ולא בטיל - And therefore growths do not nullify the original. And what we learned above (52a): konam wine, and it fell into a cooked dish — if it has the taste of wine it is forbidden, and if it does not have the taste of wine it is permitted, for it is nullified — that is because it is one kind in another kind; for that a thing that can become permitted is not nullified applies only to one kind in its own kind. And what Rav Ashi concludes in the last perek of Beitzah (39a), that water and salt are not nullified in a dough because it is a thing that can become permitted, even though it is not one kind in its own kind — one can say that there it is because there is a giving of taste, so they are not nullified.

והרי תרומה כו' דתנן - The same applies that one could have asked according to the one who says that terumah has no annulment.

סאה של תרומה שנפלה לפחות ממאה תרקב - For it is not nullified in less than a hundred, and the Rabbis supported it on the verse from it you shall lift — what you lift from it that fell into it, sanctifies it.

א"ה - That we establish it in the possession of a kohen — if so, it speaks where the mixture happened in the kohen's house; [say the latter clause: if it was pure] it is sold to a kohen — but it is his! Rather, it speaks where it is in the possession of a Yisrael; and if so, a Yisrael to whom terumah fell from the house of his mother's father, a kohen, so that now it is his.

תמכר לכהן חוץ מדמי סאה - But it is his, if it speaks where they are in the possession of the Yisrael, and he may well sell it! Rather, learn from this that it speaks of terumah that a Yisrael separated to give to a kohen.

הכי גרסינן אלא בשלמא קונמות מצוה לאיתשולי עלייהו והוי דבר שיש לו מתירין - So we read.

גופא כו' היתר שבהם להיכן הלכה - That is, the permitted part that was in the litra which he tithed — where did it go? For they hold that he does not say permitted growths nullify the prohibition; he could have proven that permitted growths nullify the prohibition from that case of one who weeds, above.

Notes

1. 1. Continues from [Nedarim 58b], on whether permitted growths nullify a prohibition.
2. 2. A thing that can become permitted — something that can become permitted without nullification, and therefore it is not nullified in a majority.
3. 3. A bamah — a private altar, forbidden once the Beis HaMikdash was built.
4. 4. The passage continues on [Nedarim 59b].