Talmud sobre Nedarim 4:13

He could appoint a provider¹⁵The Mishnah requires the husband to look for a provider but in fact he cannot appoint one since his vow prohibits him to provide for his wife through an agent. The only way the husband can fulfill his obligation is indicated by Mishnah Nedarim 4:8 (Notes 101,102) quoted here, in that he indicates to a third person that he is ready to repay that person after he has provided for his wife, in a way that the provider could not have recourse to the courts if the husband would not pay., as the following: “X is forbidden any profit from me by a vow and I do not know what to do.” Let him appoint a provider¹⁶Why can the wife force a divorce if she is provided for?! A woman has the right to say, it is impossible for me to be provided for by anybody other than my husband. But did we not state¹⁷Mishnah 5:11. That Mishnah and the following give detailed instructions how a wife is provided for by an agent, giving the impression that this refers to a permanent arrangement. Why is this only accepted as very temporary in the Mishnah here?: “If somebody provides for his wife through a third party.” There, if she accepted it; here, if she did not accept it. If she did not accept it¹⁸This clause is an insert by the first corrector. The text is suspect since אִי is Babylonian, for Galilean אִין “if”. then he should not appoint even for one day! She continues with him for one month, perhaps he will find an opening for his vow¹⁹One requires a cooling-down period of one month to give the husband time to regret his vow and seek dissolution of the vow by an Elder.. Samuel says, if he vowed for thirty days. But if he vowed forever, he shall divorce immediately and pay the ketubah. Rebbi Ze‘ira, Rebbi Avina in the name of Rav: Even if he vowed forever, she continues with him for one month, perhaps he will find an opening for his vow²⁰In the Babli, 71a, the positions attributed to Samuel and Rav are switched..

Rebbi Zeïra¹⁶⁸This paragraph explains the action of the Sabbatical year on Temple property. The text follows the parallel in Pesaḥim 4:9 (fol. 31b). in the name of Rebbi Joḥanan (Lev. 25:2): “The land shall observe a Sabbath for the Eternal.” The sanctity of the Sabbatical year falls¹⁶⁹Hence, the status of ownership has no influence on the duties of the Sabbatical year. on anything that is the Eternal’s. Rebbi Ḥiyya bar Abba asked before Rebbi Mana: It is impossible¹⁷⁰In Mishnaic Hebrew, אפשר means “it is possible,” but איפשר is a contraction of אֵי אפשר and means “it is impossible.” to eat it¹⁷¹Any produce from Temple property collected in the Sabbatical year. without redemption since Temple property cannot exit¹⁷²Its sacred status without the sanctity being transmitted to the money that goes into the Temple treasury. without redemption. If one redeems and eats it, it would be as if one bought an axe with money from the Sabbatical¹⁷³Since it is written (Lev. 25:6): “The rest of the Land should be for you to eat,” we infer that the spontaneous growth is there to be eaten, not to be traded. It is possible to trade produce of the Sabbatical year as long as the final use is for food. The Temple has no need for money for food since the public sacrifices must be paid from the Temple tax of half a šeqel and private sacrifices are paid by the donors. Valuables donated to the Temple are used for building upkeep, vessels, and implements. Any monetary gain from Sabbatical produce for these purposes is forbidden; how can the Temple accept illegal money?! He said to him, the treasurer¹⁷⁴The Temple treasurer. He has the right and the obligation to sell all Temple property which is not directly used for sacrifices in order to raise money for the upkeep of the Temple. The Sabbatical produce is not sold but directly exchanged for vessels or implements needed by the Temple. This exchange is permitted; it removes the holiness of Temple property but has no influence on the Sabbatical status of the produce. Then the third party may sell the produce as Sabbatical food (Explanation by R. Z. Frankel.) The third party probably is chosen before any harvest of the Sabbatical year to avoid leading ignorant people into sin. exchanges it through a third person. Rebbi Mattaniah¹⁷⁵He belongs to the last generation of Galilean Amoraïm, later than R. Ḥiyya bar Abba. said, why do we not explain it¹⁷⁶That the laws of the Sabbatical year apply to Temple property. according to everybody, as Rebbi Joḥanan said¹⁷⁷This refers to Mishnah Nedarim4:10: “If they were on the road (a person A and another B who had made a vow not to use anything belonging to A). If B has nothing to eat, A gives food to a third person as a gift and B may use it. If no third person is with them, A puts the food up on a fence or a rock and says: This is abandoned to anybody who wants it. B may take and eat it, but Rebbi Yose forbids it.” On this, R. Joḥanan notes in Halakha 4:10 that R. Yose forbids only because the food was forbidden to B before it was declared abandoned; the abandonment is invalid relative to B. But if something was abandoned before any vow was made, R. Yose agrees that the vow cannot retroactively influence the status of abandoned property. Cf. Chapter 6, Note 17.: The words of Rebbi Yose: because his vow precedes his declaration of abandonment. And here¹⁷⁸In the case of the vineyard, the abandonment of the gleanings is written in the Torah and certainly precedes any dedication., because his vow of abandonment precedes his dedication¹⁷⁹The abandonment of the Sabbatical year is not invalidated by the dedication. Hence, the produce of the Sabbatical year should not need redemption..