Nedarim 35A

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Text Excerpt

איתיביה, אמר לו: ״השאילני פרתך״, אמר לו: ״קונם פרה שאני קנוי לך״, ״נכסי עליך אם יש לי פרה אלא זו״. ״השאילני קרדומך״, אמר לו: ״קונם קרדום שיש לי שאני קנוי״, ״נכסי עלי אם יש לי קרדום אלא זה״, ונמצא שיש לו ⁠— בחייו אסור, מת או שנתנה לו במתנה ⁠— הרי זה מותר.

The Talmud raised an objection to Rava. If another person said to him: Lend me your cow, and the owner answered and said to him: Every cow that I purchased other than this one, which I need, is konam for you; or if he said: My property is forbidden to you if I have a cow other than this one, and in fact, he owns other cows; or if another said to him: Lend me your spade, and the owner of the spade said to him: Every spade that I have that I purchased is konam for you; or if he said: My property is forbidden to me if I have a spade other than this one, and it is discovered that he has another spade and the konam takes effect, then during the life of the one who vowed, the cow or the spade is forbidden to the subject of the vow. If the one who vowed died or if the cow or the spade was given to the subject of the vow as a gift, it is permitted. Apparently, the konam is in effect only as long as the property is in his possession.

אמר רב אחא בריה דרב איקא: שניתנה לו על ידי אחר.

Rav Aḥa, son of Rav Ika, said: It is referring to a case where it was given to the subject of the vow by another person. The one who vowed did not give him the gift directly. He sold or transferred the item to a third party, who gave it to the subject of the vow as a present. Since the property left the possession of its owner before it was given to the subject of the vow, the prohibition does not take effect upon it.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.