Nedarim 86A

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Text Excerpt

אמר רבי אילא: ומה אילו אומר לחבירו ״שדה זו שאני מוכר לך, לכשאקחנה ממך ⁠— תקדיש״, מי לא קדשה?

R' Ila said: And what is the halakha if one person says to another before selling him a field: This field that I am selling to you now, when I will buy it back from you, let it be consecrated? Is the field not consecrated when it is repurchased? In similar fashion, a woman can consecrate her future handiwork, even though the sanctity cannot presently take effect.

מתקיף לה רבי ירמיה: מי דמי? ״שדה זו שאני מוכר לך״⁠ — השתא בידיה היא. אשה, בידה להקדיש מעשה ידיה?! הא לא דמי אלא לאומר לחבירו ״שדה זו שמכרתי לך, לכשאקחנה ממך ⁠— תקדיש״, מי קדשה?

R' Yirmeya objects to this comparison: Are the two cases comparable? When a person says: Let this field that I am selling to you now be consecrated when I buy it back from you, now at least the field is still in his possession, and he can therefore consecrate it now, stipulating that the consecration should take effect only when it returns to his ownership. As for the woman, however, is it currently in her power to consecrate her handiwork? At present it does not belong to her. This case is comparable only to that of one who said to another: With regard to this field that I sold to you in the past, when I will buy it back from you, let it be consecrated. In such a case, is the field consecrated when it is repurchased?

מתקיף לה רב פפא: מי דמי?! גבי זבינא ⁠— פסיקא מילתייהו. גבי אשה מי פסיקא מילתא? הא לא דמי אלא לאומר לחבירו ״שדה זו שמשכנתי לך, לכשאפדנה ממך ⁠— תקדיש״, מי לא קדשה?

Rav Pappa objects to this comparison: Are the cases comparable? In the case of the sale of a field, the matter is clear-cut, i.e., it is evident that the field belongs absolutely to its new owner, the buyer. In contrast, in the case of a woman, is the matter clear-cut? Even though the husband has rights to his wife’s handiwork, he does not own her body. Therefore, this case of a woman is comparable only to that of one person who said to another: With regard to this field that I pledged to you, when I will redeem it back from you, let it be consecrated. Here, the owner retains possession of the field itself, but another person enjoys the right to its fruit. In this case, is the field not consecrated when it is redeemed? Here too, a woman retains ownership of her body and she can consecrate her handiwork, stipulating that the consecration should take effect only after she is divorced.

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.