## Nedarim Daf 44a

###### Nedarim 44a:1
[Nedarim 44a:1](https://torahapp.org/share/book/Nedarim/r/44a:1)

אָמַר ״תְּהֵא שָׂדֶה זוֹ מוּפְקֶרֶת לְיוֹם אֶחָד״, ״לְשַׁבָּת אַחַת״, ״לְחֹדֶשׁ אֶחָד״, ״לְשָׁנָה אַחַת״, ״לְשָׁבוּעַ אֶחָת״ — עַד שֶׁלֹּא זָכָה בָּהּ, בֵּין הוּא בֵּין אַחֵר יָכוֹל לַחֲזוֹר בּוֹ. מִשֶּׁזָּכָה בָּהּ — בֵּין הוּא בֵּין אַחֵר, אֵין יָכוֹל לַחֲזוֹר בּוֹ. רֵישָׁא רַבָּנַן, סֵיפָא רַבִּי יוֹסֵי!

**William Davidson Edition - English:**
If **one said: This field will be ownerless for one day, for one week, for one month, for one year,** or **for one** seven-year Sabbatical cycle, **as long as no one took possession of** the field, **neither** the one who declared it ownerless **nor another** person, **he is able to retract** his declaration. **Once one took possession** of the field, **whether** it is **he** or **whether** it is **another** person, **he is unable to retract** his declaration. This *baraita* is difficult, as **the first clause** is apparently in accordance with the opinion of **the Rabbis,** who hold that rendering property ownerless is unilateral and not contingent upon whether one took possession of it, and **the latter clause** is in accordance with the opinion of **Rabbi Yosei,** who holds that rendering property ownerless is complete only when one takes possession of that property.


###### Nedarim 44a:2
[Nedarim 44a:2](https://torahapp.org/share/book/Nedarim/r/44a:2)

אָמַר עוּלָּא: סֵיפָא נָמֵי רַבָּנַן הִיא. אִי הָכִי, אַמַּאי עַד שֶׁלֹּא זָכָה בָּהּ בֵּין הוּא בֵּין אַחֵר, יָכוֹל לַחֲזוֹר בּוֹ? שָׁאנֵי שָׁנָה וְשָׁבוּעַ דְּלָא שְׁכִיחִי.

**William Davidson Edition - English:**
**Ulla said: The latter clause is also** in accordance with the opinion of **the Rabbis.** The Gemara asks: **If so, why** is the ruling in the *baraita*: **As long as one did not take possession of** the field, **neither** the one who declared it ownerless **nor another** person, **he is able to retract** his declaration; according to the Rabbis, once he declared the property ownerless, although he can take possession of it, he is unable to retract the declaration. The Gemara answers: It **is different** when one declares an item ownerless for **a year or a seven-year** period, **as** doing so is **uncommon.** Since from the outset he limited the duration of ownerless status, clearly he reserved for himself certain rights; therefore, he can retract his declaration.


###### Nedarim 44a:3
[Nedarim 44a:3](https://torahapp.org/share/book/Nedarim/r/44a:3)

רֵישׁ לָקִישׁ אָמַר: מִדְּסֵיפָא רַבִּי יוֹסֵי, רֵישָׁא נָמֵי רַבִּי יוֹסֵי. וְרֵישָׁא, הַיְינוּ טַעְמָא — דְּלָא לִישְׁתַּכַּח תּוֹרַת הֶפְקֵר.

**William Davidson Edition - English:**
**Reish Lakish said: From** the fact **that the latter clause** is in accordance with the opinion of **Rabbi Yosei, the first clause is also** in accordance with the opinion of **Rabbi Yosei. And** in **the first clause, this is the reason** that one cannot retract his declaration once three days have passed: It is an ordinance instituted by the Sages to ensure **that the** halakhic **status of ownerlessness** would **not be forgotten.** If one could retract his declaration of ownerless status after three days, people would not distinguish between a case where another took possession, where, according to Rabbi Yosei, one is unable to retract the declaration, and a case where another did not take possession, where, according to Rabbi Yosei, one is able to retract the declaration. The result would be that people would mistakenly conclude that ownerless status can always be reversed, even after it was claimed by another. Therefore, the Sages instituted a limit of three days, after which one may not retract his declaration.


###### Nedarim 44a:4
[Nedarim 44a:4](https://torahapp.org/share/book/Nedarim/r/44a:4)

אִי הָכִי, אֲפִילּוּ מִיּוֹם הָרִאשׁוֹן נָמֵי לֶיהֱוֵי הֶפְקֵר! אָמַר רַבָּה: מִפְּנֵי הָרַמָּאִין, דְּמַפְקִירִין וְהָדְרִין בְּהוֹן.

**William Davidson Edition - English:**
The Gemara asks: **If so,** then **let** the Sages institute that the item **is** considered **ownerless even from the first day as well** and that he cannot retract his declaration at all. **Rabba said:** The reason that the Sages did not render the item ownerless from the first day **is due to the swindlers, who declare** the field **ownerless** in order to render the produce of the field exempt from the requirement of tithing, **and** then **retract** that declaration and immediately reclaim the field. Therefore, the Sages instituted that ownerless status takes effect only after three days.


###### Nedarim 44a:5
[Nedarim 44a:5](https://torahapp.org/share/book/Nedarim/r/44a:5)

אֲבָל דְּאוֹרָיְיתָא לָא הָוֵי הֶפְקֵר?

**William Davidson Edition - English:**
The Gemara asks: The Sages instituted that one cannot retract his declaration of ownerless status once three days have passed. **However, by Torah law, isn’t** the item **ownerless** according to Rabbi Yosei, regardless of when he retracted his declaration as long as no other person acquired it?