Nedarim 62

Hook

Ever found yourself wondering if something you thought was off-limits is actually okay? Maybe you’ve seen something abandoned and wondered if you could just... pick it up. Or perhaps you’ve been in a situation where you weren’t sure if you were “allowed” to do something, and it felt like a bit of a gray area. We’ve all been there, right? It’s like standing at a crossroads, not quite sure which path is the right one. Today, we’re going to dive into a fascinating piece of Jewish wisdom that helps us navigate exactly these kinds of tricky situations, particularly when it comes to understanding what belongs to whom and what we’re permitted to do. It’s all about figuring out when something that looks like it’s still owned, might actually be considered fair game.

Context

This teaching comes from the Talmud, a massive collection of Jewish law, ethics, and stories compiled about 1,500 years ago. It's like the ultimate Jewish wisdom compilation, full of discussions and debates that help us understand how to live a good Jewish life.

• Who: The Sages, leading Jewish scholars and teachers.
• When: Roughly 1,500 years ago, when the Talmud was being compiled.
• Where: Ancient Babylonia and the Land of Israel, where Jewish communities thrived.
• Key Term: Ownerless property (Hebrew: hefker). This refers to things that are no longer claimed by any owner and are considered available for anyone to take.

Text Snapshot

Here’s a snippet of what the Sages discussed, which really gets to the heart of our topic:

“The Sages taught: If most of the knives have been set aside, the figs left in the field are permitted with regard to the laws of stealing and are exempt from tithes, since their owners presumably do not want them and the figs are therefore considered ownerless property.” (Nedarim 62a)

Later, Rabbi Yehuda HaNasi and Rabbi Yosei bar Rabbi Yehuda encountered a situation where "most of the knives had been set aside." Rabbi Yehuda HaNasi ate the figs, but Rabbi Yosei bar Rabbi Yehuda did not. When the owner of the field asked why they weren't eating, saying, "It is now the period when most of the knives have been set aside," Rabbi Yosei bar Rabbi Yehuda still hesitated, thinking the owner might not have truly meant to declare his figs ownerless. This shows that even with a clear sign, there can be nuances!

Close Reading

This teaching from Nedarim 62a is surprisingly practical, even if it sounds a bit old-fashioned at first glance. It gives us a framework for understanding how to determine if something is truly available for us to use, or if it’s still considered someone else’s property. Let’s break down a couple of key insights:

### The Power of the "Most of the Knives" Rule

The central idea here is this phrase: "most of the knives have been set aside." What does this even mean? In the context of harvesting figs, "knives" (or perhaps more accurately, tools for harvesting and processing) would be put away once the main harvest was complete. Imagine a farmer harvesting figs. They’d use their tools to pick the figs, sort them, and prepare them. Once the bulk of the work is done, and most of the tools are put away, it signals that the farmer is pretty much finished with that particular crop for the season.

The Sages are saying that when this happens, the figs left behind are likely no longer considered valuable or actively owned by the farmer. They’re not saying the farmer intentionally abandoned them, but rather, the circumstances strongly suggest it. It’s a practical way to gauge intent. Think about it: if you’ve put away all your gardening tools for the year, and there are a few stray tomatoes still on the vine, you’re probably not going back for them. The Sages are applying this logic to Jewish law.

### Permitted Regarding Stealing and Exempt from Tithes

This rule has two important consequences:

1. Permitted with regard to stealing: If the figs are considered ownerless, then taking them isn't considered stealing. Stealing, in Jewish law, involves taking something that rightfully belongs to another person. If something has effectively been relinquished by its owner, then taking it falls into a different category. It’s like finding a coin on the street that no one is looking for – in many contexts, picking it up isn't considered theft. The Sages are giving us a practical signal to determine when this might be the case.

2. Exempt from tithes: In ancient Israel, a portion of agricultural produce was given as a tithe to the Levites (temple workers) and the poor. This was a way of sharing the bounty and supporting those who dedicated their lives to the Temple and community. However, this requirement applied to produce that was properly owned and harvested. If the figs are considered hefker (ownerless), they are not subject to the laws of tithing. This makes sense: you can’t give a tithe from something that isn’t considered yours to begin with.

### The Nuance of Rabbi Yosei bar Rabbi Yehuda

The story with Rabbi Yehuda HaNasi and Rabbi Yosei bar Rabbi Yehuda is crucial. It highlights that even when the "most of the knives" rule is met, there can still be room for interpretation or a more cautious approach. Rabbi Yosei bar Rabbi Yehuda didn’t eat. Why? Because he suspected the owner’s comment might have been polite rather than a genuine declaration of ownerless property. He was worried the owner might just be saying that out of embarrassment, not truly meaning to give away his figs.

This teaches us a valuable lesson: while Jewish law often provides clear guidelines, human interaction can be complex. Sometimes, even when a rule suggests something is permissible, it’s good to be mindful of the potential for misunderstanding or the feelings of others. It's a reminder that the spirit of the law, which emphasizes fairness and consideration, is just as important as the letter of the law. This is why sometimes, even when something could be considered ownerless, a more scrupulous approach might be taken if there’s any doubt about the owner’s true intention. It’s like the difference between finding a lost item and someone explicitly saying, "Please, take this, I don't need it anymore."

### The "Crown of Torah" and Its Use

The latter part of the text shifts to a related, but distinct, concept: the "crown of Torah." This refers to the honor and prestige that comes with deep Torah knowledge and observance. The Sages strongly caution against using this "crown" for personal gain or glory. Rabbi Tarfon’s regret after being saved from being thrown into the river because he was a great scholar, and Rabba bar bar Chana’s statement that "Whoever makes use of the crown of Torah is uprooted from the world," are powerful warnings.

This isn't about literally stealing figs. It's about the motivation behind our actions, especially when we engage with sacred knowledge. If we study Torah just to be called "Rabbi" or to gain status, rather than out of love for God and the pursuit of wisdom itself, it can have negative consequences. The idea is that Torah is meant to be a source of life and connection, not a tool for self-advancement. The "crown" is a gift and a responsibility, not a means to an end. This part of the discussion, while seemingly unrelated to figs, underscores a core Jewish value: purity of intention, especially in matters of faith and learning.

Apply It

This week, let’s practice a tiny bit of mindful observation. For 60 seconds each day, when you’re out and about (even just looking out a window), take a moment to notice things that seem “left behind” or not actively in use. It could be a single glove on a park bench, a forgotten item in a public space, or even a few leaves left on a tree after most have fallen.

Don't do anything with them! Just observe them and think for that minute: "Does this seem like it’s still actively owned and cared for, or does it look like it might be ownerless?" This simple practice will help you start tuning into the subtle cues that the Sages are discussing, about discerning when something might be considered available.

Chevruta Mini

Let's imagine you're having a conversation with a friend about this teaching. Here are a couple of questions to get you thinking:

1. The Sages used "most of the knives have been set aside" as a signal for figs being ownerless. Can you think of other everyday situations where a similar kind of "signal" might indicate that something is no longer actively needed or wanted by its owner?
2. The text contrasts the idea of ownerless figs with the "crown of Torah." What do you think the connection is between being careful about not taking what isn't yours, and being careful about how you use the knowledge and honor that comes from learning?

Takeaway

Jewish tradition teaches us to be discerning about what we take, always considering if something is truly available or still belongs to another.