Commentary for Nedarim 88:5

אמר לך כי אמרי אנא לר' יוסי הא רבנן היא

But on the view of Resh Lakish, why is he free from tithe?<span class="x" onmousemove="('comment',' Since he maintains that within the first three days it is not hefker even by Biblical law, and hence subject to tithes, and even after that it is hefker only by Rabbinical law, why is it taught here that on the very next day it is free from tithe? ');">⁹</span> — He answers you thus: My statement is based on R. Jose; whilst this accords with the Rabbis.<span class="x" onmousemove="('comment',' Who maintain in the Mishnah that it is hefker immediately, hence free from tithe. ');">¹⁰</span>

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