A vow requires speech — mental intent is insufficient. This derives from the verse 'what leaves your lips,' emphasizing verbal expression as the activating mechanism.
Question 2
When a person says 'This produce is like cherem for me' without specifying which type of cherem, how is the vow resolved?
Rambam rules that for ambiguous vow-anchors, we investigate what the person actually had in mind. The vow follows that intent, even if it leads to leniency.
Question 3
Is it valid to declare property ownerless only for the poor, not the rich?
True hefker requires universal availability. Declaring property ownerless only for the poor makes it a conditional gift — which transfers only through a formal act of acquisition, not automatic possession.
Question 4
If a person declares a field ownerless for one year and no one claims it, what happens at year's end?
Time-limited hefker reverts to the original owner at the stipulated end date, if it was not acquired by someone else in the interim.
Question 5
Does merely watching over ownerless property to prevent others from taking it constitute acquisition?
Acquisition of hefker property requires an active physical act of possession (e.g., pulling, lifting, entering a field). Passive watching — even strategic — confers no ownership.