Soncino English Talmud
Nedarim
Daf 35a
He objected: If A says to B, 'Lend me your cow,' and B replies, 'Konam be [this] cow if I possess [another] for you,' or, my property be forbidden you if I possess any cow but this': [or,] 'Lend me your spade,' and he replies, 'This spade be forbidden me if I possess [another];' or 'my property be forbidden me, if I possess any spade but this', and it is discovered that he possesses [another]. During his, [B's] lifetime it is forbidden [him]; but if he dies, or it is given to him, it is permitted? — Said R. Aha son of R. Ika: That is if it was given to him through another. R. Ashi said: This may be proved too, for it is stated, 'it is given to him,' not 'he gives it to him.' Raba asked R. Nahman: Does the law of trespass apply to Konamoth? — He replied, We have learnt this: WHERE PAYMENT IS TAKEN FOR THIS, THE BENEFIT MUST ACCRUE TO HEKDESH. This teaches that it is as hekdesh: just as the law of trespass applies to hekdesh, so it applies to Konamoth. This is dependent on Tannaim: If one Says, 'Konam, this loaf is hekdesh,' then whosoever eats it, whether he or his neighbour, commits trespass; therefore the law of redemption applies to it. [But if he says,] 'This loaf is hekdesh to me'; [by eating it] he commits trespass; but his neighbour does not commit a trespass; therefore the law of redemption does not apply: this is the view of R. Meir. But the Sages maintain: In both cases no trespass is involved, because the law of trespass does not apply to Konamoth. R. Aha son of R. Avi asked R. Ashi: [If A says to B,] 'My loaf be forbidden to you,' and then makes a gift of it to him, who is liable for trespass? Shall the giver incur it but it is not forbidden to him? Is the receiver to incur it — but he can say, 'I desired to accept what is permitted, not what is forbidden?' — He replied: The receiver incurs the liability when he uses it, for whoever converts money of hekdesh into hullin, thinks that it is hullin, yet he is involved in trespass; so this one too is liable for trespass.
Sefaria
Mesoret HaShas