26B Nedorim 45B-91B

NEDORIM – 45b-91b 26b The Soncino Babylonian Talmud NNEEDDAARRIIMM Book II Folios 45b-91b CHAPTERS V-XI TRANSLATED INTO ENGLISH WITH NOTES B Y R A B B I D R . H. FREEDMAN, B.A., Ph.D. UNDER THE EDITORSHIP OF R A B B I D R I. EPSTEIN B.A., Ph.D., D. Lit. Reformatted by Reuven Brauner, Raanana 5772 www.613etc.com 1 NEDORIM – 45b-91b THIS FIELD,' AND [THE OWNER] DIES OR SELLS IT TO ANOTHER, HE IS FORBIDDEN. Nedarim 45b GEMARA . The scholars propounded: They CHAPTER V differ when they interdicted themselves by vow. But what if each imposed a vow upon the MISHNAH . IF [TWO] JOINT OWNERS MADE A other? Do we say, they differ [only] in the VOW NOT TO BENEFIT FROM ONE former case, but that in the latter the Rabbis ANOTHER, THEY MAY NOT ENTER THE agree with R. Eliezer b. Jacob, since they are COURTYARD. 1 R. ELIEZER B. JACOB SAID: involuntarily prohibited; 3 or perhaps the EACH ENTERS INTO HIS OWN. 2 Rabbis dispute even in the latter case? 4 Come and hear: IF [ONLY] ONE WAS 1. Which belongs to both. FORBIDDEN BY VOW5 TO BENEFIT 2. He maintains that it is as though it had been FROM THE OTHER … and the Rabbis stipulated when jointly acquiring the property, dispute it! — Learn, forbade himself from his that it should belong to each partner separately 6 for his entering therein. Consequently, when he neighbor. This is logical too, for the second enters, he is not benefiting from the other. The clause states: NOW, HE WHO THUS Sages do not accept this view. VOWED IS FORCED TO SELL HIS SHARE OF THE COURT. Now, this is reasonable if Nedarim 46a the vow was self-imposed: hence he is compelled. But if you say that a vow was AND BOTH ARE FORBIDDEN TO SET UP A imposed against him, why is he compelled. MILL-STONE OR AN OVEN OR BREED FOWLS Seeing that the position is not of his making? 7 THEREIN. 1 IF [ONLY] ONE WAS FORBIDDEN BY VOW TO BENEFIT FROM THE OTHER, HE Rabbah said in Ze'iri's name: MAY NOT ENTER THE COURT. R. ELIEZER B. JACOB SAID: HE CAN MAINTAIN, 'I AM 1. R. Eliezer b. Jacob admits this, for joint owners ENTERING INTO MY OWN, NOT INTO can object to this. Consequently, if they do not, each benefits by the permission of the other. YOURS.' HE WHO THUS VOWED IS FORCED 2. For since he may enter, but not the other (this TO SELL HIS SHARE [OF THE COURT]. 2 IF A being taught on the view of the Sages), the MAN FROM THE STREET WAS FORBIDDEN second, in resentment, might enter none the less BY VOW TO BENEFIT FROM ONE OF THEM, in disregard of the vow. HE MAY NOT ENTER THE COURT. R. 3. For if they voluntarily interdict themselves of all benefit, it may be maintained that each ELIEZER B. JACOB SAID: HE CAN MAINTAIN, thereby renounces also his share, which is 'I ENTER YOUR NEIGHBOR'S PORTION, AND inseparable from his partner's. But when each I DO NOT ENTER INTO YOURS. IF ONE IS forbids the other, it may be argued that neither FORBIDDEN BY VOW TO BENEFIT FROM HIS can prohibit that which the other enjoys in his NEIGHBOR, AND THE LATTER POSSESSES A own right. 4. For the prohibition arises because in their BATH-HOUSE OR AN OLIVE PRESS LEASED opinion it is impossible to distinguish between TO SOMEONE IN THE TOWN, AND HE HAS AN the portions belonging to each. INTEREST THEREIN, HE [THE MUDDAR] IS 5. Muddar is the hofal, and implies that the vow FORBIDDEN [TO MAKE USE OF THEM]; IF was imposed upon him by another. NOT, HE IS PERMITTED. IF A MAN SAYS TO 6. Nadur, passive Kal. implies self-imposed. No emendation is really made in the Mishnah, but HIS NEIGHBOR, 'KONAM, IF I ENTER YOUR the Talmud answers that muddar may be HOUSE', OR 'IF I PURCHASE YOUR FIELD,' synonymous with nadur, self-imposed. AND THEN [THE OWNER] DIES OR SELLS IT 7. Lit., 'surely he is under constraint'. I.e., it is TO ANOTHER, HE IS PERMITTED [TO ENTER equitable to force him to sell, if as a result of his OR BUY IT]; [BUT IF HE SAYS.] 'KONAM, IF I own vow he may come to transgression, but not otherwise. ENTER THIS HOUSE, OR 'IF I PURCHASE 2 NEDORIM – 45b-91b for that purpose, it is not regarded of any consequence.] Nedarim 46b 6. The tax must have been very high if the owner was prepared to forego any possible profit. — Taska was the Persian land tax. (v. Obermeyer. The dispute is only if it [the court] is large p. 221, n. 3), and the Mishnah, which was enough to be divided; but if not, all agree that produced in Palestine, cannot actually refer to they are permitted. 1 Said R. Joseph to him: this tax. Abaye's interpretation must therefore be regarded merely as an illustration. [Aliter: If But what of a synagogue which is as a thing he (the lessee) obtained it on a rental; retaining 2 which cannot be divided, yet we learnt, Both all the profit to himself.] are forbidden [the use of] the [common] property of the town? 3 — But, said R. Joseph Nedarim 47a in Ze'iri's name, The controversy is only when 4 it is not [large] enough to divide; but if it is, IF ONE SAYS TO HIS NEIGHBOR, etc. all agree that both are forbidden. R. Huna Abimi 1 propounded: What [if one says to his said: The Halachah is as R. Eliezer b. Jacob; neighbor.] 'Konam, if you enter this house,' and R. Eleazar said likewise: The Halachah is and then he sells it or dies: Can one prohibit as R. Eliezer b. Jacob. that which he owns [for the prohibition] to be effective even when it leaves his ownership, or IF ONE IS FORBIDDEN BY VOW TO not? — Said Raba, Come and hear: If one says BENEFIT FROM HIS NEIGHBOR, AND to his son, 'Konam that you benefit not from THE LATTER POSSESSES A BATH- me,' and he dies, he is his heir. [But if he HOUSE, etc. How much is meant by AN explicitly stipulates] during his lifetime and he INTEREST THEREIN? — R. Nahman said: dies, he does not succeed him. This proves that 5 A half, third, or a quarter, but not less. Abaye one can prohibit that which he owns [for the said, Even for less, he is forbidden. Under prohibition] to hold good when it leaves his what conditions is he permitted? If he [the ownership. The proof is conclusive. lessee] rents it in return for [the payment of] 6 the land-tax. We learnt elsewhere: [If one says.] 'Konam be these fruits to me,' or, 'Be they Konam for my 1. The smallest area of a court to be of any use as such is four square cubits. Now, only if it mouth,' or, 'Be they Konam to my mouth': he contains at least eight square cubits do the is forbidden [to benefit] from what has been Rabbis maintain that each is forbidden to enter, exchanged for them or grown from them. 2 since it is possible for them to divide, and yet Rami b. Hama propounded. If he vows, each portion shall be large enough itself for a 'Konam be these fruits to So-and-so', what of court; for then it cannot be said that when they purchased it jointly, each was entitled to the their exchange? Do we say, With respect to whole of it, as explained on p. 142, n. 2. But a oneself, since he can forbid to himself [even] lesser area cannot be divided, and therefore the his neighbor's property, he can [likewise] original condition of purchase must have been forbid to himself what is not yet in existence; 3 that the whole belongs to each. but as for his neighbor, since one cannot 2. Since its essential use is joint worship, and should it be divided, it ceases to be a synagogue. prohibit another's produce to his neighbor, he 3. Infra 48a. likewise cannot prohibit what is non-existent; 4. Yet even then the Rabbis maintain that each is forbidden to enter. 1. Var. lec .: Abaye. 5. Less than a quarter is regarded as negligible. 2. Infra 57a. And the muddar is not forbidden to use it on its 3. What may be given for the produce subsequent account. [Var. lec., 'but for eggs it is permitted'. to the vow is regarded as non-existent when the [H] for [H], the reference being to the egg- vow is made. shaped forms of clay which are placed in the oven of the bath-house for drying. If his interest Nedarim 47b consists in the use he makes of the bath-house 3 NEDORIM – 45b-91b or perhaps since what is taken in exchange is Ezra and Nehemiah, who declared certain the same as what grows from its seed, there is things inalienable property which can be deemed ownerless. no difference between oneself and his 7. In which each citizen has a share. neighbor?1 — Said R. Aha b. Manyumi, Come and hear: If a man says to his wife, 'Konam, if Nedarim48a I benefit thee,' she may borrow [money], and the creditors come and exact it from him. Why NOW, WHAT ARE THE THINGS THAT can the creditors collect it [from him]: surely BELONG TO THEM THAT CAME UP FROM because what is taken in exchange is not the BABYLON? E.G., THE TEMPLE MOUNT, THE same as what grows from them? 2 Said Raba, COURTS OF THE TEMPLE AND THE WELL possibly it is forbidden [to make an exchange] ON THE MIDROAD.

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