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Week 69 - Friday - 23 March 2001

NEDARIM: CHAPTER 5: MISHNAH 2

If someone from the street was prohibited by vow from deriving benefit from one of them, he may not enter the courtyard. Rabbi Eliezer ben Ya'akov says, He can say to him, "I enter into that of your fellow, and I do not enter into that of yours."

Kehati

We learned in the previous mishnah the disagreement between the Sages and Rabbi Eliezer ben Ya'akov concerning partners who were prohibited by vow from deriving benefit from each other, and when one of them was prohibited by a vow from deriving benefit from the other: the Sages hold that each of the partners benefits form that of his fellow when he enters the jointly-owned courtyard; Rabbi Eliezer ben Ya'akov, holds that each of them derives benefit only from his own. This mishnah adds, that they also disagree about a third person who is prohibited by vow from deriving benefit from one of the partners in the courtyard.

If someone from the street -- a third party, was prohibited by vow from deriving benefit from one of them -- of the partners, he -- the one prohibited by a vow from deriving benefit, may not enter the -- jointly-owned -- courtyard -- even if he needs, or is needed by, the partners who did not prohibit him by a vow, for when he enters into the courtyard, he derives benefit from access to the share of that partner whose benefit is prohibited to him by vow.

Rabbi Eliezer ben Ya'akov says -- the one prohibited by a vow is permitted to enter the courtyard, for -- He can say to him -- to the one who prohibited him by a vow from deriving benefit, "I enter into that of your fellow, and I do not enter into that of yours" -- even in such a case, Rabbi Eliezer ben Ya'akov holds that when he enters the courtyard he derives benefit only from the share of the partner from whom benefit is not prohibited to him by a vow. According to Rashba, Rabbi Eliezer ben Ya'akov permits him to enter only for the needs of the partner from whom benefit is not prohibited to him by vow.

NEDARIM: CHAPTER 5: MISHNAH 3

If one is prohibited by vow from deriving benefit from his fellow, and he has a bathhouse and an olive-press leased in the city -- if he has rights in them, he is prohibited; if he has no rights in them, he is permitted. If one says to his fellow, "Konam if I enter your house," "if I purchase your field," if he died or he sold it to another -- he is permitted. "Konam if I enter this house," "if I purchase this field," if he died or he sold it to another -- he is prohibited.

Kehati

After having learned in the previous mishnah that one prohibited by vow from deriving benefit from his fellow regarding a courtyard in which his fellow is a partner, this mishnah teaches the law of one prohibited by vow from deriving benefit from his fellow regarding property which his fellow leased, or sold, or bequeathed, as will be explained.

If one -- A -- is prohibited by vow from deriving benefit from his fellow -- B, and he -- B, has a bathhouse and -- or -- an olive-press -- in which olives are crushed, in order to extract their oil, leased in the city -- which he leased to C, before he prohibited A by vow from deriving benefit from him (see Tosefot Yom Tov; Tiferet Yisrael), if he -- B, has rights in them -- the bathhouse or the olive-press, besides the fixed rent e.g., he retained a part which he did not lease, or he receives a percentage of the profits (Tiferet Yisrael), he -- A, is prohibited -- from deriving benefit from them; since B has rights in them, it is considered as his;

If he has no rights in them -- B has leased them out completely, he -- A, is permitted -- to derive benefit from them, even though they are B's property; since he hired them out to C, and he has no rights in them, he does not derive benefits from that of B, but rather from that of C.

If one says to his fellow, "Konam if I enter your house," "if I purchase your field" -- he prohibited himself by vow from entering the house of his fellow, or he prohibited himself by vow from purchasing his field, if he -- his fellow, died -- and his property came into the possession of his heirs, or he -- his fellow, sold it -- his house or his field, to another -- he -- the one prohibited by a vow from deriving benefit, is permitted -- to enter the house, or to purchase the field from the heirs or from the purchaser; since he said in his vow, "your house" or "your field," he only intended to prohibit them to himself while they belonged to his fellow.

But if he said, "Konam if I enter this house," or -- "Konam -- if I purchase this field" -- he said, "this house" or "this field," if he -- the owner of the house or the owner of the field, died or he sold it -- the house or the field, to another, he -- the one prevented by vow from deriving benefit, is prohibited -- from entering the house or from purchasing the field, for with this wording of the vow he prohibited the house or the field to himself forever, even when they are transferred to another person.

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