Torah Community Connections

Week 69 - Shabbat - 24 March 2001

NEDARIM: CHAPTER 5: MISHNAH 4

"May I be to you herem" -- the person prohibited by the vow is forbidden. "You are to me herem" -- the one taking the vow is prohibited. "May I be to you and you to me" -- both are forbidden. And both are permitted anything of the pilgrims from Babylon, and are prohibited anything of that city.

Kehati

This mishnah mainly teaches the law of public property for those people who are prohibited by a vow from deriving benefit from each other. Two types of such property are mentioned in the mishnah: 1) property shared by the public, i.e., public property in every city, such as a synagogue, a bathhouse, etc., of which each individual in this city is regarded as a partner; 2) property shared equally by all Jews, and which does not belong only to the residents of a specific place, but rather to all the Jewish people, of which not every Jew is regarded as being a partner -- rather it is hefker -- ownerless -- and may be used by all Israel, forever, e.g., the Temple Mount and the Temple, to which every Jew has the right of access on the Festivals. Included in these properties are the wells for drinking water built by the returnees during the time of Ezra for use by the pilgrims from Babylon to Eretz Yisrael on the Festivals, hence the name given them in this mishnah, "anything of the returnees from Babylon."

In the wake of the main part of the last section of the mishnah, this mishnah begins with the formulations with which people make a vow prohibiting themselves from deriving from each other.

If a person says to his fellow, "May I be to you herem" -- i.e., deriving benefit from him be prohibited to his fellow as a herem consecrated for Temple maintenance, the person prohibited by the vow is forbidden -- from deriving benefit from him, for one can prohibit his fellow from deriving benefit from him. And if one said to his fellow, "You are to me herem" -- he prohibited himself from deriving benefit from that of his fellow as a herem, the one taking the vow is prohibited -- from deriving benefit from his fellow.

And if one says, "May I be to you and you to me" -- he took a vow that any benefit from him is prohibited to his fellow, and any benefit from his fellow is prohibited to him, as a herem, both are prohibited -- from deriving benefit from each other.

And both -- these two who prohibited each other by vow from deriving benefit from each other, are permitted anything of the pilgrims from Babylon -- for it is not defined as jointly owned property, and are prohibited anything of that city -- in which they live, since all residents of the city are partners in it, and they are considered partners who prohibited by vow benefit from each other, as was explained above.

NEDARIM: CHAPTER 5: MISHNAH 5

And what belongs to the returnees from Babylon? For instance, the Temple Mount and the courtyards, and the well that is midway on the road. And what belongs to the city? For instance, the square, the bathhouse, the synagogue, the Ark, and the books. And one who assigns his share to the Nasi. Rabbi Yehudah says, One who assigns to the Nasi, and one assigns to an ordinary person. What is the difference between one who assigns to the Nasi and one who assigns to an ordinary person? One who assigns to the Nasi does not have to grant title. But the Sages say, This one and this one must grant title; they spoke of the Nasi only because of the current reality. Rabbi Yehudah says, The people of Galilee are not obligated to assign, for their fathers had already assigned for them.

Kehati

This mishnah is a continuation of the preceding mishnah, and explains which objects are those of pilgrims from Babylon, and which are those of the city.

And what belongs to the returnees from Babylon -- that is permitted to those who are prohibited by a vow from deriving benefit from each other? For instance, the Temple Mount -- Mount Moriah, upon which the Temple was built, and the courtyards -- of the Temple, and the well that is midway on the road -- which was built for the pilgrims who went up for the Festivals, as was explained in the introduction to the previous mishnah, above.

And what belongs to the city -- which is prohibited to those who are prohibited by a vow from deriving benefit from each other? For instance, the -- marketplace -- square, the bathhouse, the synagogue, the Ark -- in which the Torah scrolls are placed, and the books -- which were purchased by the people of the city for study.

And he writes his share to the Nasi -- the Gemara explains, what steps can be taken by those who are forbidden by vow from deriving benefit from each other, to enable them to derive benefit from items belonging to the city? Each one "writes his share to the Nasi," i.e., he writes a document granting his share in the city property to the Nasi, following which each of them may use it, since they are using the property of the Nasi and are not deriving benefit from each other.

Rabbi Yehudah says, Whether one writes to the Nasi, or one writes to an ordinary person -- whether he grants his share to the Nasi or to a private citizen, he is permitted the use of a city object. What is the difference between one who writes to the Nasi and one who writes to an ordinary person -- for the Sages had said, "And he writes his share to the Nasi?" One who writes to the Nasi does not have to grant title -- if a person grants his share to a private citizen, the recipient only attains his share if he makes a formal act of acquisition, or another acquires the title on his behalf; but if a person grants his share to the Nasi, he does not have to transfer it to him by another person, because due to the importance of the Nasi, the Sages authorized him to take possession without an act of acquisition.

But the Sages say, This one and this one must grant title -- whether he grants his share to a private citizen or to the Nasi, he must grant them title, for the Nasi also must make an act of acquisition. And why did the first Sages say "and he writes to the Nasi?" they spoke of the Nasi because of the current reality -- current practice, for it was common practice to grant their share to the Nasi, in order to honour him.

Rabbi Yehudah says, The people of Galilee are not obligated to assign -- their share to the Nasi, for their fathers had already assigned for them -- the city things to the Nasi on their behalf. The Gemara explains that the people of the Galilee were quarrelsome, and were accustomed to prohibit by a vow deriving benefit one from the other. Their forefathers accordingly granted their shares to the Nasi, so that if their descendants would later prohibit by a vow their deriving benefit one from the other, they would not be prohibited from using the city square or the Ark or the books, etc., for they now belong to the Nasi.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives