Torah Community Connections

Week 69 - Tuesday - 20 March 2001

NEDARIM: CHAPTER 4: MISHNAH 4

If one is prohibited by vow from deriving benefit from his fellow, and goes in to visit him, he stands, but he may not sit. And he may heal him, himself but not his property. And he may bathe with him in a large tub, but not in a small one. And he may sleep with him in a bed. Rabbi Yehudah says, During the summer, but not during the rainy season, since he causes him benefit. And he may recline with him on the bed, and he may eat with him at the table, but not from the plate; but he may eat with him from the plate which goes back. He may not eat with him from the food-bowl before the workmen, and he may not work with him in the furrow; the words of Rabbi Meir. But the Sages say, He works at a distance from him.

Kehati

If one -- A, is prohibited by vow from deriving benefit from his fellow -- B, and A falls ill, and -- B -- goes in to visit him -- to perform the mitzvah of visiting the sick, he -- B -- stands -- during the visit, and may stay with A only a short period of time, but he may not sit -- the Gemara explains that this refers to localities where it was customary to pay a person who sat with the sick, and if B sits with A and does not take payment, he provides him with benefit which is prohibited to him; but he is permitted to stand, because this constitutes only the performance of the mitzvah of visiting the sick. According to another opinion, even in places where it is not customary to make payment for sitting with a sick person, "he stands, but he may not sit"; this regulation was introduced because of the possibility that he would stay with him longer than is required to fulfill the mitzvah of visiting the sick, and as a result would benefit him.

And he may heal him, himself -- i.e., treat him personally, for one is obligated to heal his fellow, as it is written, "and you shall restore it to him" (Deut. 22:2), including restoring the loss of his body; and even if there is another doctor, B is permitted to heal A, because a person cannot be cured by everyone, but not his property -- i.e., healing his animal (Gemara), for if A's animal fell, B is prohibited from healing it, because this provides benefit for A.

And he may bathe with him in a large tub, but not in a small one -- since in a small pool B provides benefit for A, by causing the water to rise, And he may sleep with him in a bed -- which does not belong to B. Rabbi Yehudah says, During the summer -- B is permitted to sleep with A in the same bed, but not during the rainy season, since he causes him benefit -- for he makes it warmer.

And he may recline with him on the bed -- even during the rainy season, and we do not fear that he will fall asleep with him, and he may eat with him at the table -- and we do not fear that A will eat from that of B, but not from the plate -- B is forbidden to eat with A from the large plate which is shared by all the diners, since he might leave the best portion for him;

But he may eat with him from the plate which goes back -- the Gemara explains, "from the plate which goes back to the host," i.e., from the plate which contains a large quantity of food, and each person eats his fill from it, and food is left over which goes back to the host; in such a case, we do not fear that B will provide benefit to A.

He -- B -- may not eat with him -- A -- from the food-bowl before the workmen -- it was customary to give food to workmen in a large, long bowl resembling a trough; even from such a bowl he may not eat with him, for if one eats a small amount, the portion of his fellow is larger, resulting in B providing A with benefit; and he may not work with him in the furrow -- B may not hoe together with A in the same furrow, since he loosens the soil, thereby aiding him in his work and providing him with benefit. According to another interpretation: "and he may not work with him in the furrow" -- he may not harvest with him in one row, for he makes his work easier for him when he makes room for him, thereby providing him with benefit (Rambam); the words of Rabbi Meir -- who holds that he is prohibited from working with him in the same row, even at a distance lest he work with him also in close proximity.

But the Sages say, He works at a distance from him -- and they do not prohibit working at a distance for fear that he is liable to work in close proximity as well.

NEDARIM: CHAPTER 4: MISHNAH 5

If one prohibited by vow from deriving benefit from his fellow prior to the Sabbatical year, he may not go down into his field, and he may not eat form the overhanging; and in the Sabbatical year -- he may not go down into his field, but he may eat form the overhanging. If one is prohibited by vow from eating from his before the Sabbatical year, he may go down into his field, but he may not eat from the produce. And during the Sabbatical year -- he may go down and he may eat.

Kehati

It is written in the Torah, "But in the seventh year you shall let it rest and lie fallow, that the poor of your people may eat; and what they leave the beast of the field shall eat. In like manner you shall deal with your vineyard, and with your oliveyard" (Ex. 23:11). It follows from this that the produce of the Sabbatical year is hefker (ownerless), and everyone may enter the field and vineyard of his fellow, in order to eat of the produce. This mishnah teaches the law concerning on who prohibited himself by a vow from deriving benefit from his fellow during the sabbatical year.

if one is prohibited by vow from deriving benefit from his fellow prior to Sabbatical year -- e.g., B prohibited A by a vow before the Sabbatical year from deriving benefit from him, he may not go down into his field -- A is forbidden from entering the field of B, during the shemitah year since access to his property is prohibited to him, as was taught in mishnah 1 of this chapter, above, and he may not eat from the overhanging -- similarly, A is prohibited from eating of the produce which hangs outside the filed of B, even during the shemitah year, since "a person may prohibit an object in his possession even after it leaves his possession" (Gemara); and -- but if B prohibited A with a vow --

In the Sabbatical year, he may not go down into his field -- A is prohibited from entering the field of B, in order to eat there the hefker produce lest he remain in the field not for the purpose of eating the produce, and as a result he derives benefit from access to the land of his fellow, and the Torah declared the lands ownerless only for the purpose of eating their produce, but he -- A -- may eat from the overhanging -- from the produce which hangs outside the field of B, since B prohibited him with a vow during the shemitah, and the produce of the shemitah is hefker, and not in his possession; he therefore cannot prohibit them to him.

If one is prohibited by vow from eating from his before the Sabbatical year -- A took a vow before the shemitah prohibiting himself from deriving food related benefit from B (see mishnah 1 in this chapter, above), he -- the food related benefit of his fellow's food is permitted access, as was explained in mishnah 1, above, but he may not eat from the produce -- for he is prohibited from food related benefit from B; and even when the shemitah began, he is prohibited from eating his produce, as was explained above. And -- but if A took a vow --

During the Sabbatical year -- not to benefit from the food of B, he -- A -- may go down -- into the field of B, and he may eat -- of the produce within it, since this produce does not belong to B, but rather is hefker.

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