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Babylonian Talmud: Tractate NedarimFolio 46aAND BOTH ARE FORBIDDEN TO SET UP A MILL-STONE OR AN OVEN OR BREED FOWLS THEREIN.1 IF [ONLY] ONE WAS FORBIDDEN BY VOW TO BENEFIT FROM THE OTHER, HE MAY NOT ENTER THE COURT. R. ELIEZER B. JACOB SAID: HE CAN MAINTAIN, 'I AM ENTERING INTO MY OWN, NOT INTO YOURS.' HE WHO THUS VOWED IS FORCED TO SELL HIS SHARE [OF THE COURT].2 IF A MAN FROM THE STREET WAS FORBIDDEN BY VOW TO BENEFIT FROM ONE OF THEM, HE MAY NOT ENTER THE COURT. R. ELIEZER B. JACOB SAID: HE CAN MAINTAIN, 'I ENTER YOUR NEIGHBOUR'S PORTION, AND I DO NOT ENTER INTO YOURS. IF ONE IS FORBIDDEN BY VOW TO BENEFIT FROM HIS NEIGHBOUR, AND THE LATTER POSSESSES A BATH-HOUSE OR AN OLIVE PRESS LEASED TO SOMEONE IN THE TOWN, AND HE HAS AN INTEREST THEREIN, HE [THE MUDDAR] IS FORBIDDEN [TO MAKE USE OF THEM]; IF NOT, HE IS PERMITTED. IF A MAN SAYS TO HIS NEIGHBOUR, 'KONAM, IF I ENTER YOUR HOUSE', OR 'IF I PURCHASE YOUR FIELD,' AND THEN [THE OWNER] DIES OR SELLS IT TO ANOTHER, HE IS PERMITTED [TO ENTER OR BUY IT]; [BUT IF HE SAYS.] 'KONAM, IF I ENTER THIS HOUSE, OR 'IF I PURCHASE THIS FIELD,' AND [THE OWNER] DIES OR SELLS IT TO ANOTHER, HE IS FORBIDDEN.
GEMARA. The scholars propounded: They differ when they interdicted themselves by vow. But what if each imposed a vow upon the other? Do we say, they differ [only] in the former case, but that in the latter the Rabbis agree with R. Eliezer b. Jacob, since they are involuntarily prohibited;3 or perhaps the Rabbis dispute even in the latter case?4 Come and hear: IF [ONLY] ONE WAS FORBIDDEN BY VOW5 TO BENEFIT FROM THE OTHER … and the Rabbis dispute it! — Learn, forbade himself from his neighbour.6 This is logical too, for the second clause states: NOW, HE WHO THUS VOWED IS FORCED TO SELL HIS SHARE OF THE COURT. Now, this is reasonable if the vow was self-imposed: hence he is compelled. But if you say that a vow was imposed against him, why is he compelled. Seeing that the position is not of his making?7 Rabbah said in Ze'iri's name:
Nedarim 46bThe dispute is only if it [the court] is large enough to be divided; but if not, all agree that they are permitted.1 Said R. Joseph to him: But what of a synagogue which is as a thing which cannot be divided,2 yet we learnt, Both are forbidden [the use of] the [common] property of the town?3 — But, said R. Joseph in Ze'iri's name, The controversy is only when it is not [large] enough to divide;4 but if it is, all agree that both are forbidden. R. Huna said: The halachah is as R. Eliezer b. Jacob; and R. Eleazar said likewise: The halachah is as R. Eliezer b. Jacob.IF ONE IS FORBIDDEN BY VOW TO BENEFIT FROM HIS NEIGHBOUR, AND THE LATTER POSSESSES A BATH-HOUSE etc. How much is meant by AN INTEREST THEREIN? — R. Nahman said: A half, third, or a quarter, but not less.5 Abaye said, Even for less, he is forbidden. Under what conditions is he permitted? If he [the lessee] rents it in return for [the payment of] the land-tax.6 - To Next Folio -
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