Commentary for Nedarim 5:2
הָיָה אֶחָד מִן הַשּׁוּק מֻדָּר מֵאֶחָד מֵהֶם הֲנָאָה, לֹא יִכָּנֵס לֶחָצֵר. רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, יָכוֹל הוּא לוֹמַר לוֹ, לְתוֹךְ שֶׁל חֲבֵרְךָ אֲנִי נִכְנָס, וְאֵינִי נִכְנָס לְתוֹךְ שֶׁלָּךְ:
If one "from the marketplace" were bevowed benefit from one of them, he may not enter the courtyard. R. Eliezer b. Yaakov says: He may say to him: "I am entering what is my friend's, and I am not entering what is yours." [This is taught to apprise us of the "power" of R. Eliezer b. Yaakov — that even one from the marketplace, who has no portion in the courtyard, is permitted to enter it on grounds of breirah. The halachah is in accordance with R. Eliezer b. Yaakov.]
Bartenura on Mishnah Nedarim
היה אחד מן השוק וכו'- to inform you of the power of Rabbi Eliezer ben Yaakov that it (i.e., the Mishnah) took this, for even one from the market that has no portion in the courtyard, Rabbi Eliezer ben Yaakov permits him to enter for the reason of restrospective designation/ברירה . And the Halakha is according to Rabbi Eliezer ben Yaakov.
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English Explanation of Mishnah Nedarim
Introduction
This mishnah is a continuation of yesterday’s mishnah. It again deals with the question of joint ownership of courtyards.
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English Explanation of Mishnah Nedarim
If a man from the street was forbidden by vow to benefit from one of them, he may not enter the courtyard. Rabbi Eliezer ben Jacob says: He can say to him, “I am entering into your friend’s and not into yours.” Reuven and Shimon share a courtyard. Levi is prohibited by vow from benefiting from Reuven. According to the first opinion, Levi may not enter the courtyard, because by doing so, he would be benefiting from Reuven’s property. Rabbi Eliezer ben Jacob says the same thing which he said in yesterday’s mishnah. Levi can enter the courtyard and tell Reuven that he is not benefiting from his property but rather from Shimon’s.
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