Mishnah
Mishnah

Related%20passage for Nedarim 5:5

וְאֵיזֶהוּ דָבָר שֶׁל עוֹלֵי בָבֶל, כְּגוֹן הַר הַבַּיִת וְהָעֲזָרוֹת וְהַבּוֹר שֶׁבְּאֶמְצַע הַדֶּרֶךְ. וְאֵיזֶהוּ דָבָר שֶׁל אוֹתָהּ הָעִיר, כְּגוֹן הָרְחָבָה וְהַמֶּרְחָץ, וּבֵית הַכְּנֶסֶת וְהַתֵּבָה וְהַסְּפָרִים. וְהַכּוֹתֵב חֶלְקוֹ לַנָּשִׂיא. רַבִּי יְהוּדָה אוֹמֵר, אֶחָד כּוֹתֵב לַנָּשִׂיא וְאֶחָד כּוֹתֵב לְהֶדְיוֹט. מַה בֵּין כּוֹתֵב לַנָּשִׂיא לְכוֹתֵב לְהֶדְיוֹט, שֶׁהַכּוֹתֵב לַנָּשִׂיא אֵינוֹ צָרִיךְ לְזַכּוֹת. וַחֲכָמִים אוֹמְרִים, אֶחָד זֶה וְאֶחָד זֶה צְרִיכִין לְזַכּוֹת. לֹא דִבְּרוּ בַנָּשִׂיא אֶלָּא בַהֹוֶה. רַבִּי יְהוּדָה אוֹמֵר, אֵין אַנְשֵׁי גָלִיל צְרִיכִין לִכְתֹּב, שֶׁכְּבָר כָּתְבוּ אֲבוֹתֵיהֶם עַל יְדֵיהֶם:

What is "what appertains to those who come up from Bavel"? Such as: the Temple Mount, the azaroth (the Temple courts), and the well in the middle of the way. And what is "what appertains to that city"? Such as: the open place [the marketplaces in the city], the bath-house, the house of prayer, the book chest, and the books [which the city people buy to learn in.] R. Yehudah says: He can either write it over to the Nassi or write it over to any person. [The gemara explains that this is what is meant: And what is their remedy? They can write over their portion to the Nassi. That is, those who bevowed benefit from each other and are forbidden to use the open place of the city, the book chest, and the books — each one can write over his share in these to the Nassi, after which he is permitted to use them. For each of them will then be making use of the holding of the Nassi, and none of them will be benefitting from his neighbor.] What is the difference between writing it over to the Nassi and writing it over to any person? If he writes it over to the Nassi, he does not require ceding. [If they write it over to the Nassi, they need not cede it to him through (the acquisition of) another, the Nassi acquiring it because of his eminence, even though it is not ceded to him through another.] And the sages say: Both require ceding (by acquisition). The Nassi is mentioned because that (writing it over to the Nassi) is the common instance. R. Yehudah says: The men of the Galil need not write it over, for their fathers already wrote it over for them. [The men of the Galil were highly contentious, and in their anger they would bevow benefit from each other — at which their fathers arose and wrote over their shares to the Nassi, so that if their sons after them bevowed benefit from each other, they would not be forbidden to use the open place of the city, the book chest, or the books, these being the holding of the Nassi.]

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