Nedarim 4

אֵין בֵּין הַמֻּדָּר הֲנָאָה מֵחֲבֵרוֹ לַמֻּדָּר הֵימֶנּוּ מַאֲכָל אֶלָּא דְרִיסַת הָרֶגֶל וְכֵלִים שֶׁאֵין עוֹשִׂין בָּהֶן אֹכֶל נֶפֶשׁ. הַמֻּדָּר מַאֲכָל מֵחֲבֵרוֹ, לֹא יַשְׁאִילֶנּוּ נָפָה וּכְבָרָה וְרֵחַיִם וְתַנּוּר, אֲבָל מַשְׁאִיל לוֹ חָלוּק וְטַבַּעַת וְטַלִּית וּנְזָמִים, וְכָל דָּבָר שֶׁאֵין עוֹשִׂין בּוֹ אֹכֶל נֶפֶשׁ. מְקוֹם שֶׁמַּשְׂכִּירִין כַּיּוֹצֵא בָהֶן, אָסוּר:

There is no difference between bevowing benefit from one's neighbor and bevowing food from him, but "the treading of the foot" [to pass through his land] or [to borrow from him] vessels not used for food [preparation, these being permitted to one who bevows himself from food, and forbidden to one who bevows himself from benefit.] If one bevows himself of food from his friend, he should not lend him a winnow, sieve, mill, or oven, [these being used in the processing of food, and, it goes without saying, a pot or a spit, which holds the food itself. The "bevowing from food" of our Mishnah is one's saying: "The enjoyment of your food upon me, konam."], but he may lend him garment, ring, cloak, ear-rings, and all things which are not used for food preparation. In a place where such things are hired out, it is forbidden. [For since it is customary to hire them out, and he (the lender) waives the rental, with that money, he (the borrower) can buy food — but he had bevowed him from (any) benefit which leads to (the procuring of) food.]

הַמֻּדָּר הֲנָאָה מֵחֲבֵרוֹ, שׁוֹקֵל אֶת שִׁקְלוֹ, וּפוֹרֵעַ אֶת חוֹבוֹ, וּמַחֲזִיר לוֹ אֶת אֲבֵדָתוֹ. מְקוֹם שֶׁנּוֹטְלִין עָלֶיהָ שָׂכָר, תִּפֹּל הֲנָאָה לַהֶקְדֵּשׁ:

If one bevows benefit from one's neighbor, he may give his shekel [the half-shekel that every man in Israel gives every year for the congregational offerings. The vower may give it for him because he thereby simply performs a mitzvah.], and he may pay his debt [Some understand this as applying only to an instance where the borrower stipulated with the lender that he could repay the loan whenever he wished and not be "pressured" for it, so that now, by repaying his loan, he is not (directly) benefitting him at all. Others understand it as applying to all debts. For (by paying the debt) he merely prevents his creditor from claiming it, and preventing a claim is not considered "benefitting"], and he may return his lost object [whether the property of the returner were forbidden to the owner of the lost object, or the property of the owner of the lost object were forbidden to the returner, for he is (simply) performing a mitzvah.] In a place where one is paid for this, the benefit falls to hekdesh (the Temple). [When both bevow benefit from each other, if he (one of them) takes pay, he is found to benefit; and if he does not take it, he is found to benefit the other. Therefore, the money falls to hekdesh. And we do not say: "Let him take the benefit to the Dead Sea," for he forbade benefit to himself as hekdesh, for which reason any benefit accruing to him thereby reverts to hekdesh.]

וְתוֹרֵם אֶת תְּרוּמָתוֹ וּמַעַשְׂרוֹתָיו לְדַעְתּוֹ. וּמַקְרִיב עָלָיו קִנֵּי זָבִין, קִנֵּי זָבוֹת, קִנֵּי יוֹלְדוֹת, חַטָּאוֹת וַאֲשָׁמוֹת, וּמְלַמְּדוֹ מִדְרָשׁ, הֲלָכוֹת וְאַגָּדוֹת, אֲבָל לֹא יְלַמְּדֶנּוּ מִקְרָא. אֲבָל מְלַמֵּד הוּא אֶת בָּנָיו וְאֶת בְּנוֹתָיו מִקְרָא, וְזָן אֶת אִשְׁתּוֹ וְאֶת בָּנָיו אַף עַל פִּי שֶׁהוּא חַיָּב בִּמְזוֹנוֹתֵיהֶם. וְלֹא יָזוּן אֶת בְּהֶמְתּוֹ, בֵּין טְמֵאָה בֵּין טְהוֹרָה. רַבִּי אֱלִיעֶזֶר אוֹמֵר, זָן אֶת הַטְּמֵאָה, וְאֵינוֹ זָן אֶת הַטְּהוֹרָה. אָמְרוּ לוֹ, מַה בֵּין טְמֵאָה לִטְהוֹרָה. אָמַר לָהֶן, שֶׁהַטְּהוֹרָה נַפְשָׁהּ לַשָּׁמַיִם וְגוּפָהּ שֶׁלּוֹ, וּטְמֵאָה נַפְשָׁהּ וְגוּפָהּ לַשָּׁמָיִם. אָמְרוּ לוֹ, אַף הַטְּמֵאָה נַפְשָׁהּ לַשָּׁמַיִם וְגוּפָהּ שֶׁלּוֹ, שֶׁאִם יִרְצֶה, הֲרֵי הוּא מוֹכְרָהּ לְגוֹיִם אוֹ מַאֲכִילָהּ לִכְלָבִים:

And he may tithe his terumah and his ma'aseroth to his knowledge [As when he said: "All who wish to tithe (my produce) may come and do so." But he may not tell him to do so, for he thereby makes him his messenger, and he derives pleasure through the other's doing his bidding], and he may sacrifice for him the bird offerings of zavin, zavoth, and women who have given birth [A Cohein from whom an Israelite has bevowed benefit may sacrifice these offerings for him.], and he may teach him medrash [Sifra, and Sifrei, which is the medrash of the verses], halachoth ["halachoth to Moses from Sinai"], and aggadoth [the words of the sages, which they linked to the verses. The reason he is permitted to teach him all these is that one is not permitted to take pay for teaching these, and there is no "benefit," for he is (simply) performing a mitzvah.], but he may not teach him Scripture. [For it is permitted to take pay for the teaching of Scripture; for he takes it only for the teaching of the proper cantillation of the verses. Since this is not a mitzvah of the Torah, it is permitted to take pay for it, and if he does not take it, he is found to have benefitted him. And this applies only in a place where it is customary to be paid for teaching cantillation; but in a place where it is not customary to be paid, it is permitted to teach him cantillation, too.] But he may teach his sons and his daughters Scripture [Even though it is a mitzvah for the father to teach his son, so that he thereby relieves him of his obligation, this is not called "benefitting," for "mitzvoth were not given for 'benefitting.'" And it is also possible that he could find another to teach him gratis.], and he may feed his wife and his children even though he himself is obliged to feed them; but he may not feed his beast, whether clean or unclean. [For he wishes it to be fattened and he benefits thereby.] R. Eliezer says: He may feed the unclean beast, but not the clean one. They asked him: What is the difference between the unclean and the clean? He answered: The clean one — its soul goes to heaven, and its body goes to him. The unclean one — both its soul and its body go to heaven. [For it is used for working and he is not concerned about its being fattened. They replied: The unclean one, too — its soul goes to heaven, and its body is his; for if he wishes, he can sell it to a non-Jew [for food and receive more for its having been fattened], or he can feed it to the dogs.

הַמֻּדָּר הֲנָאָה מֵחֲבֵרוֹ וְנִכְנַס לְבַקְּרוֹ, עוֹמֵד, אֲבָל לֹא יוֹשֵׁב. וּמְרַפְּאֵהוּ רְפוּאַת נֶפֶשׁ, אֲבָל לֹא רְפוּאַת מָמוֹן. וְרוֹחֵץ עִמּוֹ בְאַמְבַּטִיָא גְדוֹלָה, אֲבָל לֹא בִקְטַנָּה. וְיָשֵׁן עִמּוֹ בְמִטָּה. רַבִּי יְהוּדָה אוֹמֵר, בִּימוֹת הַחַמָּה, אֲבָל לֹא בִימוֹת הַגְּשָׁמִים, מִפְּנֵי שֶׁהוּא מְהַנֵּהוּ. וּמֵסֵב עִמּוֹ עַל הַמִּטָּה, וְאוֹכֵל עִמּוֹ עַל הַשֻּׁלְחָן, אֲבָל לֹא מִן הַתַּמְחוּי, אֲבָל אוֹכֵל הוּא עִמּוֹ מִן הַתַּמְחוּי הַחוֹזֵר. לֹא יֹאכַל עִמּוֹ מִן הָאֵבוּס שֶׁלִּפְנֵי הַפּוֹעֲלִים, וְלֹא יַעֲשֶׂה עִמּוֹ בְאֻמָּן, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, עוֹשֶׂה הוּא בְרִחוּק מִמֶּנּוּ:

If one bevows benefit from his neighbor, and he comes in to visit him, he may stand, but not sit. [Our Mishnah speaks of the property of the visitor being forbidden to the sick one, in a place where one is paid for sitting with a sick person, so that if he sits with him and does not take the customary payment, he benefits him. But standing is just for a short time and it is not customary to take payment for it.] And he may heal him, the healing of soul [i.e., his body], but not the healing of property [the healing of his beast. For one is obligated to heal his friend if he takes ill, viz. (Deuteronomy 22:2): "And you shall return it to him" — to include bodily restoration (i.e., healing), and he does a mitzvah thereby. Therefore, even though he bevowed himself of benefit from him, he may heal him with his hands (i.e., directly) when he himself takes ill. But if his beast is sick, he may not heal it with his hands because he benefits him thereby. However, he may say to him: This drug is good for it; this drug is bad for it.] And he may bathe with him in a big tub, but not in a small one. [For he benefits him by "lifting" the water upon him.] And he may sleep with him in one bed. R. Yehudah says: In the summertime, but not in the wintertime [because he warms him. The halachah is in accordance with R. Yehudah.] And he may sit with him on one bed, and he may eat with him at one table, but not from the tamchui. [He may not eat with him from one plate, lest he leave off eating a "goodly portion" of it, so that the other, who bevowed benefit from him, eat it; or lest he move a piece close to him so that he eat it, thereby benefitting him.] But he may eat from a tamchui that returns [to the owner. Reuven may eat from a plate that he knows will be sent back to Shimon, who bevowed benefit from him, after it returns to the owner. And we are not concerned that he might leave something in the plate for Shimon to eat, thereby benefitting him.] He may not eat with him from the evus (placed) before the workers, [a large receptacle that they would fill with food and from which the workers would eat together], and he may not work with him together on the border bed. These are the words of R. Meir. [He may not harvest with him in the same row that he is harvesting, for he assists him in finishing his work quickly by providing open spaces before him, thereby benefitting him. The halachah is not in accordance with R. Meir.] The sages say: He may work at a distance from him.

הַמֻּדָּר הֲנָאָה מֵחֲבֵרוֹ לִפְנֵי שְׁבִיעִית, לֹא יוֹרֵד לְתוֹךְ שָׂדֵהוּ, וְאֵינוֹ אוֹכֵל מִן הַנּוֹטוֹת. וּבַשְּׁבִיעִית אֵינוֹ יוֹרֵד לְתוֹךְ שָׂדֵהוּ, אֲבָל אוֹכֵל הוּא מִן הַנּוֹטוֹת. נָדַר הֵימֶנּוּ מַאֲכָל לִפְנֵי שְׁבִיעִית, יוֹרֵד לְתוֹךְ שָׂדֵהוּ, וְאֵינוֹ אוֹכֵל מִן הַפֵּרוֹת. וּבַשְּׁבִיעִית, יוֹרֵד וְאוֹכֵל:

If one bevows benefit from his friend before shevi'ith (the shemitah year), he may not go down to his field, and he may not eat from the nototh [the fruits hanging (notin) outside the orchard.] And on shevi'ith, he may not go down to his field, but he may eat from the nototh. [Even though the Torah made the fruits of shevi'ith hefker (ownerless), it did not make the land itself hefker, and we fear lest, when he is not eating the fruits, he might remain and linger in the field, and derive enjoyment from the field itself, which is not hefker.] If he bevowed "food" before shevi'ith, he may go down to his field, but he may not eat from the fruits. And on shevi'ith, he may go down and eat.

הַמֻּדָּר הֲנָאָה מֵחֲבֵרוֹ, לֹא יַשְׁאִילֶנּוּ וְלֹא יִשְׁאַל מִמֶּנּוּ, לֹא יַלְוֶנּוּ וְלֹא יִלְוֶה מִמֶּנּוּ, וְלֹא יִמְכֹּר לוֹ וְלֹא יִקַּח מִמֶּנּוּ. אָמַר לוֹ, הַשְׁאִילֵנִי פָרָתֶךָ. אָמַר לוֹ, אֵינָהּ פְּנוּיָה. אָמַר קוֹנָם שָׂדִי שֶׁאֲנִי חוֹרֵשׁ בָּהּ לְעוֹלָם, אִם הָיָה דַרְכּוֹ לַחֲרֹשׁ, הוּא אָסוּר וְכָל אָדָם מֻתָּרִין. אִם אֵין דַּרְכּוֹ לַחֲרֹשׁ, הוּא וְכָל אָדָם אֲסוּרִין:

If one bevows benefit from his neighbor, he may not lend him (objects) and he may not borrow from him; he may not lend him (money) and he may not borrow from him. [("He may not lend him (objects)": a decree lest he borrow from him after having bevowed benefitting from him. Likewise, he may not lend (money) to him, a decree lest he borrow from him.] He may not sell to him and he may not buy from him. [He may not sell to him below cost, a decree lest he buy from him below cost and thereby benefit from him.] If a man said (to his neighbor): "Lend me your bullock," and the other said: "It is not free now," and the first: "Konam, if I ever plow my field with it (your bullock)!" If it were his practice to plow it, he is forbidden (to use the) bullock, and all others permitted. (For he intended only that he not plow it, as was his wont, but others may do so.)] If it were not his practice to plow it, he and all others are forbidden. [His intent was that neither he nor others plow it.]

הַמֻּדָּר הֲנָאָה מֵחֲבֵרוֹ וְאֵין לוֹ מַה יֹּאכַל, הוֹלֵךְ אֵצֶל הַחֶנְוָנִי וְאוֹמֵר, אִישׁ פְּלוֹנִי מֻדָּר מִמֶּנִּי הֲנָאָה וְאֵינִי יוֹדֵעַ מָה אֶעֱשֶׂה, וְהוּא נוֹתֵן לוֹ וּבָא וְנוֹטֵל מִזֶּה. הָיָה בֵיתוֹ לִבְנוֹת, גְּדֵרוֹ לִגְדֹּר, שָׂדֵהוּ לִקְצֹר, הוֹלֵךְ אֵצֶל הַפּוֹעֲלִים וְאוֹמֵר, אִישׁ פְּלוֹנִי מֻדָּר מִמֶּנִּי הֲנָאָה וְאֵינִי יוֹדֵעַ מָה אֶעֱשֶׂה. הֵם עוֹשִׂין עִמּוֹ, וּבָאִין וְנוֹטְלִין שָׂכָר מִזֶּה:

If one bevows benefit from his neighbor, and he (the first) has nothing to eat, [The common instance is given. The same is true if he has what to eat], he (the neighbor) may go to a shopkeeper and tell him: "That man has bevowed benefit from me, and I do not know what to do," and he (the shopkeeper) can give him (food) and come and take (payment) from this one (the neighbor) [if he wishes to pay him; and he (the first) does not transgress his vow. But he cannot force him (the neighbor) to pay him, for he did not tell him: "Give him and I shall pay you." And if he did tell him, it is forbidden, because he thereby makes him his messenger.] If he (the first) had a house to build, a fence to put up, a field to harvest, he (the neighbor) may go to workers and say to them: "That man has bevowed benefit from me, and I do not know what to do." They may work for him (the first) and come and take their wage from this one (the neighbor).

הָיוּ מְהַלְּכִין בַּדֶּרֶךְ, וְאֵין לוֹ מַה יֹּאכַל, נוֹתֵן לְאַחֵר לְשׁוּם מַתָּנָה וְהַלָּה מֻתָּר בָּהּ. אִם אֵין עִמָּהֶם אַחֵר, מַנִּיחַ עַל הַסֶּלַע אוֹ עַל הַגָּדֵר וְאוֹמֵר, הֲרֵי הֵן מֻפְקָרִים לְכָל מִי שֶׁיַּחְפֹּץ, וְהַלָּה נוֹטֵל וְאוֹכֵל. וְרַבִּי יוֹסֵי אוֹסֵר:

If they were walking on the road, and he had nothing to eat, he (the neighbor) may give (food) to another as a gift, and this one (the bevower) is permitted to take it. If there is no other with them, he may place it on a rock or on a fence and say: "It is hefker for whoever wants it," and he may take it and eat it. R. Yossi forbids it. [For since he is the only one there to take it, it is like a gift. The halachah is not in accordance with R. Yossi. And it is only for one who has nothing to eat that the rabbis permitted it, but not for another.]