Nedarim 5

הַשֻּׁתָּפִין שֶׁנָּדְרוּ הֲנָאָה זֶה מִזֶּה, אֲסוּרִין לִכָּנֵס לֶחָצֵר. רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, זֶה נִכְנָס לְתוֹךְ שֶׁלּוֹ וְזֶה נִכְנָס לְתוֹךְ שֶׁלּוֹ. וּשְׁנֵיהֶם אֲסוּרִים לְהַעֲמִיד שָׁם רֵחַיִם וְתַנּוּר וּלְגַדֵּל תַּרְנְגוֹלִים. הָיָה אֶחָד מֵהֶם מֻדָּר הֲנָאָה מֵחֲבֵרוֹ, לֹא יִכָּנֵס לֶחָצֵר. רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, יָכוֹל הוּא לוֹמַר לוֹ, לְתוֹךְ שֶׁלִּי אֲנִי נִכְנָס וְאֵינִי נִכְנָס לְתוֹךְ שֶׁלָּךְ. וְכוֹפִין אֶת הַנּוֹדֵר לִמְכֹּר אֶת חֶלְקוֹ:

Partners who bevowed benefit from each other are forbidden to enter the courtyard. R. Eliezer b. Yaakov says: This one enters his and that one enter his. [Partners, each of whom has a house in a courtyard, and both are partners in the court before the houses, where there is a law of division in the courtyard, i.e., when for each house there are four cubits in the courtyard in front of the house and there remain in the courtyard an additional four cubits for each one — in such an instance all agree that both are forbidden to enter the courtyard until they divide it, the law of division obtaining. R. Eliezer and the rabbis differ only with respect to a courtyard where the law of division does not obtain, the rabbis holding that each one enters his neighbor's (property), and R. Eliezer b. Yaakov holding that there is breirah (retroactive identification), and each one enters his own.] And both are forbidden to place a mill and an oven there or to raise chickens there. [R. Eliezer b. Yaakov concedes in all of these instances that partners can stop each other, it not being possible to permit this on grounds of breirah. For since it is possible for him to stop him and he does not do so, he is found to benefit him.] If one of them had bevowed benefit from his neighbor, he may not enter the courtyard. R. Eliezer b. Yaakov says: He may say to him: "I am entering what is mine, and I am not entering what is yours." And the bevower is compelled to sell his portion. [For we fear that since he sees his neighbor entering, he might forget and, likewise, enter. But when both are forbidden, this is not to be feared. And it is only when one vowed of himself not to benefit from his neighbor that we compel him to sell his portion. But if his neighbor bevowed him not to benefit from him, he is anuss ("forced"), and he is not compelled to sell, for what could he do? If this were permitted, every partner would bevow the other not to benefit from him in order to compel him to sell him his portion!]

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.]

הַמֻּדָּר הֲנָאָה מֵחֲבֵרוֹ, וְיֶשׁ לוֹ מֶרְחָץ וּבֵית הַבַּד מֻשְׂכָּרִים בָּעִיר, אִם יֶשׁ לוֹ בָהֶן תְּפִיסַת יָד, אָסוּר. אֵין לוֹ בָהֶן תְּפִיסַת יָד, מֻתָּר. הָאוֹמֵר לַחֲבֵרוֹ, קוֹנָם לְבֵיתְךָ שֶׁאֲנִי נִכְנָס וְשָׂדְךָ שֶׁאֲנִי לוֹקֵחַ, מֵת אוֹ שֶׁמְּכָרוֹ לְאַחֵר, מֻתָּר. קוֹנָם לְבַיִת זֶה שֶׁאֲנִי נִכְנָס, שָׂדֶה זוֹ שֶׁאֲנִי לוֹקֵחַ, מֵת אוֹ שֶׁמְּכָרוֹ לְאַחֵר, אָסוּר:

If one were bevowed benefit from his neighbor, and he had a bath-house or an olive press rented in the city, if he had a "hand-grasp" in it, it is forbidden; if he did not have a "hand-grasp" in it, it is forbidden. [If Reuven were forbidden from benefitting Shimon's property, and Shimon had a bath-house in the city or an olive press, which he rented to others, and Reuven came to use them — we see if Shimon had left himself a place in this bath-house or wine-press which he had not rented to others, such as a pit in the bath-house, and the like. (If he had left himself a place) Reuven is forbidden from using them; if not, he is permitted.] If one said to his neighbor: "Konam, if I enter your house, or if I buy your field," if he died or sold it to another, it is permitted. (If he said: "Konam, if I enter this house, or if I buy this field," if he died or sold it to another, it is forbidden. [For since he said: "your house" or "your field," he intended it to apply only when they were his; but if he said: "this house" or "this field," he forbade them to himself forever.]

הֲרֵינִי עָלֶיךָ חֵרֶם, הַמֻּדָּר אָסוּר. הֲרֵי אַתְּ עָלַי חֵרֶם, הַנּוֹדֵר אָסוּר. הֲרֵינִי עָלֶיךָ וְאַתְּ עָלַי, שְׁנֵיהֶם אֲסוּרִין. וּשְׁנֵיהֶם מֻתָּרִין בְּדָבָר שֶׁל עוֹלֵי בָבֶל, וַאֲסוּרִין בְּדָבָר שֶׁל אוֹתָהּ הָעִיר:

(If one said to his neighbor:) "I am cherem to you" [Benefitting from me is forbidden to you as cherem (dedicated property) — you may not benefit from me], the bevowed one is forbidden [even if he did not answer "Amen"; for one may forbid his friend from benefitting from him.] (If he said:) "You are cherem to me," [forbidding to himself all benefit from his neighbor], the vower is forbidden. "I am (cherem) to you, and you are (cherem) to me," they are both forbidden. And they are both permitted with what appertains to those who come up from Bavel [such as a well for those who come up for the festivals. For they would come up from Bavel to Eretz Yisrael for the festivals. The well was in the middle of the way, and all of Israel could use it, being as hefker (ownerless), and not as something jointly owned.], and they are forbidden with what appertains to that city.

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.]

הַמֻּדָּר הֲנָאָה מֵחֲבֵרוֹ וְאֵין לוֹ מַה יֹּאכַל, נוֹתְנוֹ לְאַחֵר לְשׁוּם מַתָּנָה, וְהַלָּה מֻתָּר בָּהּ. מַעֲשֶׂה בְאֶחָד בְּבֵית חוֹרוֹן שֶׁהָיָה אָבִיו מֻדָּר הֵימֶנּוּ הֲנָאָה, וְהָיָה מַשִּׂיא אֶת בְּנוֹ, וְאָמַר לַחֲבֵרוֹ, חָצֵר וּסְעוּדָה נְתוּנִים לְךָ בְמַתָּנָה, וְאֵינָן לְפָנֶיךָ אֶלָּא כְדֵי שֶׁיָּבֹא אַבָּא וְיֹאכַל עִמָּנוּ בַּסְּעוּדָה. אָמַר לוֹ, אִם שֶׁלִּי הֵם, הֲרֵי הֵם מֻקְדָּשִׁין לַשָּׁמָיִם. אָמַר לוֹ, לֹא נָתַתִּי אֶת שֶׁלִּי שֶׁתַּקְדִּישֵׁם לַשָּׁמָיִם. אָמַר לוֹ, לֹא נָתַתָּ לִּי אֶת שֶׁלְּךָ אֶלָּא שֶׁתְּהֵא אַתָּה וְאָבִיךָ אוֹכְלִים וְשׁוֹתִים וּמִתְרַצִּים זֶה לָזֶה, וִיהֵא עָוֹן תָּלוּי בְּרֹאשׁוֹ. וּכְשֶׁבָּא דָבָר לִפְנֵי חֲכָמִים, אָמְרוּ, כָּל מַתָּנָה שֶׁאֵינָהּ שֶׁאִם הִקְדִּישָׁהּ אֵינָהּ מְקֻדֶּשֶׁת, אֵינָהּ מַתָּנָה:

If one bevows benefit from his neighbor, and he (the first) has nothing to eat, he (the neighbor) may give it to another as a gift, and this one (the first) is permitted to (eat it). It happened with one in Beth Choron that his father had bevowed benefit from him. [The gemara explains that something is lacking in our Mishnah and that this is what is meant: "And if the end 'sheds light' on the beginning, it is forbidden. And it also happened in Beth Choron that "one's end shed light on his beginning, etc."] He (the son) was marrying off his son and he said to his neighbor: "The courtyard and the feast are given to you as a gift, and they are given to you only so that my father may come and partake of the feast with us." [It is clear in this instance that he gave them only so that his father should come and eat, and this is forbidden. But if he said: "Here they are, and, if you will, let Father come and eat," this is permitted. And if the meal itself "sheds light," i.e., if he prepared a lot more than was needed (for the other), it being clear that he did so, so that his father come and eat, it is forbidden.] He (the other) said to him: "If they are mine, they are dedicated to Heaven." The son: "I did not give you what is mine so that you could dedicate it to Heaven!" The other: "You gave me what was yours only so that you and your father could eat and drink and be reconciled with each other, and the sin (of vows) will be on my head!" And when the sages were apprised of this, they said: Any gift "which is not," which if he (the receiver) dedicates it, is not dedicated, is not a gift.