REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
If two partners make a Neder not to benefit from each other they may not use a mill or an oven, or raise roosters in their shared courtyard.
If one partner made a Neder not to benefit from the other partner he may not enter their shared courtyard.
Rebbi Eliezer Ben Yakov says that he may enter the courtyard because he can say that he is entering into his portion of the courtyard.
If one partner made a Neder not to benefit from the other partner we force him to sell his share in the courtyard. (1)
If a third party makes a Neder not benefit from one of the two partners in the courtyard he may not enter the courtyard.
Rebbi Eliezer Ben Yakov says that he may enter the courtyard because he can say that he is entering into the portion of the courtyard that belongs to the other partner.
If a person makes a Neder not to benefit from his friend and the friend has a bathhouse that he rents out, if the owner receives a portion of the profits it is forbidden for the Noder to use the bathhouse.
If someone vows to his friend that he will not enter his house or buy his field, if the friend dies or sells it to someone else it is permitted for him to enter the field.
If someone vows to his friend that he will not enter this house or buy this field, even if the friend dies or sells it to someone else it remains forbidden.
It is an unresolved question in the Gemara if one partner makes a Neder forbidding the other partner from having benefit from him whether he may enter their shared courtyard according to the Tana Kama. (2)
If two partners make a Neder not to benefit from each other they may not enter a city-owned structure such as a Beis ha'Keneses. (3)
The dispute between Rebbi Eliezer Ben Yakov and the Tana Kama is regarding a courtyard that is not big enough for a Chalukah. (3)
If the courtyard is big enough for a Chalukah Rebbi Eliezer Ben Yakov agrees that if the partners make a Neder not to benefit from each other they may not walk into the courtyard.
If a person makes a Neder not to benefit from his friend and the friend has a bathhouse he rents out, if the owner receives at least a quarter of the profits it is forbidden for him to use the bathhouse.
Abaye says that even if the owner receives less than a quarter of the profits it is forbidden for him to enter the bathhouse. (4)
Abaye says that if the owner of the bathhouse does not receive a share of the profits but the renter pays taxes for the owner it is permitted for him to enter the bathhouse.
A BIT MORE
1. Because we are concerned that when he sees his friend using the courtyard he will become jealous and will use the courtyard himself even though it is forbidden to him.
2. Maybe that which the Tana Kama holds that he may not enter the shared courtyard is only if he makes the Neder on himself, not when the other partner made the Neder on him.
3. This is the Din according to the Rabanan, however Rebbi Eliezer Ben Yakov holds that they may enter the Beis ha'Keneses because of the Sevara of Bereirah.
4. If the courtyard is not big enough to provided each one of the partners with four Amos one partner cannot force the other partner to split the courtyard between them.
|
BRIEF INSIGHT
THE KINYAN OF A PARTNER
If a third party makes a Neder not to benefit from one of the two partners in the courtyard according to Rebbi Eliezer Ben Yakov he may enter the court yard because he can say that he is entering into the other partner's portion of the courtyard. The Rashba says that even according to Rebbi Eliezer Ben Yakov it is only permitted for him to enter the courtyard if the purpose of his entry concerns the other partner. If he is entering for any other reason he may not enter the courtyard because each one of the partners only has a Kinyan on the courtyard for himself and for visits that concern him but not for unrelated visits. Therefore if he enters on an unrelated business he cannot say that he is entering the other partner's portion in the courtyard because the partner does not have a portion in they courtyard for unrelated visits.
QUICK HALACHAH
TWO PARTNERS
If two partners make a Neder not to benefit from each other, if the courtyard is big enough for Chalukah, they may not enter the courtyard until they split the courtyard between them. Certainly if one of the partners made a Neder that a third party may not benefit from him that the third party may not enter the courtyard. However if the courtyard is not big enough for Chalukah it is permitted for each one of them to enter the courtyard. (Shulchan Aruch YD 226:1)
|
Next Daf
Index to Revach for Maseches Nedarim
|
