(Mishnah): If each of two partners (in a courtyard) vowed not to benefit from the other, neither may enter the Chatzer;

R. Eliezer ben Yakov says [they may enter], for this one enters his [portion], and this one enters his [portion].

Both are forbidden to set up [in the Chatzer] a mill or oven, or to raise chickens;

If [only] one of them was Mudar Hana'ah from his partner, he may not enter the Chatzer;

R. Eliezer ben Yakov says [he may enter], for he can say 'I enter my portion. I do not enter your portion.'

We force the Noder (the one who vowed) to sell his portion.

(Gemara): Rabanan say, every Tefach is of [both] partners.

R. Eliezer ben Yakov says, this one enters his, and this one enters his.

If the Chatzer was divided with a divider, even Rabanan agree [that each may enter his portion].

If one sold his portion [to his partner], even R. Eliezer ben Yakov agrees [that the buyer may not enter, for before the sale, he could enter, but it was cramped. Now, if he enters easily, he benefits from the sale! OHR SOMAYACH Hilchos Nedarim 7:4.]

Note: We cannot say that he sold it to a stranger, for in the coming Mishnah, R. Eliezer ben Yakov permits a stranger Mudar from one of the partners!

If they stipulated amongst themselves [to allow a mill, oven, or raising chickens], they have the status of partners (according to Chachamim, they are forbidden);

Question: The question is when they stipulated amongst themselves to pardon [these]. What does R. Eliezer ben Yakov say? (We explained this like PANIM ME'IROS.)

Question: A Mishnah teaches [if one said 'I will not benefit from Yisraelim',] he buys [from a Yisrael] for more, and sells for less. What does R. Eliezer ben Yakov say [in this case]?

Question: A Mishnah teaches [if one is Mudar Hana'ah from his friend,] he may not lend to him or borrow from him. What does R. Eliezer ben Yakov say [in this case]?

Implied question: A Mishnah teaches [if one is Mudar Hana'ah from his friend,] he may not sell to him or buy from him. (Does R. Eliezer ben Yakov agree?)

Implied question: [A Mishnah teaches that if one is Mudar Hana'ah from his friend, and he visits him when he is sick, he must stand; and R. Shimon ben Yakim said [that he may not sit,] lest he delay. (Does R. Eliezer ben Yakov agree?)

Both are forbidden to set up [in the Chatzer] a mill or oven, or to raise chickens;

Question: Does R. Eliezer ben Yakov [agree to this]? Our Mishnah teaches partners who vowed Hana'ah from each other. Because they vowed from each other, they are forbidden [to set up a mill...; we infer that] had they not vowed Hana'ah from each other, Stam they pardon to each other. (Perhaps R. Eliezer ben Yakov permits every case of Vitur, i.e. matters that people normally pardon to each other.)

(Mishnah): The following matters do not have Chazakah (putting animals, a mill or oven in a Chatzer, raising chickens or putting feces there (to become fertilizer. Even if a partner in the Chatzer tolerated them for a long time, he can retract and object.)

(R. Yirmeyah): The custom of partner is to pardon these to each other.

(R. Elazar): If one raises chickens in a Chatzer that is not his, this is a Chazakah.

Support R. Yosi): This is proper, no matter what you will say!

If he received permission [from the owner] to raise, he raises. If he did not receive permission to raise, he has a Chazakah (the owner's silence shows that he pardoned to him).

(R. Yochanan citing R. Benayah): Partner can protest against each other about anything, except for laundry, due to the honor of Benos Yisrael (it is immodest for them to launder in the river, for their feet are exposed).

Limitation (R. Masniyah): What you say is in a place where women launder, but in a place where men launder, no.

Limitation: What you say [that they can protest about anything] 'except for laundry in the Chatzer' is in [almost] the entire Chatzer. However, within four Amos [of the protester's house], he can protest. (We explained this like HA'ITUR.)

If the place was sloped [and the water will flow to the protester], even within four Amos of [the launderer's house], he can protest. He tells him, 'you spill, and it comes to me!'

(Beraisa): The place of the oven and the place of Kirayim (a rectangular oven with place to rest two pots on top), they do not have a Chazakah. If they have a cover on them, even any amount, they have a Chazakah.

Limitation (R. Ze'ira): This is only if the cover is beneficial for the oven.

(R. Yochanan citing R. Yanai): Partners can acquire from each other in the Chatzer, and they are liable for damage to each other.

Limitation (R. Bun bar Kahana): [They acquire from each other] when he says 'pile up [the Peros in the Chatzer], and I will acquire', but if they were already piled up, he does not acquire until he moves them

Question: [R. Eliezer ben Yakov says that he can say] 'I enter my portion, and not yours', and you say that we force [the Noder to sell his portion]?!

Answer: This was not said in this case, rather, about the following [Mishnah. If someone else was Mudar from one of the partners, he may not enter the Chatzer. R. Eliezer ben Yakov permits, for he can say] 'I enter your friend's portion. I do not enter your portion.' We force the Noder to sell his portion, when he said 'Hana'ah from me is forbidden to you', but if he said 'Hana'ah from you is Alai (forbidden to me), no (we do not force. We explained this like PNEI MOSHE.)

(Mishnah): If someone else (not a partner) was Mudar Hana'ah from one of the partners, he may not enter the Chatzer;

R. Eliezer ben Yakov permits, for he can say 'I enter your friend's portion. I do not enter your portion.'

(Gemara) Observation: It was not taught [here] that we force [the Noder to sell his portion, only when he forbids his partner].

(R. Chiyah - Beraisa): If he was a chronic Noder (he often forbids others to benefit from him), we force him [R. Eliezer when he forbids others].

[His partner] says to him 'the first came, and you did so to him. The second [came], and you did so to him. From now and onwards, permit your Neder, or sell your portion!

(Mishnah): If one is Mudar Hana'ah from his friend, and [the friend] has a bathhouse or olive press rented out:

If [the friend] has Tefisas Yad (a share of the revenue), [the Mudar] may not use it. If he has no has Tefisas Yad, he is permitted.

If one said to his friend 'Konam your house that I will not enter it', or 'your field, that I will not buy it', if [the owner] died or sold them to another, he is permitted (to enter or buy it).

If he said '[Konam] this house that I will not enter it', or 'this field, that I will not buy it', if he died or sold them, he is forbidden.

(Gemara) Question: How much is Tefisas Yad? It is [at least] a half, a third or a quarter.