Nedarim 45b

נדרים מ״ה ע״ב

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Topic

Two שותפין (partners) who made a נדר forbidding הנאה from each other, and whether they may still use the חצר they share

Overview

This amud opens a new משנה about two שותפין (partners) who made a נדר forbidding any הנאה from each other. The question is whether they may still use the חצר they own together. The תנא קמא says neither may enter, because the courtyard is shared and each partner would be using the other's share. רבי אליעזר בן יעקב disagrees. He says each partner is seen as walking only on his own portion, so he gets no הנאה from his partner. Their argument comes down to how to view shared property: as belonging to both partners at every point, or as divided into separate shares.

Opening lines

The steps (2)

1. StatementPartners who forbade benefit from each other may not enter their shared courtyard
2. StatementEach partner is seen as entering only his own share