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Nedarim 46a

נדרים מ״ו ע״א

Learn Nedarim 46a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Vows between courtyard partners, rented-out property, 'your house' versus 'this house', and whether the חכמים argue when partners forbade each other

Overview

This amud finishes the משנה about partners in a shared courtyard (חצר) when a נדר forbids benefit between them. Neither partner may set up a mill or an oven, or raise chickens, there. When only one partner is forbidden, or when an outsider is forbidden from one partner, the תנא קמא says he may not enter. רבי אליעזר בן יעקב allows him to enter, because he can say he is walking in a part that does not belong to the one he is forbidden from. The משנה also says the court forces the one who vowed to sell his share. Next comes a rented-out bathhouse or olive press: using it is forbidden only if the owner still keeps a hold in it. Then the משנה teaches that a vow against 'your house' ends when the owner dies or sells it, while a vow against 'this house' stays in force. The גמרא asks whether the courtyard argument also applies when the partners forbade each other. It shows that the משנה speaks about a partner who banned himself (נדור), so the משנה does not settle that question. Finally, רבה begins to report a teaching from זעירי, which continues on the next amud.

Opening lines

וּשְׁנֵיהֶם אֲסוּרִים

And both of them are forbidden

לְהַעֲמִיד רֵיחַיִם וְתַנּוּר

to set up a mill and an oven

וּלְגַדֵּל תַּרְנְגוֹלִים.

and to raise chickens.

הָיָה אֶחָד מֵהֶם

If one of them was

The steps (13)

  1. StatementBoth partners may not set up a mill, an oven, or chickens
  2. StatementOnly one partner is forbidden: he may not enter
  3. Statementרבי אליעזר בן יעקב: he enters only his own part
  4. StatementThe court forces the one who vowed to sell his share
  5. StatementAn outsider forbidden from one partner may not enter
  6. Statementרבי אליעזר בן יעקב: he enters only the other partner's part
  7. StatementA rented-out bathhouse or olive press
  8. StatementVowing off 'your house' versus 'this house'
  9. QuestionDo the חכמים disagree even when the partners forbade each other?
  10. ProofProof from the word 'מודר' in the משנה
  11. RejectionRead the משנה as 'נדור': he vowed on himself
  12. ProofSupport for 'נדור': the court forces the vower to sell
  13. Statementרבה introduces a teaching from זעירי