Nedarim 5:2-3
Nedarim 5:2
Continuing the case of two partners, if a third person was prohibited by a vow from benefitting from one of the partners, he may not enter their jointly-owned property. Rabbi Eliezer says that the person can say to the partner, “I am only entering the other partner’s portion, not yours."
Nedarim 5:3
Let’s say that a person is prohibited by a vow from benefiting from his friend, and that friend owns a bathhouse or an olive press in the city, which he has leased to a third party. If the owner retains rights in these businesses, the one under a vow may not use them; if the owner has no rights in these businesses, the one under a vow may use them. If a person said to his friend, “Konam if I enter your house” or “if I buy your field” and then the friend died or sold his property, the one who vowed is permitted. If he said, “Konam if I enter this house” or “if I buy this field” and then the friend died or sold his property, the one who vowed is prohibited.
Grateful Thanks for the Mishna Yomit Dedication of
Rabbi Louis Leifer and Mrs. Miriam D. Leifer z"l
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