2,777. Reuvein and Shimon During Shemittah

Still more about Reuvein, who is prohibited by a vow to benefit from Shimon.

Hilchos Nedarim 6:13

Reuvein is not permitted to eat produce from Shimon’s field, not even during the Sabbatical year when it’s rendered ownerless; this is because the vow was made before the Sabbatical started. If the vow was made during the Sabbatical year, Reuvein may eat produce that hangs outside the field; he may not enter the field even though the land was rendered ownerless. The reason for this is a preventive measure out of concern that Reuvein might remain there after eating, because the Torah only renders the land ownerless while produce is found in it.

Hilchos Nedarim 6:14

The previous halacha only applies when Shimon told Reuvein, “Benefit from this property is prohibited to you.” If he said, “It is prohibited for you to benefit from my property,” or if Reuvein took an oath or a vow prohibiting himself from benefitting from Shimon’s property, then he may eat the produce of Shimon’s field when the Sabbatical begins because it is no longer in Shimon’s domain. He may not enter Shimon’s field, however, as explained in the halacha above.