Wednesday 8 July 2015

Nedarim 46: Vows and Land and Friends

Two partners - business partners and/or neighbours who share land - must be careful to observe any vows not to benefit from each other's shared properties.  The Gemara discusses cases where a third party is affected by potential transactions.  The rabbis also consider cases where a friend is affected by a vow that another person does not benefit from one's land.

When land is affected by a vow between two partners, the Rabbis want to ensure that there is enough room for each party to access only his/her own portion.  If not, they go so far as to suggest that a person should sell their land before breaking a vow.  In some situations, the courtyard in question would be part of a synagogue.  This is discussed.

The daf ends with a discussion of ownership.  If a person is collecting rent from a property, s/he may be permitted to retain a portion of that income.  Maintaining a yearly rental fee seems to be permitted as well.


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