Ask A Question on the daf

Previous daf

1) HOW VOWS AFFECT PARTNERSHIPS

(a) Both partners are forbidden to set up in the courtyard a grinder, oven, or to raise chickens;
(b) If only Reuven was forbidden by a vow to benefit from his partner, he may not enter the courtyard; R. Eliezer Ben Yakov permits him, for he can say that he is entering his portion;

1. We force the one who vowed to sell his portion.

(c) If someone else (not a partner) was forbidden to benefit from one of the partners, he may not enter the courtyard; R. Eliezer Ben Yakov permits him, for he can say that he is entering the other partner's portion.
(d) Reuven vowed not to get benefit from Shimon; Shimon has a bathhouse or olive press rented out.

1. If Shimon still has control on it, Reuven may not use it; if he does not, Reuven may use it.

(e) Reuven said to Shimon 'It is forbidden for me to enter your house or buy your field' - if Shimon died or sold them, Reuven is permitted;
(f) If Reuven said 'It is forbidden for me to enter this house or buy this field' - if the owner died or sold them, Reuven is forbidden.

(a) (Gemara): Chachamim and R. Eliezer Ben Yakov argue when each partner vowed not to benefit from the other;
(b) Question: Do they argue when each vowed that the other should not benefit from him?

1. Perhaps Chachamim agree that in such a case, they are permitted, for they are Ones (each was forbidden against his will)?
2. Or, perhaps they argue even when they forbade each other.

(c) Answer (Mishnah): If only Reuven was forbidden by (Shimon's) vow ... - and Chachamim argue!
(d) Rejection: That is no proof - the Mishnah reads, 'If only Reuven was forbidden to benefit' (which could mean that Reuven himself vowed).

1. Presumably, this is correct - the Mishnah continues, 'We force the one who vowed to sell his portion.'
2. If Reuven himself vowed, we understand why he must sell his portion.

(e) Question: If Shimon forbade Reuven to get benefit, why should we force Reuven to sell - he is blameless!

(f) Opinion #1 (Rabah): They only argue when the field is large enough that it is standing to be divided; if not, all agree that they are permitted.
(g) Question (Rav Yosef): But a Shul is not standing to be divided, yet a Mishnah teaches that they are forbidden in property of the city!
(h) Opinion #2 (Rav Yosef): They only argue when the field is not large enough that it is standing to be divided; if it is standing to be divided, all agree that they are forbidden.
(i) (Rav Huna and R. Elazar): The law is as R. Eliezer Ben Yakov.
(j) (Mishnah): Reuven vowed not to get benefit from Shimon; Shimon has a bathhouse ...
(k) Question: What is considered having control on it?
(l) Answer #1 (Rav Nachman): Shimon receives 1/2, 1/3, or 1/4 of the profits - but not less than this.
(m) Answer #2 (Abaye): Even if Shimon receives less!
(n) Question: According to Abaye, what is the case when Reuven is permitted?
(o) Answer: Shimon receives a fixed rental.