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NEDARIM 48

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12TH CYCLE DEDICATION
NEDARIM 48 (1 Adar) - dedicated in memory of Mordecai (Marcus) ben Elimelech Shmuel Kornfeld, who perished in the Holocaust along with most of his family. His Yahrzeit is observed on 1 Adar. May his death and the deaths of the other Kedoshim of the Holocaust atone for the sins of Klal Yisrael like Korbanos.

SUMMARY

If two people make a Neder not to benefit from each other they are permitted to benefit from items of the Olei Bavel such as the Har ha'Bayis, Azaros and wells in the middle of the road. (1)
 
They are forbidden to benefit from things that are owned by the townspeople such as a bathhouse and the Beis ha'Keneses. (2)
 
If the people who made the Neder write off their portion in the city's structures to the Nasi or to anyone else they are permitted to benefit from the structures.
 
Rebbi Yehudah says that if they give their portion to the Nasi no Kinyan is required but the Chachamim argue.
 
Rebbi Yehudah says that the people of Galil are confrontational people who make Nedarim so their ancestors already wrote off their portions in the city's structures to the Nasi.
 
If a person who made a Neder not to benefit from his friend does not have anything to eat, the friend may give a food item to another person as a gift and it then may be given to him.
 
The Chachamim say that any gift that is not a real gift and does not allow the recipient to be Makdish it is not regarded as a gift. (3)
 
According to one version Rava says that even if he gives a gift and he says that he is giving it to someone so that his father can attend, it is not a gift. (4)
 
Pumbedisa says that someone who is Koneh on condition to be Makneh it to someone else is not Koneh, but Rebbi Nachman argues.
 
Rebbi Nachman says that a Kinyan Sudar is a Kinyan on condition to be Makneh to someone else. (5)
 
Rebbi Ashi says that when a person makes a Kinyan Sudar the Makneh may keep the Sudar. (6)

A BIT MORE

1. The Olei Bavel were Mafkir these things for all of Klal Yisrael.
 
2. Since they are owned in partnership by the residents if they benefit from them they will be benefiting from their friend.
 
3. If someone is marrying off his son and he gives the courtyard and house as a gift and he says that he is only giving it so that his father can attend, it is not a gift.
 
4. Because the Se'udah proves that it is not a legitimate gift.
 
5. The Koneh gives the Sudar to the Makneh and even though the Makneh may not keep the Sudar his Kinyan of the Sudar allows the Koneh to acquire the item that is being given to him.
 
6. Therefore even according to the opinion that Kinyan on condition to be Makneh is not a valid Kinyan a Kinyan Sudar is a valid Kinyan.

BRIEF INSIGHT

BLOWING SHOFAR AND USING SEFARIM
 
If two people make a Neder not to benefit from each other they are forbidden to benefit from things that are owned by the people of the city, such as Sefarim. The Shach explains that even though if one prohibits his friend from benefiting from his Shofar the friend may blow a Teki'as Mitzvah from the Shofar, this is because Mitzvos were not given for Hana'ah. Sefarim, however, are different because you are not obligated to lend out Sefarim and it is permitted to rent them and take money for the rental, consequently if he uses it for free he is benefiting from you.

QUICK HALACHAH

PROHIBITIING THE BEIS KENESES
 
If two people make a Neder not to benefit from each other they are forbidden to benefit from each other but are permitted to benefit from items that the entire Klal Yisrael are partners in. These include item of the Olei Bavel such as the Har ha'Bayis and Azaros. They are forbidden to benefit from items that the townspeople are partners in such as the Beis ha'Keneses, the Teivah and Sefarim.
 
However the Chachamim instituted a Takanah that a person may not prohibit his portion in the Beis ha'Keneses or Sefarim on his friend and if he does so it is not effective. (Shach)

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