1)PARTNERS WHO VOWED FROM EACH OTHER (cont.)

(a)(Continuation of Mishnah): Both partners are forbidden to set up in the courtyard a mill or oven, or to raise chickens;

(b)If only Reuven was Mudar Hana'ah from his partner, he may not enter the courtyard;

(c)R. Eliezer ben Yakov permits him, for he can say that he enters his portion;

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

(d)If someone else (not a partner) was Mudar Hana'ah from one of the partners, he may not enter the courtyard;

(e)R. Eliezer ben Yakov permits, for he can say that he enters the other partner's portion.

(f)If Reuven is Mudar Hana'ah from Shimon, and Shimon has a bathhouse or olive press rented out:

1.If Shimon still has control of it, Reuven may not use it. If Shimon does not control it, Reuven may use it.

(g)If 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;

(h)If Reuven said 'it is forbidden for me to enter this house or buy this field', and the owner died or sold them, Reuven is forbidden.

2)IN WHICH CASE DO THEY ARGUE?

(a)(Gemara) Question: Chachamim and R. Eliezer ben Yakov (surely) argue when each partner vowed not to benefit from the other. 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 each forbade the other!

(b)Answer #1 (Mishnah): If only Reuven was Mudar (i.e. Shimon forbade him, he is forbidden).

(c)Rejection (and Answer #2): It should say (Tosfos; Ran - 'Mudar' can also mean) that Reuven was Noder (forbade himself).

(d)Support (for Answer #2 - Mishnah): We force the Noder to sell his portion.

1.Granted, if Reuven himself vowed, we force him to sell his portion. But if Shimon forbade Reuven to get benefit, why should we force Reuven to sell? He is blameless!

46b----------------------------------------46b

(e)Opinion #1 (Rabah): They argue only when the courtyard has Din Chalukah (either of them can force the other to divide it, for each will receive a proper size courtyard). If not, all agree that they are permitted.

(f)Question (Rav Yosef): A Beis ha'Keneses does not have Din Chalukah, yet they are forbidden!

1.(Mishnah): They are forbidden in property of the city!

(g)Opinion #2 (Rav Yosef): They argue only when the does not have Din Chalukah. If it has Din Chalukah, all agree that they are forbidden.

(h)(Rav Huna and R. Elazar): The Halachah follows R. Eliezer ben Yakov.

3)WHAT IS CONSIDERED CONTROL OF A BATHHOUSE?

(a)(Mishnah): If Reuven is Mudar Hana'ah from Shimon, and Shimon has a bathhouse...

(b)Question: What is considered having control of it?

(c)Answer #1 (Rav Nachman): Shimon receives a half, a third, or a quarter of the profits, but not less than this (Ran's text - but not (the right to sell to bathers) eggs.)

(d)Answer #2 (Abaye): It is even if Shimon receives less.

(e)Question: According to Abaye, in which case is Reuven permitted?

(f)Answer: He is permitted when Shimon receives a fixed rental.

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