Shulchan Arukh Yoreh De'ah · Siman 221

English

Laws concerning one who vows against deriving benefit from another. This siman contains fourteen se'ifim. If Reuven prohibited his property to Shimon, or prohibited himself from benefiting from Shimon's property, the person subject to the prohibition may not cross the other's field, even in an open plain during the summer, when people do not object to others walking there. He may not borrow any utensils from him whatsoever. If his vow concerned only food from the other, he is prohibited only from eating what belongs to him. If he said, ‘Benefit from your food is forbidden to me,’ he may not eat what belongs to the other, nor may he chew the other's wheat to place it on his wound; but he may borrow a fine sieve or a coarse sieve from him. If he said, ‘Benefit that leads to food is forbidden to me,’ he may not eat what belongs to the other, but he may chew wheat and place it on his wound. He may not benefit from anything of a kind ordinarily rented out. Something of a kind not ordinarily rented out is permitted if it has no connection to food. But if it has a connection to food—for example, a fine sieve or a coarse sieve, or even a sack in which to bring produce, a donkey on which to bring produce, a horse to ride to a banquet, a ring with which to make an appearance at a banquet, or crossing the other's field to reach a banquet—it is forbidden, even if such things are not ordinarily rented out. It is likewise forbidden for the other to purchase the meal's requirements for him, and he may not warm his hands with the other's loaf. Rema: An axe used to split wood for cooking food is considered a benefit that leads to food, but he may borrow an axe used for weeding. (Beit Yosef in the name of Rabbeinu Yerucham.)

English

When one person is prohibited by a neder (vow) from benefiting from another, the other may pay his debt. Even if the lender held collateral belonging to the debtor, and this other person paid on his behalf and took the collateral, he must return it to the borrower who is subject to the prohibition. (The view of Rashi, Rivash, and Rambam.) The other may support his wife, children, and servants, even his Canaanite servants. But he may not feed his animal, whether of a tamei (non-kosher) or a tahor (kosher) species. He may not teach him Mikra (Scripture), since one may receive payment for this, and by teaching him without charge he would be benefiting him. He may, however, teach him Midrash, halachot, and aggadot, provided that the person subject to the prohibition does not ask the person whose benefit is forbidden to teach him. Nowadays, when one may receive payment even for teaching Midrash, all such teaching is forbidden. However, he may teach the prohibited person's son, even Mikra. He may serve the prohibited person the cup served in a house of mourning and the cup served at a bathhouse. Rema: Some disagree and permit teaching even if the prohibited person asked him to teach him. (Rosh and Tur.) The same applies to any mitzvah matter, except that, in a matter requiring shelichut (agency), such as separating his terumah, he may not act as his agent. (Beit Yosef in the name of Rosh and Rabbeinu Yerucham.)

English

If Reuven prohibited his property to Shimon, he may not give his daughter in marriage to Shimon while she is a minor or a na'arah, because she is still under his authority, and he would be handing Shimon a maidservant to serve him. If, however, Shimon's property is forbidden to Reuven, Reuven may marry Shimon's daughter, even though he thereby releases Shimon from the obligation to support her. One may return the other's lost property, whether the lost property owner's assets are forbidden to the person returning it or the returning person's assets are forbidden to the owner. In a place where payment is taken for returning lost property, if the owner's assets are forbidden to the person returning it, the latter may not accept payment, but must return it without charge. If the returning person's assets are forbidden to the owner, he may not return it without charge. If each person's assets are forbidden to the other, the person returning it may neither accept the payment, since he would thereby benefit, nor forgo it, since he would thereby confer benefit; rather, the payment must go to hekdesh (consecrated property).

English

If Reuven prohibited Shimon from benefiting from him, and Shimon became ill, Reuven may enter to visit him. In a place where people pay someone to sit with a sick person to keep him company, Reuven may not sit with him, but must visit him standing. If it is not customary to pay a physician, Reuven may treat him, even with his own hands, even if another physician is available to treat him. But if it is customary to pay a physician, he may not treat him without charge. He may not treat Shimon's animal, even where it is not customary to pay a physician, but he may tell him, ‘Such-and-such a medicine is good for it,’ and Shimon may prepare it himself. If Shimon does not know how to prepare it, and the animal will die unless he prepares it, the person who imposed the prohibition may prepare it. If Shimon dies, Reuven may bring a coffin and shrouds. If Shimon's son becomes ill, Reuven may enter to him, sit with him, and visit him (standing). If Shimon's property is forbidden to Reuven because Shimon prohibited Reuven from benefiting from his property, and Shimon becomes ill, Reuven may enter to visit him (Ran), but not while seated. If Shimon's son becomes ill, Reuven may not enter at all, but may inquire about him in the marketplace. Reuven may testify for Shimon, who is prohibited from benefiting from him, whether in monetary matters or in capital cases.

English

If Reuven prohibited Shimon from benefiting from him, he may sleep (with him) in a small bed during the summer, but not during the rainy season, because he thereby benefits him. In a large bed it is permitted both during the summer and during the rainy season. He may bathe with him in a large bath, but not in a small one, because he benefits him by raising the water level around him. He may sweat with him even in a small bathhouse. He may recline with him on a couch and eat with him at a table, but not from one bowl, lest he eat from his portion. If the host customarily refills the bowl after they have eaten everything in it, it is permitted. Rema: It is also permitted if the bowl initially contained so much that the remainder is returned to the host. (Beit Yosef in the name of Ran and Ra'avad.) If the two are digging together in a vineyard, he may not dig in the row close to the other, because he benefits him by loosening the ground before him; but at a distance from him it is permitted. He may neither sell to him nor buy from him, neither lend him an object nor lend him money, and neither borrow an object nor borrow money from him.

English

If a person is prohibited by a neder from benefiting from another, and that other person owns a bathhouse and an olive press that are leased out in the town, then, if the owner retains a tefisat yad (retained stake or right) in them, their use is forbidden to the prohibited person. If the owner retains no such interest, their use is permitted. But if he expressly prohibited them to that person, the prohibition takes effect upon them as well.

English

If someone rents a house to another and afterward prohibits the tenant from benefiting from his property, the prohibition does not take effect upon the house he rented to him. If he expressly specified the house, some say that the prohibition takes effect upon it as well. Others say that even if he expressly specified it, he cannot prohibit it through the language of konam, but only through an actual declaration of hekdesh. The tenant, however, may prohibit it, since its rights of use belong to him. One who mortgages property has the status of a landlord, and the holder of the mortgage has the status of a tenant. Rema: One who lends a house to another cannot prohibit it to him during the term of the loan. (Hagahot Maimoniyot, chapter 6.) The borrower may prohibit it to someone else throughout the term of the loan, since it is regarded as his own. (Beit Yosef at the end of this siman, in the name of Rashba.)

English

If someone gives a panel to an artisan to paint, and, after painting it but before receiving payment, the artisan prohibits it to its owner, it remains permitted. When a person is prohibited by a neder from benefiting from another, the person whose benefit is forbidden may say to a shopkeeper, ‘So-and-so is prohibited from benefiting from me, and I do not know what to do.’ The shopkeeper may then give him provisions and afterward receive payment from the person whose benefit is forbidden, if that person wishes to pay him (but he is not obligated to pay him). Likewise, if the person subject to the prohibition has a house to build, a fence to erect, or a field to reap, the other may say to workers, ‘So-and-so is prohibited from benefiting from me, and I do not know what to do.’ They may perform the work for him and then come and receive their wages from the person whose benefit is forbidden, if he wishes to pay them. It is likewise permitted to say, ‘Whoever feeds so-and-so or works for him will not lose out.’ But it is forbidden to say, ‘Whoever hears my voice shall feed so-and-so,’ because this is language of command, making the person like his agent. It is likewise forbidden to say to another individual, ‘If you feed so-and-so, you will not lose out,’ because, since he says this to a particular individual, that person appears to be his agent.

English

If they were traveling on the road and the person subject to the prohibition had nothing to eat, the other may give food to a third person as a gift, and the prohibited person may benefit from it. If no third person is with them, he may place it on a rock and say, ‘This is hefker (ownerless), available to anyone who wishes,’ and the other may take it and eat. When does this apply? When he gives it to another as an outright gift without qualification. But if he says to his fellow, ‘The meal is given to you as a gift, and let so-and-so, who is prohibited from benefiting from me, come and eat the meal with you,’ it is forbidden. Moreover, even if he gives it without qualification and afterward says, ‘Would you like so-and-so to come and eat with you?’ it is forbidden if his eventual conduct reveals his original intent—that he gave it only on condition that so-and-so come and eat. For example, this applies where it was a large banquet and he wanted his father, his teacher, or someone similar, who was prohibited from benefiting from him, to come and eat at his banquet, since the banquet itself demonstrates that he did not fully intend to transfer ownership. The same applies to all comparable cases.

English

Someone who swore a shevuah (oath) or made a neder not to speak with his fellow may write him a letter, (or) speak with someone else while that fellow listens.

English

If someone prohibited his book to his fellow, the person subject to the prohibition may not study from it.

English

A person prohibited by a neder from benefiting from another may not benefit from his glowing coal, but may benefit from his flame. When one person is prohibited by a neder from benefiting from another, the other may sound a shofar blast for him in fulfillment of a mitzvah. Rema: When one person is prohibited by a neder from benefiting from another, the other may slaughter a healthy animal for him, but not one in danger of dying. (So is implied by Beit Yosef in the name of Ohel Mo'ed.)

English

One who is prohibited by a neder from benefiting from a shofar may sound it in fulfillment of a mitzvah. One who is prohibited by a neder from benefiting from a spring may immerse in it for a mitzvah during the rainy season, but not during the summer. (Repeated in siman 217, se'if 26.)

English

If someone is prohibited by a neder from benefiting from his fellow, and that fellow gives him a lulav with which to fulfill the mitzvah on condition that he return it, he fulfills his obligation on the second day, but does not fulfill it on the first day.