Nedarim 31a — the Talmud in English

Mishna:

1.

One who vows from those who observe Shabbat—

is forbidden to Israelites and is forbidden to Kutim.

Since the Kutim who converted are also commanded concerning Shabbat and observe it.

2. One who vows

from those who eat garlic

on Friday night—for this is the practice of Israel, to eat garlic on Friday night, since it is the time of conjugal relations, and garlic increases the semen—

is forbidden to Israelites, and is forbidden to Kutim, since the Kutim too maintain this practice of eating garlic on Friday night, even though they are not obligated in it.

3. One who vows

3. One who vows to prohibit himself from

from those who ascend to Jerusalem—

is forbidden to Israelites, and permitted to Kutim.

Since the Kutim ascend to Shechem, and not to Jerusalem.

Gemara:

And we raise it as a difficulty:

What is one who vows from

“

those who observe Shabbat”?

If you say, if it is said that his intention is to forbid himself from deriving benefit

что он намеревался запретить себе получать пользу от «

from “

those who fulfill Shabbat”—

why specifically, then, did the tanna state that he is forbidden to Israelites and

тогда таннай упомянул, что ему запрещено получать пользу от израильтян и

to Kutim? Since his intention is toward those who fulfill Shabbat,

But since his intention is those who observe Shabbat,

even

among

idolaters as well, if they observe Shabbat, he should be forbidden to derive benefit from them!

если они соблюдают Шабат, ему запрещено получать от них пользу!

And if so, the tanna should have said: “One who vows from those who observe Shabbat—is forbidden among those who fulfill Shabbat,” since this wording also includes those gentiles who observe Shabbat; and why did the tanna state, “One who vows from those who observe Shabbat—is forbidden,” whose meaning is that he is forbidden only among Israelites and Kutim, but not among gentiles who observe Shabbat?!

And we answer:

Rather, one who vows from “those who observe Shabbat” intends to vow a prohibition against deriving benefit only

от

from

those who are

commanded concerning Shabbat.

And only Israelites and Kutim are commanded concerning Shabbat, but idolaters are not.

And we raise an objection:

If so, that a person forbids deriving benefit with this wording from those who are commanded concerning the matter,

say the latter clause: One who vows

One who vows to prohibit himself from

from those who ascend to Jerusalem—

is forbidden to Israelites, and permitted to Kutim.

And

why are they permitted among Kutim?

But Kutim

кути не

are commanded

to make the pilgrimage

are they not!

Abaye said: Our Mishna

is teaching a case of one who vows to derive no benefit from one who is

commanded and performs

it teaches, and therefore—

in the first two clauses, in the first two clauses of the Mishna, concerning those who observe Shabbat and those who eat garlic on Friday nights—

в двух первых положениях Мишны — о соблюдающих Шабат и едящих чеснок в ночь Шабата, —

Israelites and Kutim are commanded

and perform, and therefore he is forbidden among them, whereas

поэтому ему запрещено получать пользу от них; а

idolaters, those who perform it, those who do this, are in the category of

относятся к категории

“they perform but are not commanded,” and the intention of the one who vows is not to forbid deriving benefit from them.

But in the last clause,

concerning those who ascend to Jerusalem—

only Israelites

are

commanded and perform, whereas

тогда как

Kutim are commanded but do not perform, since they do not ascend to Jerusalem, because they exchanged Jerusalem for Shechem.

Mishna:

One who says: “

A konam that I derive no benefit from the sons of Noah”—

is permitted among Israelites, for they are called “the seed of Abraham,” and are not called “the sons of Noah,”

поскольку их называют «потомством Авраама» и не называют «сынами Ноаха»,

and is forbidden among idolaters, who are called “the sons of Noah.”

которых называют сынами Ноаха.

For only gentiles are called “the sons of Noah,” but not Israelites, even though the Children of Israel too are descendants of Noah.

Gemara:

And we raise it as a difficulty:

And Israelites—

do they go out

то есть выходят ли они

from the category of “

the sons of Noah”? They too are descendants of Noah!

After all, the Israelites too are descendants of Noah!

And we answer:

Since Abraham was sanctified, as he was called “My beloved” —

поскольку он был назван «возлюбленным» ,

they were called the Children of Israel

сыновья Израиля

by his name, by the name of Abraham, and they are no longer called the sons of Noah.

Mishna:

One who says: “A konam

that I derive no benefit from the seed of Abraham” \-

is forbidden among Israelites, and permitted among idolaters.

Gemara:

And the Gemara raises a difficulty:

But there is Ishmael, who too is the seed of Abraham; and why is he forbidden only among Israelites and not among the descendants of Ishmael!

который также является потомством Авраама. Почему же запрет распространяется только на израильтян, но не на сыновей Измаила?!

And we answer: Because the Holy One, blessed is He, said to Abraham [Genesis 21]: “

For through Isaac shall seed be called for you,”

it is written. Only through Isaac shall seed be called for you, and not through Ishmael! And we further raise it as a difficulty:

Только через Ицхака будет названо тебе потомство, но не через Измаила! И мы продолжаем разбирать:

But there is Esau, who is the seed of Abraham and also of Isaac!

который является потомком и Авраама, и Ицхака!

And we answer: The verse says: “For ‘through Isaac’ shall seed be called for you”!

The verse teaches that only

through

part of

Isaac, through Jacob, shall seed be called for you.

And not through

в

all of Isaac shall seed be called for you—to exclude Esau.

Mishna:

In this Mishna it is explained that buying and selling too are forbidden to one from whom deriving benefit is forbidden, since the buyer and the seller have benefit in the buying or selling, according to the types of transaction explained below.

And therefore the Mishna provides a way for buying and selling for one from whom deriving benefit is forbidden, in a manner in which there is no benefit to the seller or the buyer when deriving benefit is forbidden to them.

And there are three types of transactions: zavina harifa, zavina metzi’a, and zavina deramya al apei.

Zavina harifa is a transaction in merchandise in demand in the market, which sells well; and in such a transaction, the benefit of the transaction belongs to the buyer.

Zavina metzi’a is a transaction in average merchandise, which sells ordinarily; and the benefit of the transaction belongs equally to the seller and the buyer.

Zavina deramya al apei is a transaction in merchandise for which there is no demand, from which the seller is happy to be rid.

One who says: Konam

that I derive no benefit from Israelites—

when he

buys, and has benefit from the purchase, if he comes to buy an object from another Israelite, he pays him

и получает пользу от покупки, то, если он хочет приобрести предмет у другого израильтянина, он платит ему

a

higher

than

the ordinary price in the market among gentiles, so that he will not benefit from this purchase from the Israelite.

And if he

если он

sells an object to another Israelite, he sells it

предмет другому израильтянину, он продает его

at a price that is

цене

less

than the ordinary price, so that he will not benefit from selling it to the Israelite.

And if he said: Konam

that Israelites derive benefit from me [from me]—

(from me)—

there is no remedy for him, unless he

buys from them

у них

for less than the price, so that they will not benefit from selling to him,

рыночной цены, чтобы они не получили пользу от продажи ему, и

and sells to them

им

for more, so that they will not benefit from buying from him.

And the Israelites

израильтяне

do not heed him by buying from him at a high price or selling to him cheaply!

покупать у него дорого или продавать ему дешево!

That is, he has no remedy.

One who says: Konam

that I derive no benefit from them, from

Israelites,

and they do not derive benefit

from me—

let him derive benefit from idolaters.

And the innovation of the Mishna is that it should not be said that this is a futile vow, since he cannot uphold it, and it is like one who swore not to sleep for three days, whom they flog and he sleeps immediately, for he can derive benefit from idolaters.

Gemara:

Shmuel said: One who takes a vessel from a craftsman in order

для того, чтобы

to examine it, and if he finds that it suits him he will pay its value, and if not he will return it to the seller,

а если обнаружит, что он ему подходит, заплатит его стоимость, а если нет — вернет его продавцу,

and it was forced upon the vessel

in his possession—

he is liable to pay the seller its value [whether because of the purchase price, or because he is liable for accidents as a borrower, as will be explained in the following note].

заплатить продавцу его стоимость [либо как покупательную цену, либо потому, что он обязан отвечать за случайные повреждения как безвозмездно пользующийся, как будет разъяснено в следующем примечании].

And the Gemara infers:

Apparently, it is proven from these words of Shmuel that

this is evident from these words of Shmuel:

he holds that the benefit of the transaction

is the buyer’s benefit.

And because of the benefit of the transaction he becomes liable to pay its value when it was forced [as will be explained in the note].

And the Gemara raises an objection from our Mishna, for

we learned in it:

One who says: Konam

I prohibit myself from benefiting from

that I derive no benefit from Israelites—

he sells to them

to them

for less than the price.

the price.

And it is proven from it that specifically selling for less was permitted to the seller who forbade himself from deriving benefit from Israelites,

but selling to them

продавать им

at equal value, at the market price—

the market price—

was not permitted to him, since he benefits from the sale.

разрешено, поскольку он получает пользу от продажи.

But if, if it is said that the benefit of the transaction

сказать, что польза от сделки —

is the buyer’s benefit—

then

even at equal value it should be permitted to sell to him, since the seller does not benefit from the transaction, but the buyer does!

And we answer:

The Mishna, our Mishna, is speaking

то есть наша Мишна, говорит

of a transaction that is “

lying on its face,” [as though it were lying “on its face”], meaning an object that is difficult for the seller to sell; therefore, if a buyer happens to come to him, the benefit of the transaction belongs to the seller, and only if he sells it for less than its value does he have no benefit! And one cannot raise an objection from our Mishna against Shmuel, who is speaking of a transaction of zavina harifa, of merchandise in demand, in which the benefit of the transaction is the buyer’s benefit, and therefore the buyer becomes liable for accidents involving the object.

And the Gemara raises a difficulty:

If so, that our Mishna is speaking of “zavina deramya al apei,”

a transaction of merchandise lying on its face,”

say the first clause: The one from whom deriving benefit from Israelites is forbidden

One who is prohibited by a vow from benefiting from Israelites

buys from them

from them

for more than the price, so that he does not benefit from them! And why must he buy for more than the price in order not to benefit, when even if he buys at the equal price he will not benefit from the purchase, since he is acquiring something that is zavina deramya al apei, which is difficult for the seller to be rid of, and the benefit of this transaction belongs to the seller and not to the buyer!

рыночной цены, чтобы не получить от них пользу! Но зачем ему покупать дороже, чтобы не получить пользу? Ведь даже если он купит по обычной цене, он не получит пользы от покупки: он приобретает залежавшийся товар, от которого продавцу трудно избавиться, и пользу от такой сделки получает продавец, а не покупатель!

And further, say the latter clause: One who says, “Konam

получать пользу

that Israelites derive benefit from me”—

buys from them

from them

for less, so that Israelites will not benefit from him,

чтобы израильтяне не получили пользу от него,

and sells to them

to them

for more, so that they will not benefit from buying from him.

чтобы они не получили пользу от покупки у него.

But if our Mishna is speaking

наша Мишна говорит

of zavina deramya al apei—

even at equal value it should be permitted for him to sell to them, since he is the one who benefits from the sale of the transaction and not the buyers, whereas in his vow he forbade their deriving benefit from him, and here the buyers do not benefit from him!

And we answer: The first clause is speaking of zavina deramya al apei.

Whereas

the latter clause is speaking

Мишны говорит

of zavina harifa, in which the merchandise is in demand, and the benefit of the buyer is in acquiring it.

который востребован, и покупатель получает пользу от его приобретения.

And we raise a difficulty:

If so, that the latter clause is speaking of zavina harifa, the following difficulty arises: Why does the one who forbade his benefit to them, who forbade them from deriving benefit from him,

buy from them

from them

for less, so that they will not benefit when they sell to him? For in zavina harifa the benefit of the transaction belongs to the buyer and not to the seller, and if so, when the Israelites sell to him and he is the buyer—

even at equal value it should be permitted for them to sell to him, since he is the one who benefits and not they!?

ему было бы разрешено покупать: ведь пользу получает он, а не они!