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Babylonian Talmud: Tractate Nedarim
IF ONE SAYS TO HIS NEIGHBOUR etc. Abimi1 propounded: What [if one says to his neighbour.] 'Konam, if you enter this house,' and then he sells it or dies: Can one prohibit that which he owns [for the prohibition] to be effective even when it leaves his ownership, or not? — Said Raba, Come and hear: If one says to his son, 'Konam that you benefit not from me,' and he dies, he is his heir. [But if he explicitly stipulates] during his lifetime and he dies, he does not succeed him. This proves that one can prohibit that which he owns [for the prohibition] to hold good when it leaves his ownership. The proof is conclusive.
We learnt elsewhere: [If one says.] 'Konam be these fruits to me,' or, 'Be they konam for my mouth,' or, 'Be they konam to my mouth': he is forbidden [to benefit] from what has been exchanged for them or grown from them.2 Rami b. Hama propounded. If he vows, 'Konam be these fruits to So-and-so', what of their exchange? Do we say, With respect to oneself, since he can forbid to himself [even] his neighbour's property, he can [likewise] forbid to himself what is not yet in existence;3 but as for his neighbour, since one cannot prohibit another's produce to his neighbour, he likewise cannot prohibit what is non-existent;
Nedarim 47bor perhaps since what is taken in exchange is the same as what grows from its seed, there is no difference between oneself and his neighbour?1 — Said R. Aha b. Manyumi, Come and hear: If a man says to his wife, 'Konam, if I benefit thee,' she may borrow [money], and the creditors come and exact it from him. Why can the creditors collect it [from him]: surely because what is taken in exchange is not the same as what grows from them?2 Said Raba, possibly it is forbidden [to make an exchange] in the first place only, but if it has been done, it is valid.3 But come and hear: If a man betroths [a woman] with 'orlah,4 she is not betrothed; but if he sells it and betroths her with the money thereof, she is betrothed!5 — [No.] Here too it may be forbidden in the first place only, but if done it is valid.
MISHNAH. [IF A MAN SAYS TO HIS NEIGHBOUR.] 'I AM HEREM TO YOU,' THE MUDDAR IS FORBIDDEN [TO DERIVE BENEFIT]. 'YOU ARE HEREM TO ME,' THE MADDIR IS FORBIDDEN. I AM [HEREM] TO YOU, AND YOU ARE [HEREM] TO ME, BOTH ARE PROHIBITED. BOTH ARE PERMITTED [TO ENJOY THE USE OF] THOSE THINGS WHICH BELONG TO THOSE WHO CAME UP FROM BABYLON [TO PALESTINE],6 BUT ARE FORBIDDEN [THE USE OF] THINGS THAT BELONG TO THAT TOWN.7
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