Beitzah

[if he said,] Behold, thou art herem, to thee, the vower is forbidden;1 [if he said,] Behold, I am [herem] to thee, and thou to me, both are forbidden to benefit from one another; but [to both] is permitted the use of things that belong to them that came up from Babylon, but the use of things that belong to the citizens of that town is forbidden to both.2 And the following are the things which belong to them that came up from Babylon: The Temple Mount, the [Temple] Chambers, the [Temple] Courts, and a well in the middle of the road.3 The following belong to [the citizens of] that town: The market-square, the Synagogue, and the bath-house.4 Now if you say that a well is held jointly, then why is it permitted? Surely we have learnt: Partners who vowed not to derive benefit from one another may not enter their [common] court-yard to bathe in the well!5 — To bathe in it is indeed [not allowed], but we are treating here of drawing [water]; the one draws of his own and the other draws of his own.6 Does then R. Nahman hold the rule of bererah, but we have learnt: Brothers who are [also] partners,7 when they are liable to surcharge8 they are exempt from cattle-tithe, and when they are liable to cattle-tithe9 they are exempt from the surcharge.10 And in this connection R. ‘Anan said: This11 was taught only in the case when they divided goats for lambs and lambs for goats;12 but if they divided goats for goats and lambs for lambs,13 we say, each receives his share which was designated for him at the very beginning.14 While R. Nahman said: Even if they divided goats for goats and lambs for lambs, we do not say each receives his share which was designated for him at the very beginning!15 — Rather, all agree that the well is ownerless, but they dispute here with respect to the case of one who picks up a lost article on behalf of his neighbour; one is of the opinion that he [the neighbour] acquires title [to it], and the other is of the opinion that he does not acquire [it].16 MISHNAH. IF ONE HAS HIS PRODUCE IN ANOTHER TOWN, THE INHABITANTS OF WHICH HAVE MADE AN ‘ERUB IN ORDER TO BRING TO HIM SOME OF HIS PRODUCE, THEY MAY NOT BRING IT TO HIM;17 BUT IF HE HIMSELF MADE AN ‘ERUB, HIS PRODUCE IS LIKE HIMSELF.18 any claim therein. This answer therefore assumes the law of bererah, v. Glos. of their father, are liable to tithe those cattle that were born when their goods were still undivided. an agio, i.e., a kind of premium or surcharge to cover a possible deficiency in the value of the half shekel, since the value of coins depended on their weight. If two partners combine to pay a whole shekel, they still each have to pay the extra agio. On the other hand, a father can give a whole shekel for his two sons without any extra agio. If two brothers have come into the inheritance of their father, they are regarded as brothers, i.e., as successors of a property belonging to one individual, so that they would be liable for cattle-tithe and exempt from the agio, as their father would have been. If they divide the inheritance and afterwards become partners, they are regarded as partners both in respect of the cattle-tithe and of the agio. the estate the brothers are no longer regarded as heirs. partners. inheritance designated for him, so that they are still regarded as heirs with respect to the estate though it had been divided. the law of bererah. the other opinion it belongs to the drawer. For since the well has the legal status of being ownerless, water drawn from it is like something found. inhabitants set an ‘erub in order to visit him, they must not bring him of his fruit.