Soncino English Talmud
Nedarim
Daf 31a
MISHNAH. HE WHO VOWS [NOT TO BENEFIT] FROM THOSE WHO REST ON THE SABBATH, IS FORBIDDEN [TO BENEFIT] BOTH FROM ISRAELITES AND CUTHEANS. IF HE VOWS [NOT TO BENEFIT] FROM GARLIC EATERS, HE MAY NOT BENEFIT FROM ISRAELITES AND CUTHEANS; FROM THOSE WHO GO UP TO JERUSALEM, HE IS FORBIDDEN [TO BENEFIT] FROM ISRAELITES BUT FROM CUTHEANS HE IS PERMITTED. GEMARA. What is meant by 'THOSE WHO REST ON THE SABBATH'? Shall we say, 'those who observe the Sabbath,' why particularly Cutheans: even heathens [if they observe the Sabbath] too? Hence It must mean 'those who are commanded to observe the Sabbath.'' If so, consider the last clause: FROM THOSE WHO GO UP TO JERUSALEM, HE IS FORBIDDEN [TO BENEFIT] FROM ISRAELITES BUT FROM CUTHEANS HE IS PERMITTED. But why so: are they not commanded too? — Sand Abaye: In both clauses the reference is to those who are commanded and fulfil [their obligations]. Hence, in the first clause, both Israelites and Cutheans are commanded and observe [the Sabbath]; but those heathens who rest on the Sabbath do so without being obliged to. As for making pilgrimages to Jerusalem, Jews are commanded and observe it; but Cutheans, though commanded, do not. MISHNAH. [IF ONE SAYS,] 'KONAM THAT I DO NOT BENEFIT FROM THE CHILDREN OF NOAH,' HE MAY BENEFIT FROM ISRAELITES, BUT NOT FROM HEATHENS. GEMARA. But are then Israelites excluded from the children of Noah? — Since Abraham was sanctified, they are called by his name. MISHNAH. [IF ONE SAYS, 'KONAM] THAT I DO NOT BENEFIT FROM THE SEED OF ABRAHAM,' HE IS FORBIDDEN [TO BENEFIT] FROM ISRAELITES, BUT PERMITTED [TO BENEFIT] FROM HEATHENS. GEMARA. But there is Ishmael? — It is written, for in Isaac shall thy seed be called. But there is Esau? — 'In Isaac', but not all [the descendants of] Isaac. MISHNAH. [IF ONE SAYS, 'KONAM] THAT I DO NOT BENEFIT FROM ISRAELITES', HE MUST BUY THINGS FROM THEM FOR MORE [THAN THEIR WORTH] AND SELL THEM FOR LESS. [IF HE SAYS, 'KONAM] IF ISRAELITES BENEFIT FROM ME, HE MUST BUY FROM THEM FOR LESS AND SELL FOR MORE [THAN THEIR WORTH], BUT NONE NEED CONSENT TO THIS. THAT I MAY NOT BENEFIT FROM THEM, NOR THEY FROM ME, HE MAY BENEFIT ONLY FROM HEATHENS. GEMARA. Samuel said: If one takes an article from an artisan on approval, and whilst in his possession it is accidentally damaged, he is liable for it. Hence we see that in his view the benefit is on the side of the buyer. We learnt: [IF ONE SAYS, 'KONAM] THAT I DO NOT BENEFIT FROM ISRAELITES,' HE MUST … SELL THEM FOR LESS. Hence he may not sell at its actual worth: but if the purchaser benefits [not the vendor], why not sell at its actual worth? — The Mishnah refers to an unsaleable article. If so, consider the first statement: HE MUST BUY FOR MORE THAN THEIR WORTH. Moreover, consider the second clause: [IF HE SAYS, 'KONAM] IF ISRAELITES BENEFIT FROM ME,' HE MUST BUY FROM THEM FOR LESS AND SELL FOR MORE THAN THEIR WORTH. But if this refers to unsaleable merchandise, even [to sell] at its actual worth [should be permitted]? — The second clause refers to 'keen' merchandise. If so, why must he purchase at a lesser [price]; he may even pay the full value? —
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Mesoret HaShas