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Nedarim 46

NEDARIM 46 - has been dedicated in memory of Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer) at the completion of the Shiv'a, by her grandchildren Rachel and Oz Mandelbort and her great-grandchildren, Yisroel Aryeh and Talya. Her Yahrzeit: 25 Av 5760.

1) [line 10] BEIS HA'BAD - an olive press
2) [line 11] TEFISAS YAD - possession; i.e. a well that he may use or a share in the profits


3) [line 1] SHE'YESH BAH KEDEI CHALUKAH - the courtyard is large enough to be divided between the two of them If two people share a courtyard, one can force the other to divide the courtyard between them if each partner receives at least four square Amos after it is divided. Another requirement for the division is that each partner receives four square Amos in front of his doorway. If the courtyard is greater than four Amos in length, then the area that each one receives in front of his doorway must be four Amos by the length of the entire courtyard. (Bava Basra 1:6, SHULCHAN ARUCH Choshen Mishpat 171:3, 172:1)

4) [last line] D'MEKABEL B'TASKA - (a) the tenant received it on the condition that he pay the government taxes (MEFARESH, ROSH, 1st explanation); (b) the tenant received it on the condition that he will pay a fixed rent (as opposed to paying a share of the profits) (RAN, ROSH, 2nd explanation, based on the Girsa D'MEKABEL *B'PASKA*)

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