Related%20passage for Nedarim 61:13
סיפא בזבינא חריפא אי הכי לוקח בפחות אפילו שווה בשווה אלא
but not all [the descendants of] Isaac. <b><i>MISHNAH</i></b>. [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.<span class="x" onmousemove="('comment',' Because if he trades on ordinary terms, he is benefiting from them. ');"><sup>10</sup></span> [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.<span class="x" onmousemove="('comment',' I.e., since others are not likely to trade on such terms, in practice he may not trade with them at all. ');"><sup>11</sup></span> THAT I MAY NOT BENEFIT FROM THEM, NOR THEY FROM ME, HE MAY BENEFIT ONLY FROM HEATHENS.<span class="x" onmousemove="('comment',' The point is this. One might think that since it is almost impossible for such a vow to be kept, it is by its very nature invalid; hence it is taught that its observance is not impossible, as he can fall back upon heathens. ');"><sup>12</sup></span> <b><i>GEMARA</i></b>. Samuel said: If one takes an article from an artisan<span class="x" onmousemove="('comment',' Ran reads: from a tradesman. ');"><sup>13</sup></span> 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.<span class="x" onmousemove="('comment',' Trustees are divided into various categories, according to their degrees of responsibility, depending upon the benefit they derive from their trust. Only one who borrows an article is liable for accidental damage, because all the benefit is on his side, the lender receiving nothing in return. Since Samuel rules that the prospective purchaser is liable for accidental damage, it is evident that he puts him in the same category as a borrower, who is the only one to derive benefit. ');"><sup>14</sup></span> 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.<span class="x" onmousemove="('comment',' I.e., something for which there are no buyers. Hence the vendor benefits from the transaction, unless he sells below market price. ');"><sup>15</sup></span> If so, consider the first statement: HE MUST BUY FOR MORE THAN THEIR WORTH.<span class="x" onmousemove="('comment',' But if it is unsaleable, even if he pays no more than its market value, he is not benefiting. ');"><sup>16</sup></span> 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]?<span class="x" onmousemove="('comment',' Since the purchaser does not thereby benefit from him. ');"><sup>17</sup></span> — The second clause refers to 'keen' merchandise.<span class="x" onmousemove="('comment',' Goods in keen demand. ');"><sup>18</sup></span> If so, why must he purchase at a lesser [price]; he may even pay the full value?<span class="x" onmousemove="('comment',' As the vendor does not benefit, since he can easily sell it to someone else. ');"><sup>19</sup></span> —
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