Nedarim, chapter five, mishnah five. In the previous mishnah we learned that two people who are forbidden by a vow to benefit from one another may still benefit from things called "of those who came up from Bavel," which belong to the entire public that came up from Bavel. But they are forbidden to use things that belong to that particular city, since in those things both of them are considered partners, so that each one would be benefiting from his fellow's share.
"V'eilu hen devarim shel olei Bavel?" - And which are the things of those who came up from Bavel?
The mishnah clarifies which things are public to such a degree that they are considered to belong to the entire public, to all those who came up from Bavel:
"Har haBayis" - the Temple Mount.
"V'ha'azaros" - the courtyards of the Beis HaMikdash.
"V'habor she'b'emtza haderech" - the cisterns located in the middle of the roads.
"V'eilu hen devarim shel osah ha'ir?" - And which are the things of that particular city?
These are the things that belong to the residents of the city, in which the residents are considered partners, and therefore those who have taken vows are forbidden to benefit from them:
"Harechavah" - the central square of the city.
"V'hamerchatz" - the bathhouse.
"U'veis haknesses" - the synagogue.
"V'hateivah" - the holy ark in which the Torah scroll is kept.
"V'hasefarim" - the books, writings and scrolls.
"V'chosev chelko lanasi" - and he writes over his share to the nasi:
This wording seems puzzling at first, and the Gemara explains that it is not a statement of law but a remedy - a prescription for how to repair the situation and allow people to benefit from the city's property. Each of them writes over his share, that is, he transfers in writing his rights in those items belonging to the city, to the nasi, the leader of the community. Once they have transferred their share to him, they no longer have any share in the item, and in this way each of them is able to benefit from it.
The opinion of Rabbi Yehudah:
"Rabbi Yehudah omer: echad kosev lanasi v'echad kosev l'hedyot" - it is not necessary to write specifically to the nasi and leader; one may transfer the share in writing to any other Jew who is not bound by a vow forbidding him that item. If so, "mah bein kosev lanasi l'chosev l'hedyot?" - what is the difference between writing to the nasi and writing to an ordinary person? Why did the Sages use specifically the language of writing to the nasi?
The difference concerns one point: "shehakosev lanasi ein tzarich l'zakos" - one who transfers his share in writing to the nasi is not required to perform an act of acquisition. Because of the importance of the nasi, the Sages ruled that the writing itself suffices, with no act of acquisition at all. But when transferring to an ordinary Jew, an act of acquisition is required.
The opinion of the Sages:
The Sages disagree and say: "echad zeh v'echad zeh tzarich l'zakos" - both for an ordinary Jew and for the nasi one must effect a transfer of ownership through an act of acquisition. And why, then, was the nasi mentioned? "Lo dibru banasi ela baHoveh" - they spoke of the nasi only because that was the common case; people would give their share to the nasi and not to an ordinary Jew.
The people of the Galilee:
Rabbi Yehudah adds a further point: "ein anshei haGalil tzerichin lichtov" - the residents of the Galilee are not required to write over to the nasi their joint share in the city's property, "shekvar kasvu avosam al yadam" - because their fathers already did so on their behalf. The people of the Galilee were accustomed to forbidding one another by vow, and therefore, in order to be able to use the communal items, they were required to hand over their shares in them to the nasi. It turns out that already in a previous generation the nasi received control over those items, and they no longer belong to the individual members of the public but to the nasi.
In summary: in this mishnah we learned which things are "of those who came up from Bavel," from which those bound by vows may benefit - the Temple Mount, the courtyards, and the cistern in the middle of the road; and which things belong to the particular city and are forbidden because of the partnership - the square, the bathhouse, the synagogue, the ark and the books. We also learned the remedy of writing over one's share to the nasi, the dispute between Rabbi Yehudah and the Sages as to whether writing alone suffices without an act of acquisition, and the special ruling regarding the people of the Galilee, whose fathers already wrote on their behalf.