Nedarim 45 נדרים

If you wish, say instead: That baraita, in which it is taught that the item does not leave the possession of the owner until it enters the possession of another, is referring to a case where one declared it ownerless before two people; and this baraita, in which it is taught that the item is ownerless when it is declared ownerless, is referring to a case where one declared it ownerless before three people. As Rabbi Yoḥanan said in the name of Rabbi Shimon ben Yehotzadak: With regard to anyone who declares an item ownerless before three people, that item is ownerless; if he does so before two people, it is not ownerless.

אִיבָּעֵית אֵימָא: הָא דְּאַפְקְרֵיהּ בְּאַנְפֵּי תְרֵין, וְהָא דְּאַפְקְרֵיהּ בְּאַפֵּי תְלָתָא. דְּאָמַר רַבִּי יוֹחָנָן מִשּׁוּם רַבִּי שִׁמְעוֹן בֶּן יְהוֹצָדָק: כׇּל הַמַּפְקִיר בִּפְנֵי שְׁלֹשָׁה — הָוֵי הֶפְקֵר, בִּפְנֵי שְׁנַיִם — לָא הָוֵי הֶפְקֵר.

And Rabbi Yehoshua ben Levi said: By Torah law, even with one person, the item is ownerless, and what is the reason that the Sages said that ownerless status must be declared with three people? It is so that one will take possession of the item and two will testify that the item was declared ownerless and that it was acquired by that person. It is not a requirement fundamental to the declaration of ownerless status.

וְרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי אָמַר: דְּבַר תּוֹרָה אֲפִילּוּ בְּאֶחָד — הָוֵי הֶפְקֵר, וּמַה טַּעַם אָמְרוּ בִּשְׁלֹשָׁה, כְּדֵי שֶׁיְּהֵא אֶחָד זוֹכֶה וּשְׁנַיִם מְעִידִין.

(no English for this segment)

הַדְרָן עֲלָךְ אֵין בֵּין הַמּוּדָּר

MISHNA: Partners who vowed not to derive benefit from one another are prohibited from entering into a courtyard that they jointly own, since each one has a portion in it and benefits from the share owned by the other, thereby leading to a violation of the vow. Rabbi Eliezer ben Ya’akov says: It is permitted for both to use the courtyard, as it can be said that since each has a portion in the courtyard; this one enters into his own portion and that one enters into his own portion.

הַשּׁוּתָּפִין שֶׁנָּדְרוּ הֲנָאָה זֶה מִזֶּה — אֲסוּרִין לִיכָּנֵס לֶחָצֵר. רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר: זֶה נִכְנָס לְתוֹךְ שֶׁלּוֹ, וְזֶה נִכְנָס לְתוֹךְ שֶׁלּוֹ.