Talmud - Nedarim 56a נדרים נ״ו א׳

MISHNA: For one who vows that a house is forbidden to him, entry is permitted for him in the upper story of the house; this is the statement of Rabbi Meir. And the Rabbis say: An upper story is included in the house, and therefore, entry is prohibited there as well. However, for one who vows that an upper story is forbidden to him, entry is permitted in the house, as the ground floor is not included in the upper story.

GEMARA: The Gemara asks: Who is the tanna who taught with regard to the halakhot of leprosy that in the verse “it appears to me as it were a plague in the house” (Leviticus 14:35), the term “in the house” comes to include the gallery, a half story above the ground floor, and “in the house” comes to include the upper story? Rav Ḥisda said: The tanna is Rabbi Meir, as, if the tanna were the Rabbis, didn’t the Rabbis say that a second story is included in the house? Why then do I need the verse containing the phrase “in the house” to include the second story?

Abaye said: Even if you would say that the tanna is the Rabbis, they too require a verse to include the second story in this case, as it might enter your mind to say that since it is written: “In a house of the land of your possession” (Leviticus 14:34), only that which is attached to the ground has the status of a house but with regard to a second story, that is not attached to the ground. Even according to the Rabbis, the verse is necessary to prevent the conclusion that the legal status of a second story is not that of a house with regard to leprosy.

The Gemara asks: In accordance with whose opinion is that which Rav Huna bar Ḥiyya said in the name of Ulla? If the seller says to the buyer: A house in my house I am selling to you, he may show the buyer that he purchased the second story [aliyya]. The Gemara infers: The reason is that the seller said to him: A house in my house I am selling to you. However, if he sold him a house, unspecified, he may not show him a second story. Let us say that this is the opinion of Rabbi Meir, who states that the second story is not included in the house. The Gemara rejects this claim: Even if you would say that it is in accordance with the opinion of the Rabbis, what is the meaning of the term aliyya in this context? It does not mean second story; it means the most outstanding of the houses. Rav Huna bar Ḥiyya said in the name of Ulla that when one says a house in my house, he must show him the most outstanding part of his house. However, if he sold him a house without specification, he may show him a second story.

MISHNA: For one who vows that a bed is forbidden to him, it is permitted to lie in a dargash, which is not commonly called a bed; this is the statement of Rabbi Meir. And the Rabbis say: A dargash is included in the category of a bed. Everyone agrees that for one who vows that a dargash is forbidden to him, it is permitted to lie in a bed.

GEMARA: The Gemara asks: What is a dargash? Ulla said: It is a bed of good fortune, placed in the house as a fortuitous omen, and not designated for sleeping. The Rabbis said to Ulla: That which we learned in a mishna: When the people serve the king the meal of comfort after he buries a relative, all the people recline on the ground and the king reclines on a dargash during the meal. According to your explanation, during the entire year he does not sit on the bed; on that day of the funeral he sits on it? Ravina objects to the question of the Rabbis: This anomaly is just as it is with regard to meat and wine, as throughout the entire year if he wishes he eats them, and if he wishes he does not eat them; on that day of the funeral, we give him meat and wine in the meal of comfort.

Rather, this is difficult, as it is taught in a baraita with regard to the custom of overturning the beds in the house of a mourner: With regard to a dargash in his house, the mourner would not overturn it, but he merely stands it on its side. And if you say that a dargash is a bed of fortune, isn’t it taught in a baraita: A mourner who is required to overturn his bed is required to overturn not only his own bed, but to overturn all of the beds that he has inside his house, even those not used for sleeping. Why, then, is he not required to overturn the dargash? The Gemara rejects this contention: This is not difficult;

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Nedarim 56a explores whether vowing against a house includes its upper story, linking this debate to biblical leprosy laws and property sale terms.