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Laws of Vows and their Release
Laws of Optional Restrictions
Sources
A
It was
taught
in a
baraita
: If one says that food shall be considered
a lamb, for a lamb, like a lamb; enclosures, for enclosures, like enclosures; wood, for wood, like wood; fires, for fires, like fires; the altar, for the altar, like the altar; the Sanctuary, for the Sanctuary, like the Sanctuary; Jerusalem, for Jerusalem, like Jerusalem;
with regard to
all of them,
if he adds:
That which I will eat of yours, it is forbidden.
This is because his intent is that whatever he eats that belongs to the other individual should be forbidden to him like one of these…
Nedarim 13a:9-14b:7
The Gemara asks:
Is he not already under oath from
when each Jew took an oath at
Mount Sinai
to fulfill all the mitzvot? An oath cannot take effect if one is already bound by a different oath.
Rather,
it
teaches us this: It is permitted for a man to motivate himself
to fulfill the mitzvot in this manner, although the oath is not technically valid.
And Rav Giddel said
that
Rav said: One who says: I will rise early and study this chapter,
or:
I will study this tractate, has taken a great vow to the God of Israel…
Nedarim 8a:2-5
Rav Ashi
said to him: We
already
learned
about a similar case: If one
was importuning another that he should eat with him
and the other refused
and said to him: Entering your house is
konam
for me,
or:
A drop of cold
water is
konam
for me, and for
that
reason
I
will not
taste
it with you,
it is permitted
for him
to enter his house and drink cold
water
since he intended it
as a vow
only for the purpose of eating and drinking
a large amount but did not mean literally that he would not drink anything…
Nedarim 21a:5
MISHNA:
For one who says:
This produce is
konam
upon me,
or
it is
konam
upon my mouth,
or
it is
konam
to my mouth,
it
is prohibited
to partake of the produce, or of
its replacements, or
of anything that
grows from it.
If he says: This produce is
konam
for me, and for
that
reason
I
will not
eat
it,
or
for
that
reason
I
will not
taste
it, it
is permitted
for him to partake of
its replacements or
of anything that
grows from it…
Nedarim 57a:1-2
MISHNA:
Unspecified vows
are treated
stringently, but their specification,
if specification is necessary, is treated
leniently. How so?
If one
said: This
item is prohibited
to me like salted meat,
or: This item is prohibited to me
like
the
wine
used for
libations, if he vowed in reference to
meat or libations
of a peace-offering,
i.e., if he claimed that his intention was that the item will be forbidden to him like the salted meat of an offering, or like wine that is used for libations on the altar…
Nedarim 18b:1-6
Rabbi Yehuda said:
There was
an incident
where one took such a vow
and Rabbi Tarfon prohibited us from
even
eggs that were cooked with
meat. The Rabbis
said to him: Indeed so,
but
when
is this the
halakha
?
When he says: This meat is
forbidden
to me,
referring to a specific piece of meat. This is
because
in the case of
one who vows
that
an item
is forbidden
to
him,
and it becomes mixed into another
item…
Nedarim 52a:2
Rava said
that
Rav Naḥman said:
The
halakha
is that it is permitted for a halakhic authority to
broach
dissolution based on
regret, and
that
one
also
attends to
a request to dissolve a vow in which the name of
the God of Israel
is invoked. §
Rava praised
his student
Rav Seḥora to Rav Naḥman
by saying
that he is a great man.
Rav Naḥman
said to him: When
Rav Seḥora
comes to you, bring him to me.
Rav Seḥora
had a vow
that he wanted
to dissolve,
so Rava sent Rav Seḥora to Rav Naḥman…
Nedarim 22b:7-23b:4
But Rav Naḥman said: He does acquire, as an
acquisition by means of
a cloth is
a case of an act of
acquisition
performed only
in order to transfer
ownership. In such a case, one gives another a cloth in order to confer ownership of some other item, but the cloth itself does not assume new ownership. Still, this is an effective means of acquisition. So too, the property of the grandfather may be effectively conferred upon the grandson through the son, without the son acquiring it himself.
Nedarim 48b:3
The Gemara comments:
And
Rav Pappa
disagrees with
the opinion of
Rav Ḥisda, as
demonstrated in the following incident: There was
a certain man who said: I am excommunicated
from
the property of the son of Rav Yirmeya bar Abba. He came before Rav Ḥisda
to ask whether this statement was effective in generating a prohibition or not. Rav Ḥisda
said to him: There is no one who,
in practice,
is concerned for that
opinion
of Rabbi Akiva.
Apparently…
Nedarim 7b:2
There are two categories of vows: The first is to forbid oneself [from benefiting] from entities permitted to him; e.g., he said: "The produce from this-and-this country is forbidden to me for 30 days" or "...forever." "This type of produce is forbidden to me" or "This produce is forbidden." Regardless of the language in which the prohibition is stated, they become forbidden to him, even though there is no oath at all, nor did it mention God's name or a term used to describe Him. Concerning this, the Torah [Numbers 30:3] states: "To cause a prohibition to take effect upon his soul," i.e…
Mishneh Torah, Vows 1-5
MISHNA:
If one says: I take
an oath that I will not sleep,
or:
That I will not speak,
or:
That I will not walk,
this activity is
prohibited
to him. As taught earlier (10a), one of the primary methods of taking a vow is by invoking an offering. The mishna provides several examples where invoking the term
korban
is not effective. If one says:
An offering [
korban
] that I will not eat of yours,
or:
This offering [
ha korban
] that I will eat of yours…
Nedarim 15b:13-16a:3
With regard to one
who says to another: Entering your house is
konam
for me, or: Purchasing your field
is
konam
for me,
then if
he,
i.e., the owner of the house or field,
dies or sells
the house
to another,
it is
permitted
for the one who took the vow to enter the house or purchase the field, as it is no longer in the possession of the prior owner. But if he said:
Entering this house is
konam
for me,
or:
Purchasing this field
is
konam
for me,
then even if the owner
dies or sells it to another…
Nedarim 46a:5-47a:4
Rav Ashi responds:
Actually,
this follows the opinion of
Rabbi Eliezer ben Ya’akov. But do you hold that
in the case here
the host took a vow with regard to the
potential
guest? No,
the case here is
where the
potential
guest caused a vow
to be taken
by the host
and
said to him: Do you invite me to your meal?
The inviter
said to him: Yes.
The invitee then asked him:
Is this vow upon you,
i.e., do you vow to do so? The inviter agreed
and he vowed, and
then
he became sick, or his son became sick…
Nedarim 24a:8
And furthermore, didn’t we learn
in a mishna (
Bava Kamma
108b)
that a person
can
render an item in his possession forbidden
and the prohibition remains in effect
when it leaves his possession?
This is
as we learned
in a mishna, that with regard to
one who says to his son: Benefit from my
property is
konam
for you,
if the father
dies,
the son
will inherit him.
He is not deriving benefit from his father’s property, as after death it is no longer his…
Nedarim 42a:6
In the case of
one who says to his son
in a vow: It is forbidden
like an offering [
konam
],
and for that reason
you may not derive benefit from my property, if
the father then
dies
the son
inherits
from
him,
because it is no longer the father’s property once he dies. The mishna continues: If the father stated in his vow that his son may not derive benefit from his property
in his life and in his death,
then even
if
the father then
dies
the son
does not inherit
from
him,
as the prohibition is still in effect…
Bava Kamma 108b:16-109a:1
MISHNA:
If one vowed that certain food or drink or all food and drink be forbidden to him, the halakhic authorities
may broach
dissolution
by
raising the issue of
Festivals and
Shabbatot
.
They ask him whether he realized at the time he stated his vow that he would have to uphold it on these festive days as well.
At first they said
that on
those days
that he did not intend to include in his vow, that item
is permitted, but
on
all the rest of the days,
food and drink ar
e
still
forbidden
by his vow…
Nedarim 66a:2-3
MISHNA:
In the case of
one who says to another
that a certain object is
konam
,
konaḥ
,
or
konas
, these
expressions
are substitutes
for the term
offering [
korban
],
and the vow takes effect.
Ḥerek
,
ḥerekh
and
ḥeref
; these are substitutes
for the term indicating a
dedication [
ḥerem
]
to the Temple treasury.
Nazik
,
naziaḥ
,
and
paziaḥ
; these are substitutes
for the term
naziriteship [
nazir
]…
Nedarim 10a:11-10b:3
§
Rav Pappa says:
The
dispute
in the mishna is
with regard to oaths, but with regard to
konamot
, all agree
that one is liable for eating
any amount. What is the reason
for this?
Indeed,
with regard to
konamot
, since
in the vow
he did not explicitly mention eating,
which has a defined measure, but only that the item is forbidden to him like an offering, it is
as if he specified
that he is liable for eating any amount. The Gemara
raises an objection
from that which is taught in a
baraita
: Items that are forbidden…
Shevuot 22a:9-11
Rather, Rav Shimi of Neharde’a said:
He nullifies the possibility of remarriage in a case
where he vowed in public
that it is prohibited for him to derive benefit from
her,
and it is consequently prohibited for him to marry her. The Gemara asks:
This works out well according to the one who says
that
a vow that was taken in public has no nullification;
he is flogged, since by taking that vow he has rendered remarriage impossible.
But according to the one who says
that even a vow taken in public
has
the possibility of
nullification…
Makkot 16a:15
MISHNA:
One who
took a vow
by associating an item
with a dedication [
ḥerem
],
saying: This item is hereby forbidden to me like an item dedicated to the Temple,
and
then
said: I took a vow only with
the intention that it would be like
a sea net [
ḥermo shel yam
]
that is used to catch fish; or one who took a vow by associating an item
with an offering, and
then
said: I took a vow only with
reference to
offerings to kings,
i.e., a gift for a king, not an offering to God…
Nedarim 20a:1-8
Laws of Optional Restrictions
דיני הימנעות רצונית
Types of Oaths and their Specifications
Oaths of Speech and Vain Oaths
Laws of Release from an Oath
Laws of Oaths over Deposits
Laws of Oaths over Testimony
Laws of Oaths in Court
Severity of Oaths and Carefulness about It
Laws of Vows and their Release
Vowing about Eating and Benefit
Intention and Interpretation of Vows
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