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Vowing about Eating and Benefit
Laws of Optional Restrictions
Sources
A
MISHNA:
And
with regard to one for whom benefit from another is forbidden by vow, that other person
may feed
his
wife and children, although
the one who is bound by the vow
is obligated in their support
and benefits when another supports them.
And he may not feed his animal, whether
it is
a kosher
animal or
whether
it is
a non-kosher
animal.
Rabbi Eliezer says: He may feed the non-kosher
animal,
and he may not feed the kosher
animal…
Nedarim 38a:17-39a:1
MISHNA:
If a woman vowed: The property
of
other
people is
konam
for me, and for
that
reason
I will
not
benefit
from it, her husband
cannot nullify
her vow,
but
nevertheless, if she is poor,
she may benefit from
the agricultural gifts that must be left for the poor:
Gleanings,
i.e., isolated stalks that fell during the harvest;
forgotten
sheaves;
and produce of the corners [
pe’a
]
of the field that the owner is obligated to leave for the poor…
Nedarim 83b:3-4
GEMARA:
The Sages taught
in a
Tosefta
(
Beitza
4:7):
Five things were stated with regard to a coal,
in relation to the practical halakhic differences between a coal and a flame:
(1) Coal is as the feet of the owner
with regard to its Festival resting place,
whereas a flame
may be carried
anywhere. (2) One
is liable for
misusing
property consecrated to the Temple
with a consecrated coal, whereas
with regard to
a flame,
according to rabbinic law
one may not benefit
from it…
Beitzah 39a:5
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…
Nedarim 45b:1-46b:5
MISHNA:
The mishna proceeds to list other tasks that one may perform for someone who is prohibited by vow from benefiting from him.
And he separates his
teruma
and his tithes,
provided that it is
with the knowledge
and consent of the owner of the produce.
And he sacrifices for him the bird nests,
i.e., pairs of birds, pigeons and turtledoves,
of
zavin
(see Leviticus 15:13–15);
the bird nests of
zavot
(see Leviticus 15:28–30);
the bird nests of women after childbirth
(see Leviticus 12:6–8);
sin-offerings…
Nedarim 35b:1-2
Rather,
this is the explanation of the statements of the
amora’im
:
When Rabbi Yoḥanan and Reish Lakish said
that the prohibition is no longer in effect after the item is no longer in his possession, it was
in
a case where he said:
My property. And
when
Rav and Shmuel
said that the prohibition remains in effect after the item is no longer in his possession, it was
in
a case where he said:
This property. And they do not disagree,
as each pair of
amora’im
addressed a different situation…
Nedarim 42b:5-43a:6
MISHNA:
And
with regard to another person who is prohibited from deriving benefit from him,
one may bathe with him in a large bath [
ambati
],
in which his presence does not affect the other person.
However,
he may
not
bathe with him
in a small
bath, as his presence moderates the temperature of water if it is too hot or too cold, thereby benefiting the other person.
And he may sleep with him in
one
bed.
Rabbi Yehuda says:
That is permitted
during the days of summer…
Nedarim 41b:5-42a:1
The mishna continues: In reference to this incident,
the Sages said: Any gift that is not
so absolute
that if
the recipient
were to consecrate it,
the gift
would be consecrated, is not a gift.
In other words, in order for it to be a gift the recipient must have the ability to consecrate it. Similarly, Shammai had initially reasoned that the gift to Yonatan ben Uzziel was not a valid gift, as its sole purpose was so that the property should not fall into the possession of the man’s children…
Bava Batra 134a:5
Rava said:
If
one is prohibited by vow from deriving benefit from another,
i.e., if he took a vow not to receive any benefit whatsoever from a certain person, that other person
is
nevertheless
permitted to sound a blast for him
so that he fulfills the
mitzva,
in accordance with the principle that the fulfillment of a mitzva is not in itself considered a benefit. For the same reason, if
one is prohibited by vow from deriving benefit from a
particular
shofar
…
Rosh Hashanah 28a:14-15
it must be that
the mishna
is dealing
with an average sale,
which is neither of particularly low quality and difficult to sell nor of particularly high quality and in high demand. Therefore, when it is sold at the fixed price, it cannot be said that either the buyer or seller benefits. Consequently, the one taking the vow must lower the price when selling to those forbidden by the vow and add to the price when buying from them.
And
by contrast, the case
of Shmuel
is referring
to a keen sale…
Nedarim 31b:1-5
MISHNA:
The difference between one for whom benefit from another is forbidden by vow [
hamuddar hana’a meḥaveiro
] and one for whom
benefit
from his food is forbidden by vow
concerns
only setting foot
on the other person’s property
and
borrowing from that person
utensils that one does not use
in
preparation of food
but for other purposes. Those two benefits are forbidden to the former but permitted to the latter. Therefore, with regard to
one for whom
benefit
from another’s food is forbidden by vow…
Nedarim 32b:10-33a:10
the other
may contribute his shekel for him,
i.e., it is permitted for the second individual to donate the half-shekel from his own money to the Temple on behalf of the first one, who is prohibited by the vow from deriving benefit;
and he may repay his debt
for him, i.e., if the one prohibited by the vow owes money to a third party, the one from whom he may not derive benefit may pay off that debt on his behalf.
And he may return to him his lost object, and in a place where one takes a wage
for returning a lost article…
Ketubot 108a:1
MISHNA:
With regard to
one who is prohibited by a vow from deriving benefit from another and he does not have anything to eat,
the other
may give
the food
to someone else as a gift and he is
then
permitted
to eat
it.
The mishna recounts:
An incident
occurred
involving someone in
the city of
Beit Ḥoron whose father had vowed not to derive benefit from him, and
the son
was marrying off his
own
son
and wanted his father to be able to participate in the wedding meal…
Nedarim 48a:6-7
MISHNA:
If someone says to another:
I am hereby
forbidden
to you
like an item
dedicated
to the Temple, then
the one prohibited by
the
vow is prohibited
from benefiting from the possessions of the one who took the vow. If someone says:
You are hereby
forbidden
to me
like an item
dedicated
to the Temple, then
the one who took the vow is prohibited
from benefiting from the possessions of the other. If he says:
I am hereby
forbidden
to you and you are
hereby forbidden
to me
like an item dedicated…
Nedarim 47b:5-48a:3
When a person tells a colleague: "Benefit that leads to your food is forbidden to me," or "Benefit that leads to my food is forbidden to you," the person who is forbidden should not borrow from the other person: a sifter, a strainer, a hand mill, an oven, or any other utensil used to prepare food. He may, however, borrow from him bracelets, rings, and other articles that are not used to produce food. He is forbidden to borrow from him a sack or a donkey to carry produce. [In the above situation,] in a place where utensils are given out only for a fee…
Mishneh Torah, Vows 6-7
§ Since it mentioned the above case, the Gemara returns to discuss
the
matter
itself:
In the case of
one prohibited by a vow from deriving benefit from another
because of a vow the other took,
and he does not have
anything
to eat,
the one who took the vow
may go to a storekeeper with whom he is familiar and say to him: So-and-so is prohibited by a vow from deriving benefit from me, and I do not know what I can do for him.
The storekeeper
gives
food
to him, and
later
comes and takes
payment
from this
one who approached him…
Ketubot 70b:16-71a:1
The Gemara answers:
This teaches us that even in a place where one takes payment
for teaching,
for
teaching
Bible
it is
permitted to take
payment, but
for
teaching
midrash
it is
not permitted to take
payment.
Nedarim 37a:1
MISHNA:
If one says: The property of
a Jew is
forbidden to me, and for
that
reason
I will not benefit
from it,
he may purchase
items from a Jew
for more
than the market price
and may sell
items to a Jew
for less
than the market price, so that he does not derive benefit from the transactions. If one says:
Benefit from me is
forbidden
to a Jew, he may purchase
items from a Jew
for less
than the market price
and may sell
items to a Jew
for more
than the market price…
Nedarim 31a:9
Rava says
that it is possible to explain the apparent contradiction between the sources with regard to benefit from poor man’s tithe without recourse to a tannaitic dispute:
Here,
the mishna is referring
to poor man’s tithe distributed in the
owner’s
house,
i.e., poor man’s tithe that had not been distributed in the threshing floor but was brought home and must now be distributed to the poor who visit the house,
as
the term
giving is written
in the verse
with regard to
such a tithe:
“And you shall give to the Levite, to the stranger…
Nedarim 84b:5
The Gemara rejects that conclusion.
Actually,
it is a case where he separates
teruma
from
the produce of the
owner of the pile for
the produce
of the
same
owner of the pile.
However, the circumstances here are parallel to those addressed by Rava in another context,
as Rava said
that there is a case
where one says: Anyone who wishes to come and separate
teruma
may come and separate
teruma
. Here too,
this is a case
where one says:
Anyone who wishes to come and separate
teruma
may come and separate
teruma
…
Nedarim 36b:4
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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