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Intention and Interpretation of Vows
Laws of Optional Restrictions
Sources
A
MISHNA:
If one vows:
Wine is
forbidden to me
as if
it were
an offering [
konam
],
and for
that
reason
I
will not
taste
it
today,
he is
prohibited
from drinking wine
only until
the conclusion of that day at
nightfall,
and not for a twenty-four hour period. If one vows not to drink wine
this week,
he is
prohibited
from drinking wine
for the entire
remainder of the
week. And
as
Shabbat
is considered part of the week
that passed,
i.e…
Nedarim 60a:4-61a:4
MISHNA:
For
one who vows
that
the city
is forbidden
to
him, it
is permitted to enter
the Shabbat
boundary of
that
city,
the two-thousand-cubit area surrounding the city,
and
it
is prohibited to enter its outskirts,
the seventy-cubit area adjacent to the city.
However,
for
one who vows
that
a house
is forbidden
to
him, it
is prohibited
to enter only
from the doorstop and inward.
Nedarim 56b:6
MISHNA:
If one takes a vow that something is forbidden to him
until the grain harvest,
or
until the grape harvest,
or
until the olive harvest, it is forbidden
to him
only until the arrival
of that season.
This is the principle:
With regard to
any
occasion
whose time is fixed, and one said: Until it arrives,
it is
forbidden
to him
until
the specified occasion
arrives.
If he
said: Until it will be,
it is
forbidden
to him
until
the specified occasion
ends…
Nedarim 61b:5-8
When a person takes a vow or an oath and at the time of the vow or the oath specifies a stipulation for which he is making the vow, it is as if he made the vow or the oath dependent on that matter. If the stipulation for which he took the oath is not fulfilled, he is permitted [to act as if the oath had never been taken]. What is implied? If he took an oath or vow saying: "I will not marry this-and-this woman whose father is evil" or "I will not enter this house, because there is a harmful dog within it," if they died or the father repented, he may [do so]…
Mishneh Torah, Vows 8-10
MISHNA:
In the case of
one who vows
that food
cooked in a dish
is forbidden to him, he is
prohibited from
eating
only
food that is
cooked by boiling
it in a dish, i.e., its main preparation is in a dish. However, if
one said: That which enters into a dish is
konam
for me, and for
that
reason
I
will not
taste
it, he is
prohibited
from tasting
anything cooked in a dish,
even if the final stage of the food’s preparation is not in a dish…
Nedarim 51a:10-51b:9
Rav Kahana also states:
The source of
all
the water
in the world is the
Euphrates
River. The halakhic ramification of this is in accordance with a statement of Rav Yehuda,
as Rav Yehuda says
that
Rav says:
With regard to
one who takes a vow
rendering
the waters of the Euphrates
River forbidden to him,
it is prohibited
for him to drink
from any water in the world.
Bekhorot 55a:20
Abaye said: You
can
even say
that the mishna is in accordance with the opinion of
Rabbi Meir,
as there is a difference between the cases: In
this
baraita
, the case is one
where
the individual who took the vow
knew that the year was extended,
i.e., declared as a leap year, and the disagreement concerns which Adar is considered the principal one. Conversely,
that
mishna is referring to a case
where he did not know
that it is a leap year and that there are two months of Adar…
Nedarim 63a:9-63b:8
MISHNA:
As a continuation of the opinion of the Rabbis in the previous mishna that they may not broach dissolution of a vow based on a new situation,
Rabbi Meir says: There are matters that are,
at first glance,
like a new situation but are not
in fact
like a new situation, and the Rabbis do not concede to him. How so?
For example,
one said: Marrying so-and-so is
konam
for me,
as her father is evil,
and
they told him
that her father
died, or that
he
repented…
Nedarim 65a:5-65b:1
MISHNA:
If one takes a vow
until the harvest,
the vow remains in effect
until people begin to harvest.
This is referring to
the wheat harvest but not the barley harvest.
As for the exact date of this event,
all
is determined
according to the place
where he took
his vow. If he was on a mountain,
it is assumed that he referred to the time of the harvest on
the mountain, and if he was in a valley,
it is assumed that he meant the time of the harvest
in the valley.
…
Nedarim 62b:5-63a:6
There was
a certain
man
who said to
those surrounding him: I leave
my property to my sons,
and
he had a son and a grandson,
i.e., his son’s son. The question was raised: Do
people call a grandson a son, or
do they
not? Rav Ḥaviva said: People call a grandson a son. Mar bar Rav Ashi said: People do not call a grandson a son.
The Gemara comments:
It is taught
in a
baraita
in accordance with
the opinion
of Mar bar Rav Ashi:
With regard to
one prohibited by a vow from deriving benefit from
a certain person’s
sons…
Bava Batra 143b:7
The Gemara answers: This is
not difficult.
The opinion of this
Sage
is
in accordance with
the custom of
his locale, and
the opinion of that
Sage in accordance with
the custom of
his locale. In the Rabbis’ locale they call milk, milk and whey, whey,
whereas
in Rabbi Yosei’s locale they also call whey, milk whey.
In the latter location, the word milk is used in reference to whey, and therefore one who vows there that milk is forbidden to him is prohibited from eating whey as well…
Nedarim 52b:2-54a:4
The Mishna continues: If a man said:
Marrying ugly so-and-so is
konam
for me, and she is
in fact
beautiful,
or if, in vowing not to marry her, he called her
black, and she is
in fact
white,
or if, in vowing not to marry her, he called her
short, and she is
in fact
tall, he is permitted to her. Not because she was ugly and became beautiful, black and became white,
or
short and became tall,
but
rather, because the vow was mistaken
from the outset.
Nedarim 66a:12
MISHNA:
In the case of
one who takes a vow
that he will not derive benefit
from seafarers,
he is
permitted
to benefit
from those who live on dry land.
But if he takes a vow not to derive benefit
from those who live on dry land,
he is also
prohibited
from deriving benefit
from seafarers, because seafarers are included
within the category of
those who live on dry land.
The mishna now defines seafarers:
Not like those that travel
by ship
from Akko to Jaffa,
which is a short trip…
Nedarim 30a:4-31a:8
The Gemara asks a question with regard to these opinions:
Is this to say that Rabbi Meir maintains: A person places himself in
a situation of
uncertainty,
i.e., people issue statements and accept upon themselves obligations that are not clearly defined,
and Rabbi Yosei maintains
that
a person does not place himself in
a situation of
uncertainty,
as one has only well-defined situations in mind?
But haven’t we learned
that these two
tanna’im
state
the opposite
opinions…
Kiddushin 64b:12-14
§ It was taught in the
baraita
cited above:
And
the first of Tishrei is the new year
for vows. The Sages taught
in a
baraita
:
One
who is
prohibited by a vow
from
deriving benefit from another for a year counts twelve months from day to day,
from the day that the vow was taken. This applies whether one took a vow not to derive any benefit from another for a year, or he was the subject of someone else’s vow prohibiting him from deriving any benefit from that individual’s property for a year…
Rosh Hashanah 12b:6-8
§
It is taught
in a
baraita
: For
one who vows
that
grain [
dagan
]
is forbidden
to
him, it
is prohibited to
partake
of the dry cowpea, and
it
is permitted
for him to partake
of fresh
cowpea.
And
it
is permitted
for him to partake
of rice,
as well as
of wheat kernels split into two parts [
ḥilka
], of wheat kernels crushed into three parts [
targeis
], and wheat kernels crushed into four parts [
tisnei
]…
Nedarim 55b:2-6
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:1-57b:1
Having mentioned a teaching of Rabbi Abba in the name of Shmuel, the Gemara cites another of his statements:
And Rabbi Abba said
that
Shmuel said: From where
is it derived
that one does not count days to
make up
years,
i.e., a year is considered to be comprised of either twelve or thirteen lunar months, and not 365 days?
As it is stated: “Of the months of the year”
(Exodus 12:2), which indicates that
you count months to
make up
years, but you do not count days
to make up
years.
Megillah 5a:10
The Gemara asks:
Isn’t
there the matter of
vows, where
the
one who takes the vow prohibits
something
and a halakhic authority renders
it
permitted
by dissolving the vow? The Gemara answers:
Rabbi Yoḥanan says
that
a halakhic authority dissolves
a vow
only through regret
of the person who took the vow. Since it is necessary for this person to express regret for taking the vow, it is not actually the halakhic authority who causes the dissolution of the vow.
Gittin 83b:13
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.
Nedarim 56a:1
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
More
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