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Laws of Release from an Oath
Laws of Optional Restrictions
Sources
A
The Gemara comments:
Learn from this
incident
three
halakhot
:
Learn from this
that
a husband can become an agent to
express
his wife’s regret. And learn from this
that a Sage
is not permitted to dissolve a vow in the location of his teacher,
which is why Ravina, a distinguished Sage, did not dissolve the vow without consulting Rav Ashi.
And learn from this
that
when
three people
were
already
assembled,
it
seems well
for a husband to serve as an agent to express his wife’s regret…
Nedarim 8b:3
Rather,
the phrase “when a man or woman shall clearly utter” is
necessary for that which is taught
in a
baraita
: The
halakhot
of
dissolution of vows,
namely that one may request from a halakhic authority to dissolve them,
fly in the air and have nothing to lean upon,
i.e., these
halakhot
are not mentioned explicitly in the Torah.
Nazir 62a:11
§
It is taught
in a
baraita
(
Tosefta
2:12): With regard to
one prohibited by a vow from deriving benefit from another, they dissolve
the vow
for him only in the presence
of the one who is the subject of the vow. The Gemara asks:
From where are these matters
derived?
Rav Naḥman said: As it is written: “And the Lord said to Moses in Midian: Go, return to Egypt; for all the men are dead”
(Exodus 4:19). Rav Naḥman notes that the verse specifies where God spoke to Moses…
Nedarim 65a:1
MISHNA:
Rabbi Eliezer says:
When halakhic authorities are approached with regard to the dissolution of a vow, they
may broach
dissolution
with a person
who took a vow
by
raising the issue of how taking the vow ultimately degraded
the honor of his father and mother,
asking him the following: Had you known that your parents would experience public shame due to your lax attitude toward your vow, would you still have taken the vow?
But the Rabbis
disagree with Rabbi Eliezer and
prohibit
broaching dissolution of a vow with this…
Nedarim 64a:1-5
MISHNA:
If one says: On my
oath I will not eat this loaf,
and he then says again: On my
oath I will not eat it,
and again: On my
oath I will not eat it, and he
then
ate it, he is liable only once.
Once the first oath had taken effect, the subsequent oaths could not, as a prohibition cannot take effect where another prohibition is already in place.
Shevuot 27b:7
§ It is taught in the mishna that if one said: I hereby take
an oath that I will not eat,
I hereby take
an oath that I will not eat, and he
then
ate, he is liable
to bring an offering for
only one
violation of an oath.
Rava said: If he requested
and received dissolution from a halakhic authority
for the first
oath,
the second
oath
takes effect upon him. From where
is this derived?
From
the fact
that it is not taught
in the mishna that
there is only one,
i.e…
Nedarim 18a:7
For what
matter is this
halakha
relevant? It is relevant
for
the statement
of Rava, as Rava says that if one requested of
a halakhic authority
to
dissolve
the first oath,
and he did so,
the second one counts for him in its place
unless it, too, was dissolved.
Shevuot 27b:15
Rabban Gamliel says: He should
nevertheless
nullify
such vows,
as it is stated: “He shall not profane his word”
(Numbers 30:3), which teaches that it is improper for one to take a vow and not fulfill it. The Gemara presents another interpretation of the verse:
Alternatively,
the verse states:
“He shall not profane his word,” from here
it may be derived
that a halakhic authority cannot dissolve his own vows.
Nedarim 81b:5
§ The mishna teaches that a priest
who marries women
by a transgression is disqualified from performing the Temple service until he vows not to derive benefit from her. It is
taught
in a
baraita
: If a priest was performing a sacrificial rite and it was discovered that he married a woman who was forbidden to him, he does not stop performing the rite. Rather,
he vows
not to derive benefit from her
and
then continues to
perform
the rite. Once he has finished,
he descends
from the altar
and divorces
his wife…
Bekhorot 45b:16-46a:2
Ameimar said,
in contrast to the opinion of Rava:
Even
if
he ate the entire
loaf
he may still request
dissolution of the oath.
If
he ate it
unwittingly,
i.e., he forgot the oath, it is a situation where he
has not yet
brought the
offering
he is liable to bring.
If
he ate it
intentionally,
it is a situation where he
has not yet
received
lashes. But if he was
already
tied to the stake
in order to receive lashes, he can
no
longer request that his oath be dissolved…
Shevuot 28a:8-9
§
Rabbi Asi said: One does not attend to
a request to dissolve a vow in which the name of
the God of Israel
is invoked because such a declaration is especially stringent,
except for
a case where one swears by the God of Israel and adds:
Benefiting from me is
konam
for my wife because she stole my purse or she hit my son, and
then
it became known that she did not steal or did not hit
his son. In such a case, the vow can be dissolved because the vow was made in error, but in other cases such a vow is not dissolved…
Nedarim 22b:4-23a:5
MISHNA:
The halakhic authorities
may broach
dissolution
for a person by
raising the issue of
his own honor and the honor of his children.
For example, if he took a vow that resulted in his needing to divorce his wife, they may
say to him: Had you known that tomorrow people will say about you: This is the habit [
veset
] of so-and-so,
that
he divorces his wives
due to vows,
and they will say about your daughters: They are daughters of divorce,
or they will ask:
What did their mother see to divorce…
Nedarim 66a:11
The Gemara continues:
At that time we learned many matters
of
halakha
from Rabban Gamliel’s conduct.
We learned that a quarter-
log
of Italian wine intoxicates, and we learned
that
one who is intoxicated may not issue a
halakhic
ruling, and we learned that
walking on
a path dispels
the effect
of wine, and
lastly
we learned that one may not annul vows
when he is
either mounted
on an animal,
or walking, or
even
standing, but
only when he is
sitting.
…
Eruvin 64b:11-16
MISHNA:
And Rabbi Meir further said:
The halakhic authorities
may broach
dissolution
with him from that which is written in the Torah, and
they
may say to him: Had you known that
through your vow
you are transgressing
the prohibition
“you shall not take vengeance”
(Leviticus 19:18)
and
the prohibition
“nor bear any grudge”
(Leviticus 19:18),
and
the prohibition
“you shall not hate your brother in your heart”
(Leviticus 19:17), and
“you shall love your neighbor as yourself”
(Leviticus 19:18)…
Nedarim 65b:2
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
GEMARA:
The mishna taught that a Sage who rendered a woman forbidden to her husband may not then marry her. The Gemara deduces from here:
This
implies that if
he
rendered
her permitted
to her husband and she was later widowed or divorced, then
he may marry her.
The Gemara clarifies this:
With what are we dealing? If we say
that he was
a single
judge and not part of a court,
can a single
judge
dissolve
vows?
But didn’t Rav say
that
Rabbi Ḥiyya bar Avin said
that
Rav Amram said: It is taught
in a…
Yevamot 25b:8-10
And Rav Pappi said
with regard to this issue: The
dispute
between Rabbi Natan and the Rabbis is
with regard to nullification
only,
as Rabbi Natan holds
that
a husband can nullify
a vow
only once the vow has taken effect, as it is written: “And the moon shall be confounded [
ḥafera
]”
(Isaiah 24:23). He employs this phrase as an allusion, interpreting the word
ḥafera
as if it were
hafara
, nullification, and concludes from here that only a vow that already exists, like the moon, can be nullified…
Nedarim 90a:2-6
MISHNA:
There is a vow within a vow.
It is possible to impose an additional prohibition, by means of a vow, on an item that is already forbidden by means of a vow.
But there is no oath within an oath.
If one takes an oath twice with regard to the same action, the second oath does not take effect.
How so?
If one
said: I am hereby a nazirite if I eat,
and then repeated:
I am hereby a nazirite if I eat, and
then
he ate, he is obligated
to observe naziriteship for thirty days
for each and every one
of the vows…
Nedarim 17a:3
[The following rules apply when] a person took a
sh'vuat bitui
and [then] regretted having taken the oath. If he sees that he will suffer if he upholds this oath and his intent changes or a factor occurred that was not in his intent originally when he took the oath and he changed his mind because of this, he may appeal [to be released from his oath] from one sage - or from three ordinary people in a place where there are no sages. His oath is repealed and he is permitted to perform the matter that he took the oath not to do or not to do the matter that he took an oath to do…
Mishneh Torah, Oaths 6
§
We learned
in a mishna
elsewhere
(
Shabbat
157a): A father or husband
may nullify
his daughter’s or his wife’s
vows on Shabbat and one may request
from a halakhic authority
to
dissolve
vows that are for the purpose of Shabbat. A dilemma was raised before
the Sages: May one
nullify vows on Shabbat
only
when
they are
for the purpose of Shabbat, or
may one
perhaps
nullify vows on Shabbat
even when they are not for the purpose
of Shabbat?…
Nedarim 77a:1-7
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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