The Mishna mentioned different expressions of a vow using forms of the word korban, sacrifice, which would not be valid. This Mishna is attributed to Rabbi Meir, as it cannot be attributed to Rabbi Yehuda. The same expressions if used with the word shevua (oath), will be valid. One of the expressions mentioned was “shevua that I will eat from you, which is understood as “I am taking an oath that I will not eat from you.” This contradicts a Mishna is Shevuot that lists four different kinds of oaths – and two of them are that I will eat or will not eat, understanding “I will eat” as its simple meaning and not as our Mishna understands is as “I will not eat.” Abaye answers by saying that it depends on the context and one must rely on the context to establish what the meaning is in each particular situation. Rav Ashi answers by emending the text to read “shevua she’iy ochal”, which mean “shevua that I will not eat.” According to this reading, the reason the Mishna needs to list this case is that one not think that maybe it came out as a stutter and one really meant to say “that I will eat.” Why do each of them (Abaye and Rav Ashi) not hold like the other? The Mishna refers back to a previous Mishna stating that there it was clear what are the stringencies of an oath that are not in a vow. To what Mishna was this referring? The Mishna then states the stringencies of a vow, if one vows to not do a mitzva, this is a valid vow and one must not go against the vow. Why does this not apply to oaths as well? Rava and Abaye both answer in a similar matter, that for the vow to be effective, it must be worded in a way that the vow applies to the object of the mitzva and not to the person fulfilling the mitzva. However, they differ on the exact wording of the vow – does it include the word “benefit” at all or not, as Rava argues that the performance of mitzvot is not considered a benefit.
Nedarim 16
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This month’s learning is sponsored by Adam, Carolyn, Michal, Josh, Benny, Izzy, Gali, Shim, Zoe, Zachy and Yehuda in loving memory of Judith Rosenfeld Hochstadter, Gittel bat Kreindel v’Binyamin BenZion on her second yahrzeit. “Her curiosity, humor, intellect and devout nature continues to inspire and hold us accountable. We miss her and think of her in all our pursuits, especially in our Hadran learning, where she would be glad to know that she didn’t have to boil more than 1 egg at a time!!”
Nedarim 16
גְּמָ׳ מַנִּי מַתְנִיתִין — רַבִּי מֵאִיר הִיא, דְּאִי רַבִּי יְהוּדָה — לָא שָׁנֵי לֵיהּ ״קׇרְבָּן״ וְלָא שָׁנֵי לֵיהּ ״הַקׇּרְבָּן״.
GEMARA: Whose opinion is expressed in the mishna? It is apparently the opinion of Rabbi Meir. As, if it is the opinion of Rabbi Yehuda, there is a contradiction, because he does not differentiate whether one takes a vow by saying: An offering, and he does not differentiate whether he takes a vow by saying: This offering. In both cases the vow does not take effect, as he did not use the phrase: Like an offering. The mishna, by contrast, indicates that only a vow that is phrased: An offering that I will not eat of yours, or: This offering that I will eat of yours, does not take effect. If it is phrased: An offering I will eat of yours, it takes effect, as it indicates that his eating will be like an offering.
אֵימָא סֵיפָא: ״לַקׇּרְבָּן לֹא אוֹכַל לָךְ״ — מוּתָּר. וְהָתְנַן: ״לַקׇּרְבָּן לֹא אוֹכַל לָךְ״ — רַבִּי מֵאִיר אוֹסֵר, וְאָמַר רַבִּי אַבָּא: נַעֲשָׂה כְּאוֹמֵר: ״לַקׇּרְבָּן יְהֵא, לְפִיכָךְ לֹא אוֹכַל לָךְ״.
The Gemara continues its analysis: Say the latter clause of the mishna: If he says: That which I will not eat of yours is not an offering, the food is permitted. The Gemara asks: But didn’t we learn in a mishna (13a) that if one said: That which I will not eat of yours will be for an offering [lekorban], Rabbi Meir forbids the food to him? And Rabbi Abba said that it is rendered as one who says: Your food will be to me for an offering; therefore, I will not eat of yours. The mishna appears to be incompatible with the opinion of Rabbi Meir as well.
לָא קַשְׁיָא: הָא דְּאָמַר ״לַקׇּרְבָּן״, הָא דְּאָמַר ״לָא לְקׇרְבָּן״ — דְּלָא הָוֵי קׇרְבָּן קָאָמַר.
The Gemara answers that this is not difficult. That mishna is referring to one who said: For an offering [lekorban], and the vow therefore takes effect. This mishna is referring to one who said: Not for an offering [la lekorban], where he is saying that it should not be an offering, and therefore the vow does not take effect.
מַתְנִי׳ שְׁבוּעָה לֹא אוֹכַל לָךְ, הָא שְׁבוּעָה שֶׁאוֹכַל לָךְ, לָא שְׁבוּעָה לֹא אוֹכַל לָךְ — אָסוּר.
MISHNA: If one says: An oath that I will not eat of yours, or: This is an oath that I will eat of yours [she’okhal lekha], or: Not an oath that I will not eat of yours, the food is forbidden.
גְּמָ׳ מִכְּלָל דְּהָא שְׁבוּעָה שֶׁאוֹכַל לָךְ — דְּלָא אָכֵילְנָא מַשְׁמַע. וּרְמִינְהוּ: שְׁבוּעוֹת שְׁתַּיִם שֶׁהֵן אַרְבַּע. שֶׁאוֹכַל וְשֶׁלֹּא אוֹכַל, שֶׁאָכַלְתִּי וְשֶׁלֹּא אָכַלְתִּי. מִדְּקָאָמַר שֶׁלֹּא אוֹכַל, שֶׁאָכַלְתִּי וְשֶׁלֹּא אָכַלְתִּי, מִכְּלָל דְּשֶׁאוֹכַל לָךְ — דְּאָכֵילְנָא מַשְׁמַע!
GEMARA: By inference from the mishna, it may be derived that the statement: This is an oath that I will eat of yours, indicates that I will not eat. And the Gemara raises a contradiction from a mishna (Shevuot 19b): There are two basic types of oaths that are in fact four: An oath that I will eat, and: That I will not eat; an oath that I ate, and: That I did not eat. From the fact that the mishna states: That I will eat, in contradistinction to: That I will not eat; that I ate, and in contradistinction: That I did not eat, it may be derived by inference that an oath that I will eat of yours [she’okhal lekha] indicates: An oath that I will eat. This contradicts our mishna.
אָמַר אַבָּיֵי: ״שֶׁאוֹכַל״ שְׁתֵּי לְשׁוֹנוֹת מַשְׁמַע. הָיוּ מְסָרְבִין בּוֹ לֶאֱכוֹל, וְאָמַר: ״אָכֵילְנָא אָכֵילְנָא״, וְתוּ: ״שְׁבוּעָה שֶׁאוֹכַל״ — דְּאָכֵילְנָא מַשְׁמַע. אֲבָל אָמַר: ״לָא אָכֵילְנָא לָא אָכֵילְנָא״, וְתוּ אָמַר: ״שְׁבוּעָה שֶׁאוֹכַל״ — ״דְּלָא אָכֵילְנָא״ קָאָמַר.
Abaye said: The phrase: That I will eat [she’okhal], indicates two expressions, depending on the context in which it is used. How so? If they were importuning [mesarevin] him to eat, and he said: I will eat, I will eat, and he furthermore said: An oath that I will eat [she’okhal], it indicates: That I will eat. However, if he said: I will not eat, I will not eat, and he furthermore said: An oath that I will eat [she’okhal], he is saying: That I will not eat. The oath is intended to reinforce his refusal to eat.
רַב אָשֵׁי אָמַר: ״שֶׁאוֹכַל״ דִּשְׁבוּעָה — ״שֶׁאִי אוֹכַל״ קָאָמַר. אִם כֵּן, פְּשִׁיטָא! מַאי לְמֵימְרָא? מַהוּ דְּתֵימָא: מֵיקַם לִישָּׁנָא הִיא דְּאִיתְּקִיל לֵיהּ, קָא מַשְׁמַע לַן.
Rav Ashi said that the phrase: That I will eat [she’okhal], cited in the mishna with regard to an oath, is actually saying that he said: That I will not eat [she’i okhal]. The Gemara asks: If so, the prohibition is obvious, as he explicitly took an oath not to eat. What is the purpose of stating this halakha? The Gemara answers: Lest you say that he blundered in properly upholding the wording, i.e., he mispronounced the vow, as his intention was to say: An oath that I will eat [she’okhal], the mishna teaches us that he meant that he will not eat.
אַבָּיֵי לָא אָמַר טַעַם כְּרַב אָשֵׁי — דְּלָא קָתָנֵי ״שֶׁאִי אוֹכַל״.
Abaye did not state the reason for the ruling of the mishna that was stated by Rav Ashi, as the mishna does not teach the case of: That I will not eat [she’i okhal]. Rather, it teaches the case of that I will eat [she’okhal].
וְרַב אָשֵׁי נָאדֵי מִן טַעַם דְּאַבָּיֵי. קָסָבַר ״שֶׁלֹּא אוֹכַל״ נָמֵי, מַשְׁמַע שְׁתֵּי לְשׁוֹנוֹת. הָיוּ מְסָרְבִין בּוֹ לֶאֱכוֹל וְאָמַר: ״לָא אָכֵילְנָא לָא אָכֵילְנָא״, וְאָמַר נָמֵי: ״שְׁבוּעָה״, בֵּין ״שֶׁאוֹכַל״ בֵּין ״שֶׁלֹּא אוֹכַל״ — הָדֵין ״אָכֵילְנָא״ מַשְׁמַע דְּאָמַר.
And Rav Ashi turned away [nadei] from the reason that Abaye stated, because he held that the phrase: That I will not eat, also indicates two expressions, depending on the context. For example, if they were importuning him to eat and he said: I will not eat, I will not eat, and subsequently he also said: An oath, then, in this case, whether the wording of the oath was: That I will eat, or: That I will not eat, this expression indicates that he is saying: I will eat. The statement: An oath that I will not eat, should be interpreted rhetorically in this context: Did I take an oath that I will not eat? Certainly I did not, as I will eat.
וְאִיכָּא לְתָרוֹצַהּ נָמֵי לִישָּׁנָא ״שְׁבוּעָה שֶׁלֹּא אוֹכַל״ — ״שְׁבוּעָה דְּלָא אָכֵילְנָא״ קָאָמַר. אֶלָּא תַּנָּא פַּסְקַהּ: ״שֶׁאוֹכַל״ — ״דְּאָכֵילְנָא״ מַשְׁמַע, וְ״שֶׁלֹּא אוֹכַל״ — ״לֹא אוֹכַל״ מַשְׁמַע.
And there is also a way to interpret the expression: An oath that I will not eat, as indicating its straightforward meaning, i.e., that he is saying: An oath that I will not eat. Therefore, the mishna cannot be interpreted in this manner. Rather, the tanna in tractate Shevuot clearly established a principle: That I will eat, indicates that I will eat, and: That I will not eat, indicates I will not eat. Therefore, the correct version of the mishna must be: That I will not eat [she’i okhal].
מַתְנִי׳ זֶה חוֹמֶר בַּשְּׁבוּעוֹת מִבַּנְּדָרִים, וְחוֹמֶר בַּנְּדָרִים מִבַּשְּׁבוּעוֹת. כֵּיצַד? אָמַר: ״קֻוֽנָּם סוּכָּה שֶׁאֲנִי עוֹשֶׂה״, ״לוּלָב שֶׁאֲנִי נוֹטֵל״, ״תְּפִילִּין שֶׁאֲנִי מַנִּיחַ״ — בַּנְּדָרִים אָסוּר, בַּשְּׁבוּעוֹת מוּתָּר, שֶׁאֵין נִשְׁבָּעִין לַעֲבוֹר עַל הַמִּצְוֹת.
MISHNA: This rule, that oaths can render actions, which do not have actual substance, either prohibited or obligatory, is a stringency of oaths vis-à-vis vows, which do not take effect with regard to matters that do not have actual substance. And there is also a stringency of vows vis-à-vis oaths. How so? With regard to one who said: Making a sukka is konam for me, or: Taking a lulav is konam for me, or: Donning phylacteries is konam for me, in the case of vows, the items are rendered forbidden, and he may not perform the mitzva until the vow is dissolved. However, in the case of similar oaths, these items are permitted, as one cannot take an oath to transgress the mitzvot.
גְּמָ׳ ״חוֹמֶר״, מִכְּלָל דְּנֶדֶר הוּא. וְהָא ״מוּתָּר״ קָתָנֵי!
GEMARA: It is stated in the mishna: This is a stringency of oaths vis-à-vis vows. The Gemara presumes that the mishna is referring to the distinction stated in previous mishnayot between saying: An offering that I will not eat of yours, and saying: An oath that I will not eat of yours. The Gemara asks: Should it be derived by inference that the statement: An offering that I will not eat of yours, is a valid vow by rabbinic law, and it is merely less stringent than the corresponding oath, which takes effect by Torah law? But doesn’t the mishna teach that it is permitted for him to eat, implying that the vow does not take effect at all?
אַסֵּיפָא דְּאִידַּךְ בָּבָא קָתָנֵי. ״שְׁבוּעָה שֶׁאֵינִי יָשֵׁן״, ״שֶׁאֵינִי מְדַבֵּר״, ״שֶׁאֵינִי מְהַלֵּךְ״ — אָסוּר. זֶה חוֹמֶר בַּשְּׁבוּעוֹת מִבַּנְּדָרִים.
The Gemara answers: This is taught with regard to the latter clause of the other section. As opposed to a vow that is taken with regard to a matter that does not have actual substance, which takes effect only by rabbinic law, as articulated in the mishna (14b) and Gemara (15a), the subsequent mishna (15b) teaches that if someone says: An oath that I will not sleep, or: That I will not speak, or: That I will not walk, this activity is forbidden to him. It is concerning this contrast that the mishna says: This is a stringency of oaths vis-à-vis vows.
חוֹמֶר בַּנְּדָרִים מִבַּשְּׁבוּעוֹת כֵּיצַד כּוּ׳. רַב כָּהֲנָא מַתְנֵי: אָמַר רַב גִּידֵּל אָמַר רַב. וְרַב טָבְיוֹמֵי מַתְנֵי: אָמַר רַב גִּידֵּל אָמַר שְׁמוּאֵל. מִנַּיִן שֶׁאֵין נִשְׁבָּעִין לַעֲבוֹר עַל הַמִּצְוֹת? תַּלְמוּד לוֹמַר: ״לֹא יַחֵל דְּבָרוֹ״, ״דְּבָרוֹ לֹא יַחֵל״ — אֲבָל מֵיחֵל הוּא לְחֶפְצֵי שָׁמַיִם.
§ It is stated in the mishna that there is a stringency of vows vis-à-vis oaths. How so? Whereas a vow can override a mitzva, an oath cannot. Rav Kahana teaches that Rav Giddel said that Rav said, and Rav Tavyumei teaches the same statement with a different attribution, i.e., Rav Giddel said that Shmuel said: From where is it derived that one cannot take an oath to transgress the mitzvot? The verse states: “He shall not profane his word” (Numbers 30:3). It is inferred that his word, i.e., the prohibition he accepted upon himself, he shall not profane. However, he may profane it for the desires of Heaven. If he took an oath to act against the will of God, the oath does not take effect.
מַאי שְׁנָא נֶדֶר — דִּכְתִיב: ״אִישׁ כִּי יִדֹּר נֶדֶר לַה׳ … לֹא יַחֵל דְּבָרוֹ״. שְׁבוּעָה נָמֵי, הָא כְּתִיב: ״אוֹ הִשָּׁבַע שְׁבֻעָה לַה׳ לֹא יַחֵל דְּבָרוֹ״!
The Gemara asks: What is different about a vow that enables it to override mitzvot? Granted, as it is written in the Torah: “When a man takes a vow to the Lord…he shall not profane his word” (Numbers 30:3), which indicates that even with regard to matters that pertain to the Lord, i.e., mitzvot, one shall not profane his word, as the vow takes effect. However, with regard to an oath it is also written in the same verse: “Or swears an oath” to God, “he shall not profane his word.”
אָמַר אַבָּיֵי: הָא דְּאָמַר ״הֲנָאַת סוּכָּה עָלַי״, הָא דְּאָמַר ״שְׁבוּעָה שֶׁלֹּא אֶהֱנֶה מִן הַסּוּכָּה״.
Abaye said: The distinction is not between oaths and vows per se, but rather between the phraseology in each case. How so? This case, in which the prohibition overrides the mitzva, is referring to one who said: The benefit derived from a sukka is hereby forbidden to me. Since the vow renders the sukka a forbidden object, it takes effect and overrides the mitzva, as one may not be fed what is forbidden to him, even if it is forbidden only to him. By contrast, that case, in which the prohibition does not take effect, is referring to one who said: I hereby take an oath that I will not derive benefit from the sukka. The oath does not take effect, as one is not entitled to take an oath to abstain from an act that he is obligated to perform.
אָמַר רָבָא: וְכִי מִצְוֹת לֵיהָנוֹת נִיתְּנוּ? אֶלָּא, אָמַר רָבָא: הָא דְּאָמַר ״יְשִׁיבַת סוּכָּה עָלַי״, וְהָא דְּאָמַר ״שְׁבוּעָה שֶׁלֹּא אֵשֵׁב בַּסּוּכָּה״.
Rava said in objection to the explanation of Abaye: But were mitzvot given for the purpose of deriving benefit? The performance of mitzvot is not considered benefit. Why then would performance of the mitzva with the sukka be considered deriving benefit? Rather, Rava said a different explanation: This case is referring to one who said: Dwelling in a sukka is hereby prohibited to me, and that case is referring to one who said: I hereby take an oath that I will not dwell in a sukka.
וְשֶׁאֵין נִשְׁבָּעִין לַעֲבוֹר עַל הַמִּצְוֹת מֵהָכָא נָפְקָא לֵיהּ? מֵהָתָם נָפְקָא לֵיהּ, דְּתַנְיָא: יָכוֹל נִשְׁבַּע לְבַטֵּל אֶת הַמִּצְוָה וְלֹא בִּיטֵּל, יָכוֹל יְהֵא חַיָּיב —
§ The Gemara asks: And is the principle that one cannot take an oath to transgress the mitzvot derived from here, i.e., the above verse? It is derived from there, i.e., another verse, as it is taught in a baraita: One might have thought that if one takes an oath to nullify a mitzva and does not nullify it, one might have thought that he will be liable for violating an oath on a statement.
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It has been a pleasure keeping pace with this wonderful and scholarly group of women.
Beit Shemesh, Israel
When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.
Lexington, MA, United States
The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.
Silver Spring, Maryland, United States
I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.
Edmonton, Alberta, Canada
Mamaroneck, NY, United States
I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!
Bakersfield, United States
I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.
Memphis, Tennessee, United States
I started the daf at the beginning of this cycle in January 2020. My husband, my children, grandchildren and siblings have been very supportive. As someone who learned and taught Tanach and mefarshim for many years, it has been an amazing adventure to complete the six sedarim of Mishnah, and now to study Talmud on a daily basis along with Rabbanit Michelle and the wonderful women of Hadran.
Jerusalem, Israel
New York, United States
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Wynnewood, United States
Studying has changed my life view on הלכה and יהדות and time. It has taught me bonudaries of the human nature and honesty of our sages in their discourse to try and build a nation of caring people .
Kfar Saba, Israel
I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.
Ashdod, Israel
I had never heard of Daf Yomi and after reading the book, The Weight of Ink, I explored more about it. I discovered that it was only 6 months before a whole new cycle started and I was determined to give it a try. I tried to get a friend to join me on the journey but after the first few weeks they all dropped it. I haven’t missed a day of reading and of listening to the podcast.
Elkins Park, United States
תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.
מיתר, ישראל
What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.
Pennsylvania, United States
In early January of 2020, I learned about Siyyum HaShas and Daf Yomi via Tablet Magazine’s brief daily podcast about the Daf. I found it compelling and fascinating. Soon I discovered Hadran; since then I have learned the Daf daily with Rabbanit Michelle Cohen Farber. The Daf has permeated my every hour, and has transformed and magnified my place within the Jewish Universe.
San Francisco, CA , United States
It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.
Zichron Yaakov, Israel
Nedarim 16
גְּמָ׳ מַנִּי מַתְנִיתִין — רַבִּי מֵאִיר הִיא, דְּאִי רַבִּי יְהוּדָה — לָא שָׁנֵי לֵיהּ ״קׇרְבָּן״ וְלָא שָׁנֵי לֵיהּ ״הַקׇּרְבָּן״.
GEMARA: Whose opinion is expressed in the mishna? It is apparently the opinion of Rabbi Meir. As, if it is the opinion of Rabbi Yehuda, there is a contradiction, because he does not differentiate whether one takes a vow by saying: An offering, and he does not differentiate whether he takes a vow by saying: This offering. In both cases the vow does not take effect, as he did not use the phrase: Like an offering. The mishna, by contrast, indicates that only a vow that is phrased: An offering that I will not eat of yours, or: This offering that I will eat of yours, does not take effect. If it is phrased: An offering I will eat of yours, it takes effect, as it indicates that his eating will be like an offering.
אֵימָא סֵיפָא: ״לַקׇּרְבָּן לֹא אוֹכַל לָךְ״ — מוּתָּר. וְהָתְנַן: ״לַקׇּרְבָּן לֹא אוֹכַל לָךְ״ — רַבִּי מֵאִיר אוֹסֵר, וְאָמַר רַבִּי אַבָּא: נַעֲשָׂה כְּאוֹמֵר: ״לַקׇּרְבָּן יְהֵא, לְפִיכָךְ לֹא אוֹכַל לָךְ״.
The Gemara continues its analysis: Say the latter clause of the mishna: If he says: That which I will not eat of yours is not an offering, the food is permitted. The Gemara asks: But didn’t we learn in a mishna (13a) that if one said: That which I will not eat of yours will be for an offering [lekorban], Rabbi Meir forbids the food to him? And Rabbi Abba said that it is rendered as one who says: Your food will be to me for an offering; therefore, I will not eat of yours. The mishna appears to be incompatible with the opinion of Rabbi Meir as well.
לָא קַשְׁיָא: הָא דְּאָמַר ״לַקׇּרְבָּן״, הָא דְּאָמַר ״לָא לְקׇרְבָּן״ — דְּלָא הָוֵי קׇרְבָּן קָאָמַר.
The Gemara answers that this is not difficult. That mishna is referring to one who said: For an offering [lekorban], and the vow therefore takes effect. This mishna is referring to one who said: Not for an offering [la lekorban], where he is saying that it should not be an offering, and therefore the vow does not take effect.
מַתְנִי׳ שְׁבוּעָה לֹא אוֹכַל לָךְ, הָא שְׁבוּעָה שֶׁאוֹכַל לָךְ, לָא שְׁבוּעָה לֹא אוֹכַל לָךְ — אָסוּר.
MISHNA: If one says: An oath that I will not eat of yours, or: This is an oath that I will eat of yours [she’okhal lekha], or: Not an oath that I will not eat of yours, the food is forbidden.
גְּמָ׳ מִכְּלָל דְּהָא שְׁבוּעָה שֶׁאוֹכַל לָךְ — דְּלָא אָכֵילְנָא מַשְׁמַע. וּרְמִינְהוּ: שְׁבוּעוֹת שְׁתַּיִם שֶׁהֵן אַרְבַּע. שֶׁאוֹכַל וְשֶׁלֹּא אוֹכַל, שֶׁאָכַלְתִּי וְשֶׁלֹּא אָכַלְתִּי. מִדְּקָאָמַר שֶׁלֹּא אוֹכַל, שֶׁאָכַלְתִּי וְשֶׁלֹּא אָכַלְתִּי, מִכְּלָל דְּשֶׁאוֹכַל לָךְ — דְּאָכֵילְנָא מַשְׁמַע!
GEMARA: By inference from the mishna, it may be derived that the statement: This is an oath that I will eat of yours, indicates that I will not eat. And the Gemara raises a contradiction from a mishna (Shevuot 19b): There are two basic types of oaths that are in fact four: An oath that I will eat, and: That I will not eat; an oath that I ate, and: That I did not eat. From the fact that the mishna states: That I will eat, in contradistinction to: That I will not eat; that I ate, and in contradistinction: That I did not eat, it may be derived by inference that an oath that I will eat of yours [she’okhal lekha] indicates: An oath that I will eat. This contradicts our mishna.
אָמַר אַבָּיֵי: ״שֶׁאוֹכַל״ שְׁתֵּי לְשׁוֹנוֹת מַשְׁמַע. הָיוּ מְסָרְבִין בּוֹ לֶאֱכוֹל, וְאָמַר: ״אָכֵילְנָא אָכֵילְנָא״, וְתוּ: ״שְׁבוּעָה שֶׁאוֹכַל״ — דְּאָכֵילְנָא מַשְׁמַע. אֲבָל אָמַר: ״לָא אָכֵילְנָא לָא אָכֵילְנָא״, וְתוּ אָמַר: ״שְׁבוּעָה שֶׁאוֹכַל״ — ״דְּלָא אָכֵילְנָא״ קָאָמַר.
Abaye said: The phrase: That I will eat [she’okhal], indicates two expressions, depending on the context in which it is used. How so? If they were importuning [mesarevin] him to eat, and he said: I will eat, I will eat, and he furthermore said: An oath that I will eat [she’okhal], it indicates: That I will eat. However, if he said: I will not eat, I will not eat, and he furthermore said: An oath that I will eat [she’okhal], he is saying: That I will not eat. The oath is intended to reinforce his refusal to eat.
רַב אָשֵׁי אָמַר: ״שֶׁאוֹכַל״ דִּשְׁבוּעָה — ״שֶׁאִי אוֹכַל״ קָאָמַר. אִם כֵּן, פְּשִׁיטָא! מַאי לְמֵימְרָא? מַהוּ דְּתֵימָא: מֵיקַם לִישָּׁנָא הִיא דְּאִיתְּקִיל לֵיהּ, קָא מַשְׁמַע לַן.
Rav Ashi said that the phrase: That I will eat [she’okhal], cited in the mishna with regard to an oath, is actually saying that he said: That I will not eat [she’i okhal]. The Gemara asks: If so, the prohibition is obvious, as he explicitly took an oath not to eat. What is the purpose of stating this halakha? The Gemara answers: Lest you say that he blundered in properly upholding the wording, i.e., he mispronounced the vow, as his intention was to say: An oath that I will eat [she’okhal], the mishna teaches us that he meant that he will not eat.
אַבָּיֵי לָא אָמַר טַעַם כְּרַב אָשֵׁי — דְּלָא קָתָנֵי ״שֶׁאִי אוֹכַל״.
Abaye did not state the reason for the ruling of the mishna that was stated by Rav Ashi, as the mishna does not teach the case of: That I will not eat [she’i okhal]. Rather, it teaches the case of that I will eat [she’okhal].
וְרַב אָשֵׁי נָאדֵי מִן טַעַם דְּאַבָּיֵי. קָסָבַר ״שֶׁלֹּא אוֹכַל״ נָמֵי, מַשְׁמַע שְׁתֵּי לְשׁוֹנוֹת. הָיוּ מְסָרְבִין בּוֹ לֶאֱכוֹל וְאָמַר: ״לָא אָכֵילְנָא לָא אָכֵילְנָא״, וְאָמַר נָמֵי: ״שְׁבוּעָה״, בֵּין ״שֶׁאוֹכַל״ בֵּין ״שֶׁלֹּא אוֹכַל״ — הָדֵין ״אָכֵילְנָא״ מַשְׁמַע דְּאָמַר.
And Rav Ashi turned away [nadei] from the reason that Abaye stated, because he held that the phrase: That I will not eat, also indicates two expressions, depending on the context. For example, if they were importuning him to eat and he said: I will not eat, I will not eat, and subsequently he also said: An oath, then, in this case, whether the wording of the oath was: That I will eat, or: That I will not eat, this expression indicates that he is saying: I will eat. The statement: An oath that I will not eat, should be interpreted rhetorically in this context: Did I take an oath that I will not eat? Certainly I did not, as I will eat.
וְאִיכָּא לְתָרוֹצַהּ נָמֵי לִישָּׁנָא ״שְׁבוּעָה שֶׁלֹּא אוֹכַל״ — ״שְׁבוּעָה דְּלָא אָכֵילְנָא״ קָאָמַר. אֶלָּא תַּנָּא פַּסְקַהּ: ״שֶׁאוֹכַל״ — ״דְּאָכֵילְנָא״ מַשְׁמַע, וְ״שֶׁלֹּא אוֹכַל״ — ״לֹא אוֹכַל״ מַשְׁמַע.
And there is also a way to interpret the expression: An oath that I will not eat, as indicating its straightforward meaning, i.e., that he is saying: An oath that I will not eat. Therefore, the mishna cannot be interpreted in this manner. Rather, the tanna in tractate Shevuot clearly established a principle: That I will eat, indicates that I will eat, and: That I will not eat, indicates I will not eat. Therefore, the correct version of the mishna must be: That I will not eat [she’i okhal].
מַתְנִי׳ זֶה חוֹמֶר בַּשְּׁבוּעוֹת מִבַּנְּדָרִים, וְחוֹמֶר בַּנְּדָרִים מִבַּשְּׁבוּעוֹת. כֵּיצַד? אָמַר: ״קֻוֽנָּם סוּכָּה שֶׁאֲנִי עוֹשֶׂה״, ״לוּלָב שֶׁאֲנִי נוֹטֵל״, ״תְּפִילִּין שֶׁאֲנִי מַנִּיחַ״ — בַּנְּדָרִים אָסוּר, בַּשְּׁבוּעוֹת מוּתָּר, שֶׁאֵין נִשְׁבָּעִין לַעֲבוֹר עַל הַמִּצְוֹת.
MISHNA: This rule, that oaths can render actions, which do not have actual substance, either prohibited or obligatory, is a stringency of oaths vis-à-vis vows, which do not take effect with regard to matters that do not have actual substance. And there is also a stringency of vows vis-à-vis oaths. How so? With regard to one who said: Making a sukka is konam for me, or: Taking a lulav is konam for me, or: Donning phylacteries is konam for me, in the case of vows, the items are rendered forbidden, and he may not perform the mitzva until the vow is dissolved. However, in the case of similar oaths, these items are permitted, as one cannot take an oath to transgress the mitzvot.
גְּמָ׳ ״חוֹמֶר״, מִכְּלָל דְּנֶדֶר הוּא. וְהָא ״מוּתָּר״ קָתָנֵי!
GEMARA: It is stated in the mishna: This is a stringency of oaths vis-à-vis vows. The Gemara presumes that the mishna is referring to the distinction stated in previous mishnayot between saying: An offering that I will not eat of yours, and saying: An oath that I will not eat of yours. The Gemara asks: Should it be derived by inference that the statement: An offering that I will not eat of yours, is a valid vow by rabbinic law, and it is merely less stringent than the corresponding oath, which takes effect by Torah law? But doesn’t the mishna teach that it is permitted for him to eat, implying that the vow does not take effect at all?
אַסֵּיפָא דְּאִידַּךְ בָּבָא קָתָנֵי. ״שְׁבוּעָה שֶׁאֵינִי יָשֵׁן״, ״שֶׁאֵינִי מְדַבֵּר״, ״שֶׁאֵינִי מְהַלֵּךְ״ — אָסוּר. זֶה חוֹמֶר בַּשְּׁבוּעוֹת מִבַּנְּדָרִים.
The Gemara answers: This is taught with regard to the latter clause of the other section. As opposed to a vow that is taken with regard to a matter that does not have actual substance, which takes effect only by rabbinic law, as articulated in the mishna (14b) and Gemara (15a), the subsequent mishna (15b) teaches that if someone says: An oath that I will not sleep, or: That I will not speak, or: That I will not walk, this activity is forbidden to him. It is concerning this contrast that the mishna says: This is a stringency of oaths vis-à-vis vows.
חוֹמֶר בַּנְּדָרִים מִבַּשְּׁבוּעוֹת כֵּיצַד כּוּ׳. רַב כָּהֲנָא מַתְנֵי: אָמַר רַב גִּידֵּל אָמַר רַב. וְרַב טָבְיוֹמֵי מַתְנֵי: אָמַר רַב גִּידֵּל אָמַר שְׁמוּאֵל. מִנַּיִן שֶׁאֵין נִשְׁבָּעִין לַעֲבוֹר עַל הַמִּצְוֹת? תַּלְמוּד לוֹמַר: ״לֹא יַחֵל דְּבָרוֹ״, ״דְּבָרוֹ לֹא יַחֵל״ — אֲבָל מֵיחֵל הוּא לְחֶפְצֵי שָׁמַיִם.
§ It is stated in the mishna that there is a stringency of vows vis-à-vis oaths. How so? Whereas a vow can override a mitzva, an oath cannot. Rav Kahana teaches that Rav Giddel said that Rav said, and Rav Tavyumei teaches the same statement with a different attribution, i.e., Rav Giddel said that Shmuel said: From where is it derived that one cannot take an oath to transgress the mitzvot? The verse states: “He shall not profane his word” (Numbers 30:3). It is inferred that his word, i.e., the prohibition he accepted upon himself, he shall not profane. However, he may profane it for the desires of Heaven. If he took an oath to act against the will of God, the oath does not take effect.
מַאי שְׁנָא נֶדֶר — דִּכְתִיב: ״אִישׁ כִּי יִדֹּר נֶדֶר לַה׳ … לֹא יַחֵל דְּבָרוֹ״. שְׁבוּעָה נָמֵי, הָא כְּתִיב: ״אוֹ הִשָּׁבַע שְׁבֻעָה לַה׳ לֹא יַחֵל דְּבָרוֹ״!
The Gemara asks: What is different about a vow that enables it to override mitzvot? Granted, as it is written in the Torah: “When a man takes a vow to the Lord…he shall not profane his word” (Numbers 30:3), which indicates that even with regard to matters that pertain to the Lord, i.e., mitzvot, one shall not profane his word, as the vow takes effect. However, with regard to an oath it is also written in the same verse: “Or swears an oath” to God, “he shall not profane his word.”
אָמַר אַבָּיֵי: הָא דְּאָמַר ״הֲנָאַת סוּכָּה עָלַי״, הָא דְּאָמַר ״שְׁבוּעָה שֶׁלֹּא אֶהֱנֶה מִן הַסּוּכָּה״.
Abaye said: The distinction is not between oaths and vows per se, but rather between the phraseology in each case. How so? This case, in which the prohibition overrides the mitzva, is referring to one who said: The benefit derived from a sukka is hereby forbidden to me. Since the vow renders the sukka a forbidden object, it takes effect and overrides the mitzva, as one may not be fed what is forbidden to him, even if it is forbidden only to him. By contrast, that case, in which the prohibition does not take effect, is referring to one who said: I hereby take an oath that I will not derive benefit from the sukka. The oath does not take effect, as one is not entitled to take an oath to abstain from an act that he is obligated to perform.
אָמַר רָבָא: וְכִי מִצְוֹת לֵיהָנוֹת נִיתְּנוּ? אֶלָּא, אָמַר רָבָא: הָא דְּאָמַר ״יְשִׁיבַת סוּכָּה עָלַי״, וְהָא דְּאָמַר ״שְׁבוּעָה שֶׁלֹּא אֵשֵׁב בַּסּוּכָּה״.
Rava said in objection to the explanation of Abaye: But were mitzvot given for the purpose of deriving benefit? The performance of mitzvot is not considered benefit. Why then would performance of the mitzva with the sukka be considered deriving benefit? Rather, Rava said a different explanation: This case is referring to one who said: Dwelling in a sukka is hereby prohibited to me, and that case is referring to one who said: I hereby take an oath that I will not dwell in a sukka.
וְשֶׁאֵין נִשְׁבָּעִין לַעֲבוֹר עַל הַמִּצְוֹת מֵהָכָא נָפְקָא לֵיהּ? מֵהָתָם נָפְקָא לֵיהּ, דְּתַנְיָא: יָכוֹל נִשְׁבַּע לְבַטֵּל אֶת הַמִּצְוָה וְלֹא בִּיטֵּל, יָכוֹל יְהֵא חַיָּיב —
§ The Gemara asks: And is the principle that one cannot take an oath to transgress the mitzvot derived from here, i.e., the above verse? It is derived from there, i.e., another verse, as it is taught in a baraita: One might have thought that if one takes an oath to nullify a mitzva and does not nullify it, one might have thought that he will be liable for violating an oath on a statement.
