Search

Nedarim 24

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder

0:00
0:00




podcast placeholder

0:00
0:00




Summary
Today’s daf is sponsored by Silke Goldberg in loving memory of her mother, Leoni Kimmel on her 3rd yahrzeit. “She was a fantastic teacher and strong believer in learning and equality for women.” 
Do the sages disagree with R. Eliezer ben Yaakov and think that prompting one’s friend to eat with them is not a vow of zeruzin? The Gemara cites four different sources to prove the sages disagree with him. The proof from each of these sources is rejected except for the last one. In any case, the amoraim rule with Rabbi Eliezer ben Yaakov. The Mishna gives two examples of the neder havai, vows of exaggeration/meaningless vows. The Gemara brings a braita in which they compare the vows of exaggeration with the oaths of exaggeration. What is an example of an oath of this type? Rava and Abaye disagree on the matter. Ravina asks about the case of an oath dependent on having seen the number of those that left Egypt (600,000). Why is that viewed as an exaggeration and not that he saw a nest of 600,000 ants?

 

Today’s daily daf tools:

Nedarim 24

״קֻוֽנָּם שֶׁאֵינִי נֶהֱנֶה לְךָ אִם אִי אַתָּה נוֹטֵל לְבִנְךָ כּוֹר שֶׁל חִיטִּין וּשְׁתֵּי חָבִיּוֹת שֶׁל יַיִן״, הֲרֵי זֶה יָכוֹל לְהַתִּיר אֶת נִדְרוֹ שֶׁלֹּא עַל פִּי חָכָם, שֶׁיָּכוֹל לוֹמַר לוֹ: כְּלוּם אָמַרְתָּ אֶלָּא בִּשְׁבִיל כְּבוֹדִי — זֶה הוּא כְּבוֹדִי.

Benefiting from you is konam for me if you do not take from me for your son a kor of wheat and two barrels of wine as a gift, this other individual can dissolve his vow without the involvement of a halakhic authority. This is because he can say to the one who vowed: Did you say your vow for any reason other than due to my honor, in order to convince me to accept a gift for my son? This is my honor, that I refrain from accepting the gift.

טַעְמָא דְּאָמַר ״זֶה הוּא כְּבוֹדִי״, הָא לָאו הָכִי — נֶדֶר הוּא. מַנִּי? אִי רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב — נִדְרֵי זֵירוּזִין הָוֵי. אֶלָּא שְׁמַע מִינַּהּ: פְּלִיגִי רַבָּנַן עֲלֵיהּ.

The Gemara infers: The reason that he may dissolve the vow without a halakhic authority is because the potential recipient said: This is my honor. But if he did not say so, then it is a vow. The Gemara clarifies: Whose opinion does this follow? If it is the opinion of Rabbi Eliezer ben Ya’akov, then it is included in the category of vows of exhortation and is not considered a vow, since the intention was solely to encourage the other individual to accept the gift. Rather, conclude from this mishna that the Rabbis disagree with him and hold that vows of exhortation are also vows.

לְעוֹלָם רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב הִיא, וּמוֹדֶה רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב בְּהַאי דְּנִדְרָא הָוֵי, דְּאָמַר לֵיהּ: לָא כַּלְבָּא אֲנָא, דְּמִיתְהֲנֵינָא מִינָּךְ וְלָא מִיתְהֲנֵית מִינַּאי.

The Gemara responds: Actually, it is in accordance with the opinion of Rabbi Eliezer ben Ya’akov, but Rabbi Eliezer ben Ya’akov concedes in this case that it is a vow and not just a means of encouragement because the one who took the vow said to him: I am not a dog, that I benefit from you and you do not benefit from me. Therefore, one truly wants the vow to be valid so that the other will accept the gift, and it was not intended merely as a means of encouragement.

תָּא שְׁמַע: הָאוֹמֵר לַחֲבֵירוֹ ״קֻוֽנָּם שֶׁאַתָּה נֶהֱנֵית לִי אִם אִי אַתָּה נוֹתֵן לִבְנִי כּוֹר שֶׁל חִיטִּין וּשְׁתֵּי חָבִיּוֹת שֶׁל יַיִן״, רַבִּי מֵאִיר אוֹמֵר: עַד שֶׁיִּתֵּן. וַחֲכָמִים אוֹמְרִים: אַף זֶה יָכוֹל לְהַתִּיר אֶת נִדְרוֹ שֶׁלֹּא עַל פִּי חָכָם, שֶׁיָּכוֹל לוֹמַר: הֲרֵינִי כְּאִילּוּ הִתְקַבַּלְתִּי.

The Gemara suggests another proof: Come and hear the continuation of that mishna: So too, in the case of one who says to another: Benefiting from me is konam for you if you do not give my son a kor of wheat and two barrels of wine, Rabbi Meir says: The vow is valid, and he may not benefit from the one who took the vow until he gives the gift. And the Rabbis say: Even this individual who took the vow can dissolve his own vow without the involvement of a halakhic authority, as he can say: I hereby consider it as though I received the gift from you.

טַעְמָא דְּאָמַר ״הֲרֵינִי כְּאִילּוּ הִתְקַבַּלְתִּי״, הָא לָאו הָכִי — נֶדֶר הוּא. מַנִּי? אִי רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב — נִדְרֵי זֵירוּזִין הָוֵי, אֶלָּא לָאו: רַבָּנַן, וּפְלִיגִי!

The Gemara infers: The reason is because he said: I hereby consider it as though I received it from you. But if he did not say so, it would be a vow. The Gemara clarifies: Whose opinion does this statement reflect? If it reflects the opinion of Rabbi Eliezer ben Ya’akov, then it is included in the category of vows of exhortation. Rather, is it not the opinion of the Rabbis, and this demonstrates that the Rabbis disagree with him with regard to vows of exhortation?

לָא, לְעוֹלָם רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב, וּמוֹדֶה רַבִּי אֱלִיעֶזֶר בְּהַאי דְּנִדְרָא הָוֵי, מִשּׁוּם דְּאָמַר לֵיהּ: לָאו מַלְכָּא אֲנָא, דִּמְהַנֵּינָא לָךְ וְאַתְּ לָא מְהַנֵּית לִי.

The Gemara responds: No, actually it is possible that it is in accordance with the opinion of Rabbi Eliezer ben Ya’akov. And Rabbi Eliezer ben Ya’akov concedes in this case that it is considered a vow because the one that took the vow says to him: I am not a king that I provide benefit to you and you do not provide benefit to me. Consequently, the intent is not simply to encourage him but rather, to actually take a vow.

אֲמַר לֵיהּ מָר קַשִּׁישָׁא בְּרֵיהּ דְּרַב חִסְדָּא לְרַב אָשֵׁי, תָּא שְׁמַע: נִדְרֵי אוֹנָסִין, הִדִּירוֹ חֲבֵירוֹ שֶׁיֹּאכַל אֶצְלוֹ, וְחָלָה הוּא אוֹ חָלָה בְּנוֹ אוֹ שֶׁעִכְּבוֹ נָהָר. הָא לָאו הָכִי — נֶדֶר הוּא. מַנִּי? אִי רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב — זֵירוּזִין הָוֵי. אֶלָּא לָאו: רַבָּנַן, וּפְלִיגִי!

Mar Kashisha, son of Rav Ḥisda, said to Rav Ashi: Come and hear a proof from a mishna (27a): What are examples of vows impeded by circumstances beyond one’s control, which do not require dissolution? If one’s friend took a vow with regard to him that he should eat with him, and then he became sick, or his son became sick, or a river that he was unable to cross barred him from coming, these are vows impeded by circumstances beyond one’s control. The Gemara infers: Such a vow does not require dissolution in cases like these, but if not for this unavoidable element, it would be a vow. The Gemara clarifies: Whose opinion does this follow? If it follows the opinion of Rabbi Eliezer ben Ya’akov, then they are vows of exhortation that he did not intend to be treated as vows at all. Rather, is it not the opinion of the Rabbis, and it is therefore clear that the Rabbis disagree with him?

לְעוֹלָם רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב, וּמִי סָבְרַתְּ דְּאַדְּרֵיהּ מְזַמְּנָא לִזְמִינָא? לָא, דִּזְמִינָא אַדְּרֵיהּ לִמְזַמְּנָא. דַּאֲמַר לֵיהּ מְזַמְּנַתְּ לִי לִסְעוֹדְתָּיךְ? אֲמַר לֵיהּ: אִין. נֶדֶר זֶה עָלֶיךָ? וְנָדַר. וְחָלָה הוּא אוֹ שֶׁחָלָה בְּנוֹ אוֹ שֶׁעִכְּבוֹ נָהָר — הֲרֵי אֵלּוּ נִדְרֵי אוֹנָסִין.

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, or a river barred him from coming; these are vows impeded by circumstances beyond one’s control. Because the vow was initiated by the potential guest rather than the host, it cannot qualify as a vow of exhortation. Consequently, dissolution is not allowed except when unavoidable situations like these occur.

תָּא שְׁמַע: יָתֵר עַל כֵּן, אָמַר רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב: הָאוֹמֵר לַחֲבֵירוֹ ״קֻוֽנָּם שֶׁאֲנִי נֶהֱנֶה לָךְ אִם אִי אַתָּה מִתְאָרֵחַ אֶצְלִי וְתֹאכַל עִמִּי פַּת חַמָּה וְתִשְׁתֶּה עִמִּי כּוֹס חַמִּין״, וְהַלָּה הִקְפִּיד כְּנֶגְדּוֹ — אַף אֵלּוּ נִדְרֵי זֵירוּזִין. וְלֹא הוֹדוּ לוֹ חֲכָמִים. מַאי ״לֹא הוֹדוּ לוֹ חֲכָמִים״? לָאו

Come and hear another proof: Further to the point of the mishna, Rabbi Eliezer ben Ya’akov said: In the case of one who says to his friend: Benefiting from you is konam for me if you do not lodge with me, and eat hot bread with me, and drink a cup of hot water with me, and the other becomes irritated at him because he was forcing him to do so, these are also vows of exhortation. But the Rabbis did not concede to him on this issue, because the friend’s opposition implies that the vow must be a valid vow and not a vow of exhortation. The Gemara clarifies: What is the meaning of: The Rabbis did not concede to him? Does it not

דַּאֲפִילּוּ בְּקַמַּיְיתָא, וּשְׁמַע מִינַּהּ פְּלִיגִי רַבָּנַן עֲלֵיהּ. שְׁמַע מִינַּהּ.

mean that even in the earlier cases, where he did not become irritated, they disagree with regard to vows of exhortation and hold that these vows are indeed valid, and can one conclude from here that the Rabbis disagree with him? The Gemara concludes: Conclude from here that this is so.

מַאי הָוֵי עֲלַהּ? תָּא שְׁמַע, דְּאָמַר רַב הוּנָא: הֲלָכָה כְּרַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב, וְכֵן אָמַר רַב אַדָּא בַּר אַהֲבָה: הֲלָכָה כְּרַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב.

With regard to the practical conclusion of this dispute, the Gemara asks: What halakhic conclusion was reached about this matter? Does the halakha follow the opinion of the Rabbis or that of Rabbi Eliezer ben Ya’akov? The Gemara answers: Come and hear that which Rav Huna said: The halakha is in accordance with the opinion of Rabbi Eliezer ben Ya’akov. And so said Rav Adda bar Ahava: The halakha is in accordance with the opinion of Rabbi Eliezer ben Ya’akov.

מַתְנִי׳ נִדְרֵי הֲבַאי, אָמַר: ״קֻוֽנָּם אִם לֹא רָאִיתִי בַּדֶּרֶךְ הַזֶּה כְּעוֹלֵי מִצְרַיִם״, ״אִם לֹא רָאִיתִי נָחָשׁ כְּקוֹרַת בֵּית הַבַּד״.

MISHNA: Vows of exaggeration that the Sages dissolved without a request to a halakhic authority, as described in the first mishna in the chapter, include the following examples. If one said concerning a certain item: It is konam for me if I did not see on this road as many people as those who ascended from Egypt, or if he said: It is konam for me if I did not see a snake as large as the beam of an olive press, in these cases the speaker did not intend to vow but used hyperbole to demonstrate a point, and it is understood by others that the expression is not to be taken literally.

גְּמָ׳ תָּנָא: נִדְרֵי הֲבַאי — מוּתָּרִין, שָׁבוּעוֹת הֲבַאי — אֲסוּרִין.

GEMARA: A Sage taught: Items rendered forbidden through vows of exaggeration [havai] are permitted; items rendered forbidden through oaths of exaggeration are forbidden. Since oaths are very severe, one does not take an oath unless he intends it seriously. Therefore, it is not viewed as an oath of exaggeration.

הֵיכִי דָּמֵי שָׁבוּעוֹת הֲבַאי? אִילֵימָא דְּאָמַר ״שְׁבוּעָה אִם לֹא רָאִיתִי בַּדֶּרֶךְ הַזֶּה״ — מִידַּעַם קָאָמַר?!

The Gemara clarifies the details: What are the circumstances of the case of oaths of exaggeration? If we say that it is when one said: I take an oath if I did not see on this road as many people as those who ascended from Egypt, is he saying anything? This statement is not formulated in the form of an oath and therefore has no validity at all, even if he was serious.

אָמַר אַבָּיֵי: דְּאָמַר ״שְׁבוּעָה שֶׁרָאִיתִי״. אֲמַר לֵיהּ רָבָא: אִם כֵּן לְמָה לִי לְמֵימַר? וְעוֹד: דּוּמְיָא דְּנֶדֶר קָתָנֵי! אֶלָּא אָמַר רָבָא, בְּאוֹמֵר: ״יֵאָסְרוּ פֵּירוֹת הָעוֹלָם עָלַי בִּשְׁבוּעָה אִם לֹא רָאִיתִי בַּדֶּרֶךְ הַזֶּה כְּעוֹלֵי מִצְרַיִם״.

The Gemara answers: Abaye said that in a case where one says: I take an oath that I saw on this road as many people as those who ascended from Egypt, the oath is valid. If he did not see that many people, he has taken a false oath. Rava said to him: If so, why do I need to say this; it is not a novelty? And furthermore, it teaches that the case of an oath is similar to that of a vow: Just as in the case of a vow he speaks of not seeing, so too with regard to an oath he must be speaking of not seeing. Rather, Rava said: An oath of exaggeration is where he says: All the produce of the world shall be forbidden to me by an oath if I did not see on this road as many people as those who ascended from Egypt.

אֲמַר לֵיהּ רָבִינָא לְרַב אָשֵׁי: וְדִלְמָא הַאי גַּבְרָא קִינָּא דְשׁוּמְשְׁמָנֵי חֲזָא וְאַסֵּיק לְהוֹן שְׁמָא ״עוֹלֵי מִצְרַיִם״, וְשַׁפִּיר מִשְׁתְּבַע?

Ravina said to Rav Ashi: And perhaps this man saw an anthill and called them: Those who ascended from Egypt, because the quantity of ants was so numerous, and he took an oath properly. Why, then, do we say that this is an oath taken in vain?

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.

Shira Eliaser
Shira Eliaser

Skokie, IL, United States

I start learning Daf Yomi in January 2020. The daily learning with Rabbanit Michelle has kept me grounded in this very uncertain time. Despite everything going on – the Pandemic, my personal life, climate change, war, etc… I know I can count on Hadran’s podcast to bring a smile to my face.
Deb Engel
Deb Engel

Los Angeles, United States

I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.

Medinah Korn
Medinah Korn

בית שמש, Israel

I started at the beginning of this cycle. No 1 reason, but here’s 5.
In 2019 I read about the upcoming siyum hashas.
There was a sermon at shul about how anyone can learn Talmud.
Talmud references come up when I am studying. I wanted to know more.
Yentl was on telly. Not a great movie but it’s about studying Talmud.
I went to the Hadran website: A new cycle is starting. I’m gonna do this

Denise Neapolitan
Denise Neapolitan

Cambridge, United Kingdom

I started my Daf Yomi journey at the beginning of the COVID19 pandemic.

Karena Perry
Karena Perry

Los Angeles, United States

In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!

Beth Kissileff
Beth Kissileff

Pittsburgh, United States

Retirement and Covid converged to provide me with the opportunity to commit to daily Talmud study in October 2020. I dove into the middle of Eruvin and continued to navigate Seder Moed, with Rabannit Michelle as my guide. I have developed more confidence in my learning as I completed each masechet and look forward to completing the Daf Yomi cycle so that I can begin again!

Rhona Fink
Rhona Fink

San Diego, United States

I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!

Rochel Cheifetz
Rochel Cheifetz

Riverdale, NY, United States

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.

Rachel Rotenberg
Rachel Rotenberg

Tekoa, Israel

I started learning Daf Yomi to fill what I saw as a large gap in my Jewish education. I also hope to inspire my three daughters to ensure that they do not allow the same Talmud-sized gap to form in their own educations. I am so proud to be a part of the Hadran community, and I have loved learning so many of the stories and halachot that we have seen so far. I look forward to continuing!
Dora Chana Haar
Dora Chana Haar

Oceanside NY, United States

I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Sigal Spitzer Flamholz

Bronx, United States

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

See video

Susan Fisher
Susan Fisher

Raanana, Israel

I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.

Patti Evans
Patti Evans

Phoenix, Arizona, United States

I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.

Rachel Rotenberg
Rachel Rotenberg

Tekoa, 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.

Anne Rubin
Anne Rubin

Elkins Park, United States

Jill Shames
Jill Shames

Jerusalem, Israel

A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!

Cindy Dolgin
Cindy Dolgin

HUNTINGTON, United States

With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!

Sharon Mink
Sharon Mink

Haifa, Israel

Nedarim 24

״קֻוֽנָּם שֶׁאֵינִי נֶהֱנֶה לְךָ אִם אִי אַתָּה נוֹטֵל לְבִנְךָ כּוֹר שֶׁל חִיטִּין וּשְׁתֵּי חָבִיּוֹת שֶׁל יַיִן״, הֲרֵי זֶה יָכוֹל לְהַתִּיר אֶת נִדְרוֹ שֶׁלֹּא עַל פִּי חָכָם, שֶׁיָּכוֹל לוֹמַר לוֹ: כְּלוּם אָמַרְתָּ אֶלָּא בִּשְׁבִיל כְּבוֹדִי — זֶה הוּא כְּבוֹדִי.

Benefiting from you is konam for me if you do not take from me for your son a kor of wheat and two barrels of wine as a gift, this other individual can dissolve his vow without the involvement of a halakhic authority. This is because he can say to the one who vowed: Did you say your vow for any reason other than due to my honor, in order to convince me to accept a gift for my son? This is my honor, that I refrain from accepting the gift.

טַעְמָא דְּאָמַר ״זֶה הוּא כְּבוֹדִי״, הָא לָאו הָכִי — נֶדֶר הוּא. מַנִּי? אִי רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב — נִדְרֵי זֵירוּזִין הָוֵי. אֶלָּא שְׁמַע מִינַּהּ: פְּלִיגִי רַבָּנַן עֲלֵיהּ.

The Gemara infers: The reason that he may dissolve the vow without a halakhic authority is because the potential recipient said: This is my honor. But if he did not say so, then it is a vow. The Gemara clarifies: Whose opinion does this follow? If it is the opinion of Rabbi Eliezer ben Ya’akov, then it is included in the category of vows of exhortation and is not considered a vow, since the intention was solely to encourage the other individual to accept the gift. Rather, conclude from this mishna that the Rabbis disagree with him and hold that vows of exhortation are also vows.

לְעוֹלָם רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב הִיא, וּמוֹדֶה רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב בְּהַאי דְּנִדְרָא הָוֵי, דְּאָמַר לֵיהּ: לָא כַּלְבָּא אֲנָא, דְּמִיתְהֲנֵינָא מִינָּךְ וְלָא מִיתְהֲנֵית מִינַּאי.

The Gemara responds: Actually, it is in accordance with the opinion of Rabbi Eliezer ben Ya’akov, but Rabbi Eliezer ben Ya’akov concedes in this case that it is a vow and not just a means of encouragement because the one who took the vow said to him: I am not a dog, that I benefit from you and you do not benefit from me. Therefore, one truly wants the vow to be valid so that the other will accept the gift, and it was not intended merely as a means of encouragement.

תָּא שְׁמַע: הָאוֹמֵר לַחֲבֵירוֹ ״קֻוֽנָּם שֶׁאַתָּה נֶהֱנֵית לִי אִם אִי אַתָּה נוֹתֵן לִבְנִי כּוֹר שֶׁל חִיטִּין וּשְׁתֵּי חָבִיּוֹת שֶׁל יַיִן״, רַבִּי מֵאִיר אוֹמֵר: עַד שֶׁיִּתֵּן. וַחֲכָמִים אוֹמְרִים: אַף זֶה יָכוֹל לְהַתִּיר אֶת נִדְרוֹ שֶׁלֹּא עַל פִּי חָכָם, שֶׁיָּכוֹל לוֹמַר: הֲרֵינִי כְּאִילּוּ הִתְקַבַּלְתִּי.

The Gemara suggests another proof: Come and hear the continuation of that mishna: So too, in the case of one who says to another: Benefiting from me is konam for you if you do not give my son a kor of wheat and two barrels of wine, Rabbi Meir says: The vow is valid, and he may not benefit from the one who took the vow until he gives the gift. And the Rabbis say: Even this individual who took the vow can dissolve his own vow without the involvement of a halakhic authority, as he can say: I hereby consider it as though I received the gift from you.

טַעְמָא דְּאָמַר ״הֲרֵינִי כְּאִילּוּ הִתְקַבַּלְתִּי״, הָא לָאו הָכִי — נֶדֶר הוּא. מַנִּי? אִי רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב — נִדְרֵי זֵירוּזִין הָוֵי, אֶלָּא לָאו: רַבָּנַן, וּפְלִיגִי!

The Gemara infers: The reason is because he said: I hereby consider it as though I received it from you. But if he did not say so, it would be a vow. The Gemara clarifies: Whose opinion does this statement reflect? If it reflects the opinion of Rabbi Eliezer ben Ya’akov, then it is included in the category of vows of exhortation. Rather, is it not the opinion of the Rabbis, and this demonstrates that the Rabbis disagree with him with regard to vows of exhortation?

לָא, לְעוֹלָם רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב, וּמוֹדֶה רַבִּי אֱלִיעֶזֶר בְּהַאי דְּנִדְרָא הָוֵי, מִשּׁוּם דְּאָמַר לֵיהּ: לָאו מַלְכָּא אֲנָא, דִּמְהַנֵּינָא לָךְ וְאַתְּ לָא מְהַנֵּית לִי.

The Gemara responds: No, actually it is possible that it is in accordance with the opinion of Rabbi Eliezer ben Ya’akov. And Rabbi Eliezer ben Ya’akov concedes in this case that it is considered a vow because the one that took the vow says to him: I am not a king that I provide benefit to you and you do not provide benefit to me. Consequently, the intent is not simply to encourage him but rather, to actually take a vow.

אֲמַר לֵיהּ מָר קַשִּׁישָׁא בְּרֵיהּ דְּרַב חִסְדָּא לְרַב אָשֵׁי, תָּא שְׁמַע: נִדְרֵי אוֹנָסִין, הִדִּירוֹ חֲבֵירוֹ שֶׁיֹּאכַל אֶצְלוֹ, וְחָלָה הוּא אוֹ חָלָה בְּנוֹ אוֹ שֶׁעִכְּבוֹ נָהָר. הָא לָאו הָכִי — נֶדֶר הוּא. מַנִּי? אִי רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב — זֵירוּזִין הָוֵי. אֶלָּא לָאו: רַבָּנַן, וּפְלִיגִי!

Mar Kashisha, son of Rav Ḥisda, said to Rav Ashi: Come and hear a proof from a mishna (27a): What are examples of vows impeded by circumstances beyond one’s control, which do not require dissolution? If one’s friend took a vow with regard to him that he should eat with him, and then he became sick, or his son became sick, or a river that he was unable to cross barred him from coming, these are vows impeded by circumstances beyond one’s control. The Gemara infers: Such a vow does not require dissolution in cases like these, but if not for this unavoidable element, it would be a vow. The Gemara clarifies: Whose opinion does this follow? If it follows the opinion of Rabbi Eliezer ben Ya’akov, then they are vows of exhortation that he did not intend to be treated as vows at all. Rather, is it not the opinion of the Rabbis, and it is therefore clear that the Rabbis disagree with him?

לְעוֹלָם רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב, וּמִי סָבְרַתְּ דְּאַדְּרֵיהּ מְזַמְּנָא לִזְמִינָא? לָא, דִּזְמִינָא אַדְּרֵיהּ לִמְזַמְּנָא. דַּאֲמַר לֵיהּ מְזַמְּנַתְּ לִי לִסְעוֹדְתָּיךְ? אֲמַר לֵיהּ: אִין. נֶדֶר זֶה עָלֶיךָ? וְנָדַר. וְחָלָה הוּא אוֹ שֶׁחָלָה בְּנוֹ אוֹ שֶׁעִכְּבוֹ נָהָר — הֲרֵי אֵלּוּ נִדְרֵי אוֹנָסִין.

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, or a river barred him from coming; these are vows impeded by circumstances beyond one’s control. Because the vow was initiated by the potential guest rather than the host, it cannot qualify as a vow of exhortation. Consequently, dissolution is not allowed except when unavoidable situations like these occur.

תָּא שְׁמַע: יָתֵר עַל כֵּן, אָמַר רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב: הָאוֹמֵר לַחֲבֵירוֹ ״קֻוֽנָּם שֶׁאֲנִי נֶהֱנֶה לָךְ אִם אִי אַתָּה מִתְאָרֵחַ אֶצְלִי וְתֹאכַל עִמִּי פַּת חַמָּה וְתִשְׁתֶּה עִמִּי כּוֹס חַמִּין״, וְהַלָּה הִקְפִּיד כְּנֶגְדּוֹ — אַף אֵלּוּ נִדְרֵי זֵירוּזִין. וְלֹא הוֹדוּ לוֹ חֲכָמִים. מַאי ״לֹא הוֹדוּ לוֹ חֲכָמִים״? לָאו

Come and hear another proof: Further to the point of the mishna, Rabbi Eliezer ben Ya’akov said: In the case of one who says to his friend: Benefiting from you is konam for me if you do not lodge with me, and eat hot bread with me, and drink a cup of hot water with me, and the other becomes irritated at him because he was forcing him to do so, these are also vows of exhortation. But the Rabbis did not concede to him on this issue, because the friend’s opposition implies that the vow must be a valid vow and not a vow of exhortation. The Gemara clarifies: What is the meaning of: The Rabbis did not concede to him? Does it not

דַּאֲפִילּוּ בְּקַמַּיְיתָא, וּשְׁמַע מִינַּהּ פְּלִיגִי רַבָּנַן עֲלֵיהּ. שְׁמַע מִינַּהּ.

mean that even in the earlier cases, where he did not become irritated, they disagree with regard to vows of exhortation and hold that these vows are indeed valid, and can one conclude from here that the Rabbis disagree with him? The Gemara concludes: Conclude from here that this is so.

מַאי הָוֵי עֲלַהּ? תָּא שְׁמַע, דְּאָמַר רַב הוּנָא: הֲלָכָה כְּרַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב, וְכֵן אָמַר רַב אַדָּא בַּר אַהֲבָה: הֲלָכָה כְּרַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב.

With regard to the practical conclusion of this dispute, the Gemara asks: What halakhic conclusion was reached about this matter? Does the halakha follow the opinion of the Rabbis or that of Rabbi Eliezer ben Ya’akov? The Gemara answers: Come and hear that which Rav Huna said: The halakha is in accordance with the opinion of Rabbi Eliezer ben Ya’akov. And so said Rav Adda bar Ahava: The halakha is in accordance with the opinion of Rabbi Eliezer ben Ya’akov.

מַתְנִי׳ נִדְרֵי הֲבַאי, אָמַר: ״קֻוֽנָּם אִם לֹא רָאִיתִי בַּדֶּרֶךְ הַזֶּה כְּעוֹלֵי מִצְרַיִם״, ״אִם לֹא רָאִיתִי נָחָשׁ כְּקוֹרַת בֵּית הַבַּד״.

MISHNA: Vows of exaggeration that the Sages dissolved without a request to a halakhic authority, as described in the first mishna in the chapter, include the following examples. If one said concerning a certain item: It is konam for me if I did not see on this road as many people as those who ascended from Egypt, or if he said: It is konam for me if I did not see a snake as large as the beam of an olive press, in these cases the speaker did not intend to vow but used hyperbole to demonstrate a point, and it is understood by others that the expression is not to be taken literally.

גְּמָ׳ תָּנָא: נִדְרֵי הֲבַאי — מוּתָּרִין, שָׁבוּעוֹת הֲבַאי — אֲסוּרִין.

GEMARA: A Sage taught: Items rendered forbidden through vows of exaggeration [havai] are permitted; items rendered forbidden through oaths of exaggeration are forbidden. Since oaths are very severe, one does not take an oath unless he intends it seriously. Therefore, it is not viewed as an oath of exaggeration.

הֵיכִי דָּמֵי שָׁבוּעוֹת הֲבַאי? אִילֵימָא דְּאָמַר ״שְׁבוּעָה אִם לֹא רָאִיתִי בַּדֶּרֶךְ הַזֶּה״ — מִידַּעַם קָאָמַר?!

The Gemara clarifies the details: What are the circumstances of the case of oaths of exaggeration? If we say that it is when one said: I take an oath if I did not see on this road as many people as those who ascended from Egypt, is he saying anything? This statement is not formulated in the form of an oath and therefore has no validity at all, even if he was serious.

אָמַר אַבָּיֵי: דְּאָמַר ״שְׁבוּעָה שֶׁרָאִיתִי״. אֲמַר לֵיהּ רָבָא: אִם כֵּן לְמָה לִי לְמֵימַר? וְעוֹד: דּוּמְיָא דְּנֶדֶר קָתָנֵי! אֶלָּא אָמַר רָבָא, בְּאוֹמֵר: ״יֵאָסְרוּ פֵּירוֹת הָעוֹלָם עָלַי בִּשְׁבוּעָה אִם לֹא רָאִיתִי בַּדֶּרֶךְ הַזֶּה כְּעוֹלֵי מִצְרַיִם״.

The Gemara answers: Abaye said that in a case where one says: I take an oath that I saw on this road as many people as those who ascended from Egypt, the oath is valid. If he did not see that many people, he has taken a false oath. Rava said to him: If so, why do I need to say this; it is not a novelty? And furthermore, it teaches that the case of an oath is similar to that of a vow: Just as in the case of a vow he speaks of not seeing, so too with regard to an oath he must be speaking of not seeing. Rather, Rava said: An oath of exaggeration is where he says: All the produce of the world shall be forbidden to me by an oath if I did not see on this road as many people as those who ascended from Egypt.

אֲמַר לֵיהּ רָבִינָא לְרַב אָשֵׁי: וְדִלְמָא הַאי גַּבְרָא קִינָּא דְשׁוּמְשְׁמָנֵי חֲזָא וְאַסֵּיק לְהוֹן שְׁמָא ״עוֹלֵי מִצְרַיִם״, וְשַׁפִּיר מִשְׁתְּבַע?

Ravina said to Rav Ashi: And perhaps this man saw an anthill and called them: Those who ascended from Egypt, because the quantity of ants was so numerous, and he took an oath properly. Why, then, do we say that this is an oath taken in vain?

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete