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Mishnah Nedarim
משנה נדרים
Sefaria Community Translation
https://www.sefaria.org
Mishnah Nedarim
Chapter 1
All colloquial terms for vows are the same as vows; those for devotions are the same as devotions; those for oaths are the same as oaths; those for Nazarite [vows] are the same as Nazarite [vows]. One who says to one's peer "I am forbidden by vow from you"; "I am separated from you"; "I am distanced from you"; "I may not eat yours"; "I may not taste yours" - [the object of his vow] is forbidden. "I am excommunicated from you" - Rabbi Akiva was inclined to be stringent. [Using the phrase] "Like the vows of the wicked" - is a vow when concerning Nazarite, and offering, and oath. [Using the phrase] "Like the vows of the pious" - it is as if he had said nothing. "Like their donation" - is a vow when concerning Nazarite or an offering.
One who says to one's peer "<i>Konam</i>" or "<i>Konach</i>" or "<i>Konas</i>" - these are colloquial terms for an offering ("<i>Korban</i>"). "<i>Cherek</i>", "<i>Cherekh</i>", "<i>Cheref</i>" - these are colloquial terms for devotions ("<i>Cherem</i>"). "<i>Nazik</i>", "<i>Naziyach</i>", "<i>Paziyach</i>" - these are colloquial terms for a Nazarite [vow] ("<i>Nazir</i>"). "<i>Shevutah</i>", "<i>Shekukah</i>", "<i>Nadar Bemota</i>" - these are colloquial terms for oath ("<i>Shevu'ah</i>").
If one says to his fellow: "Not <i>chullin</i> (non-sanctified food) shall I eat of yours", [or] "not kosher" or "not permitted", [or] "pure" or "impure", [or] "<i>notar</i>" or "<i>piggul</i>" (disqualified sacrifices) - [the food is] forbidden. [If one says to one's fellow:] "Like a lamb", [or] "like enclosures", [or] "like wood", [or] "like fires", [or] "like the altar", [or] "like the sanctuary", [or] "like Jerusalem", [or] if one made a vow on any of the instruments of the altar, even though there was no mention of sacrifice - behold, [it is as if] he has vowed [and forbidden the object] like a <i>Korban</i>. Rabbi Yehuda says: If he [only] said "Jerusalem", it is as if he had said nothing.
The person who states "<i>korban</i>," "<i>olah</i>," "<i>minchah</i>," "<i>chattat</i>," "<i>todah</i>," or "<i>shelamim</i> [be that] which I don't eat of your food" - [the food] is forbidden. Rabbi Yehudah permits [the food]. If the person states "the <i>korban</i>," "like the <i>korban</i>," [or] "<i>korban</i> is that which I eat of yours" - [the food is] forbidden. [If he says] "for the <i>korban</i> shall I not eat of your [food]," Rabbi Meir forbids him [from eating the food]. If someone says to his friend "<i>konam</i> is my mouth that speaks with you," "[<i>konam</i> is] my hand that does work with you," or "[<i>konam</i> is] my foot that walks with you," - [the speaker is] forbidden [from speaking, doing work, or walking with the object of the vow].
Chapter 2
And these are permitted [to eat, because the vows are invalid]: [the person who says] "<i>chullin</i> [non-sanctified food] [is the food] that I eat of yours," "like the meat of a pig," "like that which is used for idolatry," "like the skin of an animal whose heart was sacrificed to idols," "like <i>nevelot</i> [an animal that died due to causes other than ritual slaughter, carrion]," "like <i>tereifot</i> [animal with a mortal condition such that it would die within one year]," "like swarming things," "like reptiles," "like the <i>challah</i> of Aaron," or "like [Aaron's] <i>terumah</i>." - all these are permitted. The person who says to his wife, "You are like my mother [and forbidden to me sexually]," [a Rabbi must] find a <i>petach</i> [An opening in a vow that enables annulment either due to improper or mistaken original intent, or indication that the person’s mind was unsettled at the time of making the vow] from another law, so that he does not act rashly. If someone says "<i>konam</i> that I don't sleep," "that I don't talk," [or] "that I don't walk," or if someone says to his wife, "<i>konam</i> that I don't have relations with you," [these come under the scriptural instruction stating] "he shall not break his word." If someone says, "<i>shevuah</i> that I don't sleep," "that I don't talk," [or] "that I don't walk," he is forbidden [from the restricted action, because the oath is valid].
[If someone says:] "<i>korban</i> that I will not eat of yours," [or] "<i>korban</i> that I eat of yours," [or] "what I do not eat of yours will not be <i>korban</i> [to me]," - [he is] permitted [to eat the food]. [If someone says] "<i>shevuah</i> that I will not eat of yours," [or] "<i>shevuah</i> that I eat of yours," [or] "what I do not eat of yours will not be <i>shevuah</i> [to me]," - [he is] forbidden [from eating the food]. Those are [situations where] oaths are more stringent than vows. [However,] there are [also situations where] vows are more stringent than oaths. How so? [If someone] says "<i>konam</i> is the sukkah that I build," [or] "the lulav that I take," [or] "the tefillin that I wrap," - [in the case of] vows [the action is] forbidden, [but in the case of] oaths, [the action is] permitted, because one cannot [swear an] oath to transgress a <i>mitzvah</i> of the Torah.
There are instances of a [valid] vow within a vow, but there are no [instances where an] oath within an oath [is valid]. How so? If someone says, "I will be a Nazirite if I eat [this food]," "I will be a Nazirite if I eat [this food]," [he repeats himself], and then eats [the food in question], he is liable [twice], [for] each [of the Nazirite vows he vowed]. If someone says, "<i>Shevuah</i> if I eat [this food]," "<i>Shevuah</i> if I eat [this food]," [he repeats his oath], he is only liable once.
Vague vows [are assumed to apply to the more] stringent [interpretation], but [they can be] clarified to be more lenient. How so? If one says, "I take [this] upon myself like salted meat" or "like consecrated wine" - if his vow [specified meat or wine] of Heaven [used in the temple], [they are] forbidden; if his vow [specified meat or wine] of idol worship, then [they are still] permitted; and if it was [left] vague, [they are] forbidden. [If one says:] "I take upon myself [to forbid this item] as <i>cherem</i>"- if he specified the <i>cherem</i> of Heaven [the temple], [the item] is forbidden; if he specified the <i>cherem</i> of priests, it is permitted; and if it was [left] vague, it is forbidden. [If one says:] "I take upon myself [to treat this food] like a tithe" - if he specified the tithe of the animals, [the food] is forbidden; if he specified the tithe of the threshing floor, it is permitted; if it was [left] vague, it is forbidden. [If one says:] "I take upon myself [to treat this food] like a <i>terumah</i> [heave offering]" - if he specified that it was a <i>terumat halishkah</i> [monetary offering to the temple treasury], it is forbidden; if he specified that it was [like] a <i>terumah</i> [made at] the threshing floor, it is permitted; if it was vague, it is forbidden - these are the words of Rabbi Meir. Rabbi Yehuda says: vague [use of the word] '<i>terumah</i> in Judea - [the item is] forbidden; in the Galilee, [the item] is permitted, for the people of the Galilee are unfamiliar with the <i>terumat halishkah</i>. [Likewise,] vague [use of the word] '<i>cherem</i>' in Judea - [the item] is permitted; in the Galilee it is forbidden, because the people of the Galilee are unfamiliar with the <i>cherem</i> of priests.
One who vows by <i>cherem</i>, and [then] says, “I vowed only by a <i>cherem</i> [a net] of the sea"; [or] by a <i>korban</i>, and [then] says, “I vowed only by <i>korbanot</i> [gifts] of kings”; [or vows:] “Behold! I myself am a <i>korban</i>”, and [then] says, “I vowed only by the <i>etzem</i> [bone] which I keep for the purpose of vowing”; [or vows:] “<i>konam</i> be any benefit my wife has from me”, and then says, “I spoke only of my first wife, whom I have divorced” — Regarding none of these [vows] should one inquire [of a sage in order to annul them]. And one who does inquire about them is punished and [their vows are interpreted] strictly, according to Rabbi Meir. But the Sages say: they are given a <i>petach</i> on other grounds, in order that they should not [learn to] act lightly with vows.
Chapter 3
There are four [types of] vows that the sages invalidated, [and these four types are]: vows of encouragement, vows of exaggeration, vows made in error, and vows made against one's will. A vow of incitement: how [does this manifest itself]? If a merchant said, "<i>konam</i> that I will not sell to you for less than a <i>sela</i>" and the buyer says, "<i>konam</i> that I will not pay more than a shekel." [These vows are invalid since] both agree on three dinars. Rabbi Eliezer ben Ya'akov says: Even a vow made by one who wants to compel his friend to eat with him [by making a vow], and says [beforehand], "All vows that I will make in the future - they are nullified," this statement is effective [and his future vow is null], as long as he remembers [the statement] at the time he vows.
Vows of exaggeration: [for example,] if someone said: "<i>konam</i> if I did not see on this path [a quantity of people similar to] those who left Egypt!” [six hundred thousand males], [or “<i>konam</i>] if I didn’t see a snake [as large] as the beam of an olive press!" Vows made in error: [an example might be if someone said: "<i>konam</i>] if I ate and drank", but then remembered that he did [in fact] eat or drink. [Or if one said: "<i>konam</i>] if I will eat or if I will drink," (thereby obligating himself to fast), [but then he] forgot, and ate or drank. [Similarly, if one said:] "<i>konam</i> if my wife benefits from me, because she stole my purse or because she hit my son," [but then] it becomes known that she did not [really] beat him, [or] it becomes known that she did not [really] steal [her husband's purse] , [it is a vow made in error]. If someone saw [in the distance, some people] eating [his] figs, and says: "[let those figs] be to you like a <i>korban</i>," but [he finds out that the men in the distance were] his father and his brothers. [If] others were with them, Beit Shammai says: [the father and brothers are] permitted [to eat the figs], but [the people] with them are forbidden. But Beit Hillel says: both [his relatives and the others] are permitted [to eat the figs].
Vows made against one's will: [An example of this might be] if someone subjected his friend to a vow that [the friend] will eat with him, but [the friend] became sick or [the friend's] son became sick, or a river [rose and] prevented him [from traveling safely] - these are vows made against one's will.
One may vow [in front of] murderers and thieves and [royal] tax collectors that [something] is <i>terumah</i>, even if it isn't <i>terumah</i>; [or] that they are property of the king, even if they aren't property of the king. Beit Shammai says: [this is true] regarding all vows except for oaths, and Beit Hillel says: even regarding oaths. Beit Shammai says: he [the victim] may not offer to make the vow. And Beit Hillel says: he may even offer [to make the vow]. Beit Shammai says: [he may only vow] regarding what he is asked to vow, and Beit Hillel says: even regarding that which he wasn't asked to vow. How so? If they [the murderers, thieves or tax collectors] order him to say: "<i>konam</i> that my wife may not benefit from me [if this is not <i>terumah</i>, etc.],"' but he says "<i>konam</i> that neither my wife nor my children may benefit from me" - Beit Shammai says: his wife is permitted to him but his children are forbidden, and Beit Hillel says: both are permitted.
[If someone took a vow, saying:] "these saplings are [forbidden to me like a] <i>korban</i>, if they are not uprooted," [or] "this garment is [forbidden to me like a] <i>korban</i>, if it isn't burned," - [these items] can be redeemed (and their monetary worth treated as <i>korban</i>, rather than the saplings or garments themselves). [But if one vows:] "these saplings are [forbidden to me like a] <i>korban</i>, until they are uprooted," [or] "this garment is [forbidden to me like a] <i>korban</i>, until it is burned," - there is no redemption for [these items].
Someone who vows [to not benefit from] 'those who go down to the sea' [sailors] is permitted to [benefit from] those who live on land; [but if he vowed not to benefit from] those who live on land, he is forbidden [from benefiting from] those who go down to the sea, because 'those who go down to the sea' are included in [the category of] 'those who live on land'. [This law not only applies] to those [sailors] that travel [the short distance] from Acre to Jaffa, but even to those who normally separate [for longer periods of time].
Someone who vows [not to benefit from] 'those who see the sun', is forbidden [to benefit] even from blind people - because what he really meant is 'those that the sun sees.'
Someone who vows [not to benefit from] 'black-haired people' is forbidden [to benefit] from bald people and white-haired people, but is permitted to [benefit from] women and children, because only men are called 'black-haired'.
Someone who vows [not to benefit] from 'those [creatures] that have been born' is permitted to [benefit from] those that will be born [in the future]. [And one who vows not to benefit from] 'those [creatures] that will be born' is prohibited [to benefit] from those who have been born. Rabbi Meir permits [benefit from] those who have been born, while the Sages say, he [really] meant 'those [creatures] that are viviparous'.
Someone who vows [not to benefit] from those who keep Shabbat is forbidden [to benefit from] Jews and <i>Kutim</i> [Samaritans, an ancient schismatic Jewish group] . [One who vows not to benefit] from those who eat garlic is forbidden [to benefit from] Jews and forbidden [to benefit from] <i>Kutim</i>. [However, one who vows not to benefit] from those who go up to Jerusalem (for the pilgrimage festivals) is forbidden [to benefit from] Jews and permitted [to benefit from] <i>Kutim</i>.
[Someone who vows:] "<i>konam</i> that I won't benefit from 'the sons of Noah'" is permitted to [benefit from] Jews and forbidden [to benefit] from Gentiles. [One who vows: "<i>konam</i>] that I won't benefit from the offspring of Abraham," is forbidden [to benefit] from Jews and permitted [to benefit] from Gentiles. [One who vows: "<i>konam</i>] that I won't benefit from Jews," must buy [from Jews] at a higher price [than usual] and sell [to them] at a lower price. [One who vows: "<i>konam</i>] that Jews won't benefit from me," must buy at a lower price and sell at a higher price [than usual], as long as there are any Jews who would heed him [in his offer]. [One who vows: "<i>konam</i>] that they won't benefit from me, nor I from them," may benefit from Gentiles. [One who vows:]"<i>konam</i> that I won't benefit from the uncircumcised," is permitted [to benefit from] uncircumcised Jews but forbidden to [benefit from] circumcised Gentiles. [One who vows:] "<i>konam</i> that I won't benefit from the circumcised" is prohibited [to benefit] from uncircumcised Jews and permitted [to benefit] from circumcised Gentiles. [This is] because [the term] '<i>orla</i>' [foreskin] is only used in reference to Gentiles, as it is written: (Jeremiah 9:25) "Because all the nations are <i>arelim</i> [uncircumcised], but all the house of Israel are of uncircumcised heart," and it says: (I Samuel 17:36) "and this <i>arel</i> Philistine," and it says: (II Samuel 1:20) "Lest the daughters of the Philistines rejoice, Lest the daughters of the <i>arelim</i> triumph". Rabbi Eleazar ben Azariah says: "Disgusting is the foreskin, [since] the wicked are insulted through it, as it says: 'because all the nations are uncircumcised'". Rabbi Yishmael says: "Great is circumcision, for thirteen covenants were sealed concerning it". Rabbi Yose says: "Great is circumcision, that it overrules the strict [prohibitions of] Shabbat." Rabbi Yehoshua ben Korcha says: "Great is circumcision, for Moses the righteous wasn't given a moment [to allow his son to remain uncircumcised]. Rabbi Nechemiah says: "Great is circumcision, for it overrules [the prohibitions of] <i>nega'im</i> [impure afflictions]." Rabbi says: "Great is circumcision, for [despite] all the commandments that Abraham did, he was not called 'complete' until he was circumcised, as it says: (Genesis 17:1) 'Walk before Me and be complete'". Another saying [of his]: "Great is circumcision, for but for it, the Holy One would not have have created His world, as it says: (Jeremiah 33:25) "Thus says the Lord, 'If my covenant is not established day and night, the laws of the heavens and earth I will not set.'"
Chapter 4
There is no [difference] between one who vows [not to] benefit from his friend, and one who vows [not to benefit] from his [friend's] food except for walking [in his field] and [borrowing his] utensils which are not used for food. One who vows [not to benefit] from his friend's food may not borrow a sifter or a sieve or a mill or an oven, but may borrow a robe or a ring or a garment or nose rings or anything that [people] don't make food in. In a place where they rent items similar [to the one he wants to borrow] - it is forbidden [to borrow them].
One who vows [not to] benefit from his friend may pay his <i>shekel</i> [tax due to the Temple], may pay off his [friend's] debt, and may return his lost object. In a place where they pay a reward [for returning lost items], he must forfeit the benefit [he would have derived] as a hallowed offering [to the Temple].
And [the one who vowed not to benefit from his friend] may separate his <i>Teruma</i> and his tithes with his [friend's] permission, and may offer his bird offerings [due to being] <i>zav</i> or <i>zava</i> [states of impurity for men and women after night emissions] or [having given] birth, his sin-offering, and his guilt-offering; one may also teach [the friend] Midrash, laws and lore, but may not teach him Scripture - one may, however, teach his sons and his daughters Scripture, and may feed his wife and his sons, even though he [himself] is responsible for their food. But he may not feed his animal, whether it be kosher or non-kosher. Rabbi Eliezer says: "He may feed his non-kosher [animal] but he may not feed his kosher [animal]". [The Sages] said to him: "What is the difference between kosher and non-kosher [animals, regarding this law]?" He responded to them: "Because a kosher [animal], its soul belongs to heaven and its body is his [the owner's], whereas a non-kosher [animal], [both] its soul and body belong to heaven." They responded [back] to him: "Even [in the case of a] non-kosher [animal], its soul belongs to heaven and its body is his, for if he wanted to, surely he could sell [the body] to non-Jews or feed it to his dogs."
One who vows [not to] benefit from his friend and comes to visit him [when he is sick], [should] stand, but not sit. And one may heal his [friend’s] body, but not his assets [livestock]. And one may bathe with him in a large bathhouse, but not in a small one. And he may sleep with him in a bed. Rabbi Yehuda says: "[one may sleep in the same bed as the friend] during the summer, but not during the winter, because [during the winter] he will benefit from him." They may sit together on [the same] bed, and one may eat with him at the [same] table, but not from the main dish. However, one may eat [together] from a plentiful main dish. One may not eat with him from a trough which is [put] before workers, and may not work together in the same row [in a field] - these are the words of Rabbi Meir. But the Sages claim that one may work [together as in the same row, so long as each one works] far away [from the other].
One who vows [not to] benefit from one’s friend before the Sabbatical year may not go down to his field and he may not eat from the [trees] leaning [out of his friend’s field]. [One who vows not to benefit from his friend] during the Sabbatical year may not go down to his field, but may eat from the [trees] leaning [out of his friend’s field]. One who vows [not to benefit] from his [friend’s] food before the Sabbatical year may go down to his field, but may not eat from his fruit; but [one who vows not to benefit from his friend’s food] during the Sabbatical year may go down [to his field] and eat.
One who vows [not to] benefit from his friend may not lend [an item] to him or borrow from him; may not lend [money] or borrow [money] from him; and may not sell or buy from him. [If one] says: "lend me your cow," [and the friend] responds: "it is not available [to be lent]," [to which] he responds: "<i>konam</i> on my field, that I will never plow it [with your cow]!" - if [the one who vowed] regularly plowed [his field himself], he is forbidden [from plowing with it], but others are allowed to; [but] if he didn't regularly plow [his field himself], [both] he and others are forbidden [from plowing his field with it].
[If] one who vows [not to] benefit from his friend [later] has nothing to eat, [the friend is allowed] to go to the storekeeper and say: "Such and such vowed [not to] benefit from me, and I don't know what to do?" - [the storekeeper] gives him [food], and takes payment from [the friend]. If [the one who vowed] needed to build a house [for himself] or build a fence or reap his field, [the friend] may go to workers and say: "Such and such vowed [not to benefit] from me, and I don't know what to do?" - they may do [the work] for him, and go and take payment from [the friend].
If [the one who vowed not to benefit and his friend] were walking along and [the one who vowed] had nothing to eat, [the friend] may give [food] to another person as a gift and then [the one who vowed] is permitted [to eat it]. If there is no one else with them, he may leave [food] on a rock or on a fence and say: "Behold! this [food] is ownerless, [and available] for anyone that wants [it]," - [the one who vowed] may [then] take and eat it. But Rabbi Yose forbids.
Chapter 5
Neighbors [who share a courtyard], who vow [not to derive benefit] from each other, are prohibited from entering the courtyard. Rabbi Eliezer ben Yaakov says: this one can enter his [share of the courtyard] and this one can enter his. Both of them are prohibited from putting a mill [in the courtyard] or an oven, or to raise chickens [in the courtyard]. If one [of the neighbors] vowed [not to derive benefit] from his friend, he may not enter the [shared] courtyard. Rabbi Eliezer ben Yaakov says: he [the one who vowed] may say to [his neighbor], "I am entering my [share of the courtyard] and am not entering yours." But the one who vowed is pressured to sell his share [of the courtyard].
If someone from the marketplace took a vow not to benefit from one [of the owners of a courtyard], he may not enter the entire courtyard. Rabbi Eliezer ben Yaakov says: he can claim, "I am entering into the portion of the courtyard owned by [other] owners of the courtyard, and I am not entering your share."
One who vows not to benefit from their friend, and [the friend] owns a bath-house or an olive press which was leased [to a third party] - if [the friend] still has an interest [in the property], [the one who vowed] is forbidden [to utilize them]; if not, [he is] permitted. If one says to one's friend: "<i>konam</i> if I enter your house," or "[<i>konam</i>] if I purchase your field" - and then the owner died, or sold it to someone else, [the one who vowed] is permitted [to enter or buy it]. But if he says: "<i>konam</i> if I enter this house," or "<i>konam</i> if I purchase this field," - even if he died, or sold it to someone else, it is prohibited.
[If one vows to someone:] "Behold, I am [prohibited] to you like <i>cherem</i>," the one who vowed is prohibited [from deriving benefit from the other]. [If one vows:] "Behold, you are [prohibited] to me like <i>cherem</i>," the one vowed against is prohibited [from deriving benefit from the one who vowed]. [If one vows:] "Behold, you and I [are prohibited to each other like <i>cherem</i>]," they are both prohibited. But both are permitted [to use] things [publicly available to] the people who ascended from Babylon, and are prohibited [to use] things owned by their city.
And what is [considered publicly available] to the people who ascended from Babylon? For example, the Temple Mount, and the [temple] courtyards, and the [water] hole in the middle of the road. And what is [considered] to be owned by the city itself? For example, the town square, the [public] bathhouse, the synagogue, the ark [where the Torah is kept] and the <i>sefarim</i> [books of the Tanach written in holiness, on parchment, and used for personal or public study, or for reading aloud in public. Sometimes the intent is specifically Torah scrolls], and [property of] one who writes over his share [of the public property in the city] to the <i>Nasi</i> [head of the Jewish community in the Land of Israel]. Rabbi Yehuda says: [it is the same,] whether one writes over [his property] to the <i>Nasi</i>, or whether he writes it over to a common citizen. What, then, is [the difference] between writing over to the <i>Nasi</i> and writing over to a common citizen? That one who writes over to the <i>Nasi</i> doesn't need to do any action which enables the transaction. But the Sages say: whether one does this [wrote over to the <i>Nasi</i>] or this [wrote over to a common citizen], one needs to do an action which enables the transaction, and they only referred to a <i>Nasi</i> [here] because that was the case [then, at the time when this was discussed]. Rabbi Yehuda says: People of the Galilee don't need to write over [their property to anyone], since their predecessors wrote it over for them.
If one vows not to derive any benefit from one's friend, but [the friend] has nothing to eat - he may give [food] to a third party [as a gift], and [the friend] is permitted [to take it]. It once happened in Beit Horon that someone's father was forbidden [by vow] to benefit from him. [Now, the son] was marrying off his [own] son, and said to his friend: "May the courtyard and the festive meal be a gift unto you, on the condition that my father come and celebrate with us at the festive meal." "If it is truly mine," he said, "then let it all be consecrated unto Heaven." [The son] said to [his friend]: "I didn't give my property to you for you to consecrate it unto Heaven!" He replied: "You gave it to me so that you and your father can feast together, and be reconciled, while the transgression of breaking the vow will fall upon [me]!" When the case was presented to the Sages, they ruled: any gift not given in a manner allowing for consecration is not a gift at all.
Chapter 6
One who vows not to eat cooked foods, it is permissible for them to eat of roasted foods, and seethed foods. If he says: "<i>Konam</i> that I taste any cooked food," he cannot eat anything soupy cooked in a pot, but is allowed to eat solid foods, and he may eat a soft-boiled egg and the gourd baked in hot ashes.
One who vows [abstinence] from food made in a pot is only prohibited from food which is boiled. [If] he said "<i>konam</i> [against] anything that goes into a pot that I should not taste it" [then] he is prohibited from all that is cooked in a pot.
[One who vows abstinence from] pickled [foods], he is only prohibited from a pickled vegetable. [However, if he specified] 'pickled foods that I should not taste' he is prohibited from all pickled foods. [If he swore against] seethed food he is only prohibited from seethed meat. [However, if he specified] 'seethed food that I should not taste' he is prohibited from all seethed foods. [If he swore against] roasted food he is only prohibited from roasted meat. These are the words of Rabbi Yehuda. [However, if he specified] 'roasted food that I should not taste' he is prohibited from all roasted food. [If he swore against] salted food, he is only prohibited from salted fish. [However, if he specified] 'salted food that I should not taste' he is prohibited from all salted food.
[If he specified] "fish or fishes I shall not taste” he is forbidden them, whether large or small, salted or unsalted, raw or cooked. But he may eat chopped terith and brine. He who vows [abstinence] from mud-fish is forbidden chopped terith, but may eat brine and pickled fish brine. He who vows [abstinence] from chopped terith may not eat of brine and pickled fish brine.
He who vows [abstinence] from milk is permitted to eat curds. But Rabbi Yose forbids it. “From curds,” is permitted milk. Abba Shaul says: he who vows [abstinence] from cheese, is forbidden it, whether salted or unsalted.
One who vows [abstinence] from meat, he is permitted [to eat] sauce [cooked in a meat dish] and top [food put on top of the meat when cooked]. Rabbi Yehuda prohibits [these foods]. Rabbi Yehuda said, a story: Rabbi Tarfon forbade me eggs that were cooked with it [meat]." They [the Sages] said to him, "This is so. [But] when [is it true]? When he said "This meat [is prohibited] upon me" because one who swears from something and then it gets mixed with something else, if it [the prohibited food is in a quantity] where it gives flavor, then it is prohibited [to eat this mixture].
He who vows [abstinence] from wine, may eat food which contains the taste of wine. If he says, “<i>Konam</i> if I taste this wine”, and it falls into food, if it there is enough to impart taste [to the food] it is forbidden. He who vows [abstinence] from grapes is permitted wine; from olives, is permitted oil. If he says, “<i>Konam</i> if I taste these olives and grapes”, he is forbidden to eat them and that which comes out of them.
He who vows [abstinence] from dates is permitted date honey; From winter grapes, is permitted winter-grape vinegar. Rabbi Yehudah ben Beteira says: if the name of its origin is upon it, and he vows to abstain from it, he is forbidden [to benefit] from what comes from it. But the Sages permit it.
He who vows [abstinence] from wine is permitted apple-wine; from oil, is permitted sesame oil; from honey, is permitted date honey; from vinegar, is permitted winter grape vinegar; from leeks, is permitted porrets; from vegetables, he is permitted field-vegetables, because it is an accompanying name.
[He who vows abstinence] from cabbage is forbidden asparagus; from asparagus, is permitted cabbage; From grits, is forbidden grits pottage; Rabbi Yose permits it; from grits pottage is permitted grits. From grits pottage, is forbidden garlic; Rabbi Yose permits it; from garlic, he is permitted grits pottage. From lentils, is forbidden lentil cakes; Rabbi Yose permits them; from lentil cakes, is permitted lentils. "...If I eat wheat [or] wheats,” he is forbidden both flour and bread. “If I eat grit [or] grits,” he is forbidden both raw and cooked. Rabbi Yehudah says: “<i>Konam</i>, if I eat grits or wheat,” he may chew them raw.
Chapter 7
One who vows [abstinence] from vegetables, is permitted gourds. Rabbi Akiva forbids them. They said to Rabbi Akiva: But does not one say to his messenger 'take for me a vegetable' and he says 'I did not find but gourds.' He said to them: so it is! Or maybe he could have said to him 'I did not find but legumes.' Rather, the gourds are in the category of vegetables and the legumes are not. And he is forbidden the moist Egyptian bean but permitted the dry.
One who vows [abstinence] from grain, is forbidden the dry Egyptian bean, these are the words of Rabbi Meir. The Sages say: he is only forbidden the five species. Rabbi Meir says, one who vows from produce, is only forbidden the five species. But one who vows from grain, is forbidden all, and permitted fruits of the tree and vegetables.
One who vows [abstinence] from a garment, is permitted sackcloth, a curtain, or a coarse blanket. One who says, "<i>Konam</i>, for wool to be upon me," he is permitted to cover himself with wool shearings. "...for flax to be upon me," he is permitted to cover himself in flax bundles. Rabbi Yehudah says, all goes according to the one who made the vow. If he carried [the wool and flax] and sweated and his odor is bad, and he said, "<i>Konam</i>, wool and flax from being upon me," then he is permitted to cover himself in it but he is forbidden to carry it from behind himself.
One who vows [abstinence] from a house, he is permitted the upper story, the words of Rabbi Meir. But the Sages say, the upper story is included in the house. One who vows [abstinence] from the roof is permitted the house.
One who vows [abstinence] from a bed is permitted the footstool, the words of Rabbi Meir. But the Sages say, a footstool is included with the bed. If he vows [abstinence] from a footstool, he is permitted the bed. One who vows [abstinence] from a town, he may enter the town’s [Shabbat] border but may not enter its extension. But one who vows [not to benefit] from a house, is forbidden from the door-stop and inwards.
"<i>Konam</i> these fruits upon me," [or] "They are <i>konam</i> for my mouth," [or] "<i>konam</i> to my mouth," he is prohibited from [ones that were] switched [to replace the prohibited fruit] and from what grew from it [if this fruit was planted]. [If he swore "this fruit is prohibited] that I [shouldn't] eat it" or "that I [shouldn't] taste it" he is permitted to [eat fruit] that was switched [with it] or that was grown [from it], if it is a thing of which the seed decays [in the ground]. But if the seed does not decay, even growths of its growth are prohibited.
One who says to his wife, “<i>Konam</i> be the work of your hands to me,” or ”<i>Konam</i> be they for my mouth, or “<i>Konam</i> be they to my mouth”, he is forbidden that which is exchanged for them or grown from them. [If he says “<i>Konam</i>] if I eat or taste [of what they produce],” he is permitted [to benefit] from what is exchanged for them or what grows of them, if it is a thing of which the seed decays [in the ground]. But if the seed does not decay, even the growths of its growth are forbidden.
"[<i>Konam</i>] be that which you will produce, I will not eat from it until Pesach”, or “That which you will produce, I will not wear until Pesach”, if she produces it before Pesach he may eat or wear after Pesach. "...that which you produce until Pesach I will not eat”, or “That which you produce until Pesach I will not wear”, if she produces before Pesach he may not eat or wear after Pesach.
"[<i>Konam</i>] be any benefit you have from me until Pesach, if you go to your father’s house before the festival [of Sukkot]”, if she goes before Pesach she may not benefit from him until Pesach; if she goes after Pesach [the vow] is subject to, “he shall not break his word” (Numbers 30:3). [If he says, “<i>Konam</i>] be any benefit you have from me until the festival [of Sukkot] if you go to your father’s house before Pesach”, if she goes before Pesach, she may not benefit from him until the festival [of Sukkot], but she is permitted to go after Pesach.
Chapter 8
[One who says] "<i>Konam</i>, wine that I will taste today," it is only forbidden until it becomes dark. "This week," he is forbidden the whole week, and Shabbat [belongs to the week] that passed. "This month," he is forbidden the entire month, but Rosh Chodesh [belongs to the month] to come. "This year," he is forbidden for the entire year, but Rosh Hashanah [belongs to the year] to come. "This seven year cycle," he is forbidden for the entire seven year cycle, and the seventh year [belongs to the cycle] that passed. and if he says "one day," "one week,""one month,""one year,""one seven year cycle," he is forbidden from day to day.
"Until Passover," he is forbidden until it reaches Passover. "Until it will be," he is forbidden until it passes. "Until before Passover," Rabbi Meir says, he is forbidden until it reaches [Passover]. Rabbi Yosi says, he is forbidden until it passes.
"Until the grain harvest," "until the wine vintage," "until the olive harvest," he is only forbidden until it reaches [these harvests]. This is the rule: Anything that has a set time and he says, "until it reaches that time," he is forbidden until that time. If he says, "until it will be," he is forbidden until it passes. And anything that does not have a set time, whether he says "until it will be" or whether he says "until it reaches," he is only forbidden until it arrives.
"Until the summer," "until it will be the summer," until the people start to gather [figs] into baskets. "Until the summer passes," until the mats [used for drying figs] are folded up. "Until the grain harvest," until the nation begins to harvest wheat but not to harvest barley. All goes according to the place of his vow, if he was in a mountain, by [the harvest of] a mountain, if he was in a valley, by the valley.
"Until the rains," "until there has been rain," until the second rain falls. Rabbi Shimon ben Gamliel says, until it reaches the time of the second rain. "Until the rain stops," until all of Nissan passes, these are the words of Rabbi Meir. Rabbi Yehudah says, until Passover passes. "<i>Konam</i>, wine that I will not taste this year;" if they add on to the year, he is forbidden during the year and the extension. "Until the beginning of Adar," until the beginning of Adar I. "Until the end of Adar," until the end of Adar I. Rabbi Yehudah says, "<i>Konam</i>, wine that I will not taste until it will be Passover," he only forbidden until the night of Passover, because he only intended until the time that it is the way of men to drink wine.
One who says, "<i>Konam</i>, meat that I will not taste until it will be the fast (i.e. Yom Kippur), he is only forbidden until the night of the fast, because he only intended until the time that it is the way of people to eat meat. Rabbi Yosi his son says, "<i>Konam</i>, garlic that I will not taste until it will be Shabbat, he is only forbidden until the night of Shabbat, because he only intended until the time when it is the way of men to eat garlic.
One who says to his friend, "<i>Konam</i>, that I benefit from you if you don't come and take for your sons one <i>cor</i> of wheat and two barrels of wine." Behold this one is able to nullify his vow without a sage, and he will say to him, "you only said this for my honor, and this is my honor [not to take from you]!" And also one who says to his friend: "<i>Konam</i>, that you benefit from me, if you don't come and give to my son one <i>cor</i> of wheat and two barrels of wine," Rabbi Meir says: he is forbidden, until he gives. The Sages say, even in this he is able to nullify his vow without a sage, and he will say to him,"Behold it is like I already accepted it." If they were pressuring him to marry his sister's daughter, and he says, "<i>Konam</i>, that she should benefit from me forever;" so too, one who divorces his wife and says "<i>Konam</i>, that my wife should benefit from me forever;" these are both permitted to benefit from him because his intent was only towards marriage. If he was pressuring his friend to eat with him, and he says, "<i>Konam</i>, into your house I shall not enter,""A drop of cold water I will not taste from you," he is permitted to enter his house and taste cold water because his intent was only towards eating and drinking.
Chapter 9
Rabbi Eliezer says, we give a person an opening [to a vow] by reference to the honor of their father and mother. The Sages forbid doing so. Rabbi Tzadok said, that rather than giving an opening through the honor of their father and mother, open with honor of God. [The Sages retort:] If so there would be no vows! The Sages agree to Rabbi Eliezer in a matter between him and his father and mother, that we may open with the honor of his father and mother.
And furthermore Rabbi Eliezer said: They make an opening for a vow by reference to a new fact; but the Sages forbid it. How so? He said, “<i>Konam</i> that I will not benefit from so and so,” and he [the latter] then became a scribe, or was about to give his son in marriage, and he said, “Had I known that he would become a scribe or was about to give his son in marriage, I would not have vowed;” [Or if he said,] “<i>Konam</i>, is this house that I will not enter,” and it became a synagogue, and he declared, “Had I known that it would become a synagogue, I would not have vowed,”—Rabbi Eliezer permits [the vow to be released], but the Sages forbid it.
Rabbi Meir says, there are things that are like a new fact but are not like a new fact, but the Sages didn't agree with him. How is this? He said "<i>Konam</i> that I will not marry so and so because her father is wicked." They said to him, "He [the father] died" or "he has repented [from his wicked ways]." [He said:] "<i>Konam</i>, is this house that I will not enter because the dog inside it is bad," or "there is a snake inside it." They said to him, "The dog has died" or "the snake was killed." These cases are like a new fact but not a new fact. But the Sages did not agree with him.
Further, Rabbi Meir said, we make an opening from verses in the Torah and say to him, "If you had known that you would transgress (Leviticus 19:18) "don't take revenge" or "don't bear a grudge" and (Leviticus 19:17) "don't hate your brother in your heart" and (Leviticus 19:18) "love your neighbor as yourself" and (Leviticus 25:36) "that your brother may live with you" [because] maybe he will become poor and you will not be able to support him?" And he responds "Had I known that it is so, I would not have vowed," his vow is released.
They make an opening for a person by reference to a wife’s <i>ketubah</i>. And it once happened that a man vowed not to benefit from his wife and her <i>ketubah</i> amounted to four hundred denarii. He went before Rabbi Akiva, who ordered him to pay her the <i>ketubah</i>. He said to him, “Rabbi! My father left eight hundred denarii, of which my brother took four hundred and I took four hundred. Isn’t it enough that she should receive two hundred and I two hundred?” Rabbi Akiva replied: even if you have to sell the hair of your head you must pay her her ketubah. He said to him, “Had I known that it is so, I would not have vowed.” And Rabbi Akiva released his vow.
They make openings by reference to the <i>Shabbatot</i> and festivals. At first they used to say: on those days the vow is cancelled, but for others it is forbidden, until Rabbi Akiva came and taught: a vow which is partially released is entirely released.
How so? If one says, “<i>Konam</i> that I will not benefit from any of you,” if one of them was released, they are all released. "That I will not benefit from this one or this one”: If the first was released, all are released; if the last one was released, he is released, but the rest are forbidden. If the middle person was released, those [mentioned] after him are [also] released, but those [mentioned] before him are forbidden. [If one says,] “That I will not benefit from this one [at the price of an] offering, and from this one [at the price of an] offering,” they each require a separate <i>petach</i> [an opening in a vow that enables annulment either due to improper or mistaken original intent, or indication that the person’s mind was unsettled at the time of making the vow].
“<i>Konam</i> that I will not drink wine, because wine is damaging to the stomach.” They said to him, “But isn't mature wine is beneficial to the stomach?” He is released in respect of mature wine, and not only in respect of mature wine, but of all wine. “<i>Konam</i> that I will not eat onions, because they are damaging to the heart.” They said to him, “But village onions are good for the heart,” He is released in respect of village onions, and not only in respect of village onions, but of all onions. Such a case happened, and Rabbi Meir permitted all onions.
They open one’s vows [by reference] to his own honor and the honor of his children. They say to him, “Had you known that tomorrow they will say of you, ‘It is the regular habit of so-and-so to divorce his wives’; and concerning your daughters they will say, ‘They are the daughters of a divorced woman. What did their mother see in order to be divorced?’" If he replies, “Had I known that it is so, I would not have vowed,” he is released.
“<i>Konam</i> that I will not marry that ugly woman,” and she turns out to be beautiful; “That black-skinned woman,” and she turns out to be light-skinned; “That short woman,” and she turns out to be tall, he is permitted to marry her; not because she was ugly, and became beautiful, or black and became light-skinned, short and grew tall, but because the vow was in error. And it happened with one who vowed not to benefit from his sister’s daughter, and she was taken into Rabbi Ishmael’s house and they made her beautiful. Rabbi Ishmael said to him, “My son! Did you vow not to marry his one?” He said, “No,” and Rabbi Ishmael permitted her [to him]. In that hour Rabbi Ishmael wept and said, “The daughters of Israel are beautiful, but poverty disfigures them.” And when Rabbi Ishmael died, the daughters of Israel raised a lament, saying, “Daughters of Israel weep for Rabbi Ishmael.” And thus it is said too of Saul, “Daughters of Israel, weep for Saul” (II Samuel 1:24).
Chapter 10
A betrothed young woman, her father and her betrothed husband annul her vows. If her father annulled [her vow] but not the husband, or if the husband annulled [it] but not the father, it is not annulled; and it goes without saying if one of them upheld [it].
If the father dies, his authority does not pass over to the husband. If the husband dies, his authority passes over to the father. In this respect, the father’s power is greater than the husband’s. But in another respect, the husband’s power is greater than that of the father, for the husband can annul [her vows] when she attains her majority but the father cannot annul her vows when she attains her majority.
If she vowed as a betrothed woman, and then was divorced on that day and betrothed [again] on the same day, even a hundred times, her father and last betrothed husband can annul her vows. This is the general rule: as long as she has not passed out into her own domain for one hour, her father and last husband can annul her vows.
It is the way of disciples of the sages, before the daughter of one of them departs from him, he says to her, “All the vows which you vowed in my house are annulled.” Likewise the husband, before she enters into his domain would say to her, “All the vows which you vowed before you entered my domain are annulled,” because once she enters into his domain he cannot annul them.
A girl who has attained her majority who waited twelve months, or a widow [who waited] thirty days, — Rabbi Eliezer says: since her husband is responsible for her maintenance, he may annul [her vows]. But the Sages say: the husband cannot annul [her vows] until she enters into his domain.
A woman waiting for levirate marriage whether from one or for two brothers-in-law: Rabbi Eliezer says: he can annul [her vows]. Rabbi Yehoshua says: [only if she waits] for one, but not for two. Rabbi Akiva says: neither for one nor for two. Rabbi Eliezer said: with a man whom he acquired for himself, he can annul her vows, for a woman bequeathed to him by Heaven is it not logical that he can break her vows! Rabbi Akiva said to him: No! If you speak of a woman whom he acquires for himself, that is because others have no rights in her; will you say [the same] of a woman given to him by Heaven, in whom others too have rights! Rabbi Yehoshua said to him: Akiva, your words apply to two brothers-in-law; but what will you answer if there is only one brother-in-law? He said to him: the dead husband's wife is not as completely acquired to the brother-in-law as a betrothed girl is to her [betrothed] husband.
One who says to his wife, “All vows which you vow from now until I return from such and such a place behold, they are upheld,” he has not said anything. "[All vows which you may vow from now until I return from such and such a place], behold, they are annulled,”: Rabbi Eliezer says: they are annulled. The Sages say: they are not annulled. Said Rabbi Eliezer: if he can annul vows which have already had the force of a prohibition, surely he can annul those which have not had the force of prohibition! They said to him: behold, it is said, “Her husband may uphold it, and her husband may annul it” (Numbers 30:14), that which has entered the category of upholding, has entered the category of annulment; but that which has not entered the category of upholding, has not entered the category of annulment.
The annulment of vows is the whole day. This may result in a stringency or in a leniency. How is this so? If she vowed on the eve of the Sabbath, he can annul on the eve of the Sabbath and on the Sabbath day until nightfall. If she vowed just before nightfall, he can annul only until nightfall: for if night fell and he had not annulled it, he can no longer annul it.
Chapter 11
And these are the vows which he can annul: vows which involve self-denial. “If I bathe” or “If I do not bathe;” “If I adorn myself,” or, “If I do not adorn myself.” Rabbi Yose said: these are not vows of self-denial.
But these are vows of self-denial: If she says, “<i>Konam</i> be the produce of the [whole] world to me”, this he can annul. “[<i>Konam</i> be] the produce of this region to me,” he should bring to her from a different region. “[<i>Konam</i> be] the produce of this shopkeeper to me”, he cannot annul. But if he can obtain his sustenance only from him, he can annul, the words of Rabbi Yose.
[If she vows], “<i>Konam</i>, that which I will not benefit from people,” he cannot annul, and she can benefit from gleanings, forgotten sheaves, and the corners of the field. [If one says], “<i>Konam</i> be the benefit which priests and Levites have from me”, they can take [from him] against his will. "These priests and Levites have from me,” other [priests and Levites] should take.
[If she vows,] “<i>Konam</i> that which I will not do for my father,” [or] “your father,” [or] “my brother,” [or] “your brother,” [the husband] cannot annul it. "That which I will not do for you,” he need not annul it. Rabbi Akiva says: he should annul it, lest she make more than is fitting for him. Rabbi Yohanan ben Nuri said: he should annul it, lest he divorce her and she be forbidden to him.
If his wife vowed, and he thought that his daughter had vowed, or if his daughter vowed and he thought that his wife had vowed; If she took the vow of a Nazirite, and he thought that she had vowed by a korban, or if she vowed by a korban, and he thought that she vowed a Nazirite vow; If she vowed [to abstain] from figs, and he thought that she vowed [to abstain] from grapes, or if she vowed [to abstain] from grapes and he thought that she vowed from figs, he must annul [the vow] again.
If she says, “<i>Konam</i> these figs and grapes which I will not taste”, and he upholds [the vow] in respect of figs, the whole [vow] is upheld; If he annuls it in respect of figs, it is not annulled, unless he annuls in respect of grapes too. If she says, “<i>Konam</i> the figs that I will not eat and these grapes that I will not eat”, they are two vows.
“I knew that there were vows, but I did not know that they were vows that could be annulled”, he may annul them [now]. [But if he says:] “I knew that I could annul them, but I did not know that this was a vow,” Rabbi Meir says: he cannot annul it, But the Sages say: he can annul.
If he is under a vow that his son-in-law shall not benefit from him, and he wants to give money to his daughter, he says to her, “This money is given to you as a gift, providing that your husband has no rights with it, [and it is only given to you] so that may put to your personal use.”
“But every vow of a widow and of a divorcee. . . shall be binding upon her” (Numbers 30:9). How is this so? If she said, “Behold, I will be a Nazirite after thirty days”, even if she married within the thirty days, he cannot annul it. If she vows while in her husband’s domain, he can annul [the vow] for her. How is this so? If she said, “Behold, I will be a Nazirite after thirty days,” even though she was widowed or divorced within the thirty days, it is annulled. If she vowed on one day, and he divorced her on the same day and took her back on the same day, he cannot annul it. This is the general rule: once she has gone into her own domain [even] for a single hour, he cannot annul.
There are nine young girls whose vows stand: A girl who attained her majority who is an orphan; a young girl [who vowed] and [then] attained her majority who is an orphan; a young girl who has not yet attained her majority who is an orphan; a girl who attained her majority and whose father died; a young girl [who vowed, then] attained her majority and whose father died; a young girl who has not yet attained her majority and whose father died; a young girl whose father died, and after her father died she attained her majority; a girl who has attained her majority whose father is alive; a young girl who [vowed, then] attained her majority and whose father is alive. Rabbi Yehudah says: also one who married off his daughter while a minor, and she was widowed or divorced and returned to him [her father] and she is still a young girl.
“<i>Konam</i> the benefit that I will not derive from my father or from your father if I make anything for you,” “the benefit that I will derive from you, if I make anything for my father or your father,” he can annul.
At first they would say: three women must be divorced and receive their ketubah: She who says: “I am defiled to you”; “Heaven is between me and you”; “I have been removed from the Jews.” But subsequently they changed the ruling to prevent her from setting her eye on another and spoiling herself to her husband: Rather, she who says, “I am defiled unto you”—must bring proof of her words. “Heaven is between me and you”—they [shall appease them] by a request. “I have been removed from the Jews” — he [the husband] must annul his portion, and she may have relations with him, and she shall be removed from other Jews.