If he vowed by "cherem," and said: "I intended the 'cherem' (net) of the sea ["metzodah" (a net), as in (Koheleth 7:26): "metzodim vacharamim"]; by "korban," and he said: "I intended the korbanoth (gifts) of kings,"; "'Atzmi' (generally, "myself") korban," [If he forbade himself as a "korban" to his friend], and he said: "I only vowed by the bone (etzem) which I had set aside for vowing" (to deceive others); "Konam, my wife from deriving benefit from me," and he said: "I intended only my first wife, whom I had divorced" — with all of these there is no consultation [A sage is not consulted (for absolution), for these vows do not "take."] And if there were consultation [i.e., if such a vow were made by an am ha'aretz, and he came (to a sage) for absolution, he is punished and treated with severity. [He is not granted absolution, and if he transgressed this vow, he is ostracized.] These are the words of R. Meir. The sages say: An opening (for absolution) is opened to them from "elsewhere," and they are taught, so as not to treat vows lightly. [He is shown that the vow takes effect, and they provide him with an opening for absolution from "elsewhere," but they do not punish him and treat him with severity. And this is the halachah.]
Bartenura on Mishnah Nedarim
בחרמו של ים – the language of a net, as in (Ecclesiastes 7:26): “[Now, I find women more bitter than death,] she is all traps , her hands are fetters, [and her heart is snares].”
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English Explanation of Mishnah Nedarim
Introduction
This mishnah deals with a person who makes a vow using language that would normally be valid for a vow, and then subsequently claims that he had an intention which would make the vow invalid. Most of these cases involve puns. In order to emphasize the puns, which are of course in Hebrew, I have transliterated many of the words.
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Bartenura on Mishnah Nedarim
הרי עצמי קרבן – he forbade himself like a KORBAN/sacrifice upon his fellow.
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English Explanation of Mishnah Nedarim
If one vows by herem, and says, “I vowed only by a herem (a of the sea”; “Herem” can either refer to a type of vow, or to a fishing net. Obviously, if his intention was to the latter, then his vow is not valid.
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Bartenura on Mishnah Nedarim
אין נשאלים עליהם – it is not necessary for a request to a Sage [to release him from a vow] for they don’t take effect.
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English Explanation of Mishnah Nedarim
[If he says] “By a korban”, and then says, “I vowed only by korbanot ( of kings”; The word “korban” usually means sacrifice, but it could mean gifts given to kings.
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Bartenura on Mishnah Nedarim
ואם נשאלין – but if this person is an illiterate person/Am HaAretz who made a vow in such a manner and he came to request from a Sage [to release him] from his vow, we don’t make an opening for him for regret and we don’t release him. But if he transgressed on this vow, we excommunicate him.
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English Explanation of Mishnah Nedarim
[If he says] “Behold! I myself ( am a korban”, and then says, “I vowed only by the etzem ( which I keep for the purpose of vowing”; Saying “I am a korban” is a way of obligating oneself to pay one’s worth to the Temple. The Torah lists how much each person is worth (see Leviticus 27). Therefore, saying “I am a korban” is a vow. However, one cannot vow with by using a bone, the same word as “I myself”.
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English Explanation of Mishnah Nedarim
[If he says,] “Konam be any benefit my wife has from me”, and then says, “I spoke only of my first wife, whom I have divorced” Usually when a husband refers to his wife, he refers to a wife to whom he is currently married. However, the word “wife” could refer to his previous wife.
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Bartenura on Mishnah Nedarim
פוחתין לו פתח ממקום אחר – we show him that the matter exists and we make an opening for him for another reason and release him from his vow. But we don’t punish him and we are not stringent with him. And such is the Halakha.
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English Explanation of Mishnah Nedarim
Regarding none of these [vows] should they inquire [of a sage in order to break them], but if they inquire about them, they are punished and treated strictly, the words of Rabbi Meir. But the Sages say: they are given an opening on other grounds, in order that they should not act lightly with vows. The mishnah now provides the rule in all of these cases. All of these vows are not valid, for the person claims that his intention was not to make a vow. As we learned in yesterday’s mishnah, if a person vows and then explains that his intention was not to make a valid vow, his vow is not valid. Therefore, the person should not approach a sage to ask the sage to absolve him of his vow. However, if he nevertheless does approach the sage, Rabbi Meir says he should be punished and not absolved of his vow. This is because his very asking shows that he is an ignoramus, and Rabbi Meir holds that ignoramuses should not be allowed to get out of vows, so that they will not make more vows in the future. The Sages hold that the sage who is approached to dissolve the vow should find other grounds to dissolve the vow, for the Sages hold that such a vow is actually valid. Since the likelihood is that the person intended the vow to be valid, his claim that he intended something else is not accepted. If the sage wishes to dissolve the vow he can only do so on other grounds, the same way that he dissolves all vows. Furthermore, we teach him not to make frivolous vows, however he is not punished as Rabbi Meir says.
