Mishnah
Mishnah

Talmud for Shevuot 3:1

שְׁבוּעוֹת שְׁתַּיִם שֶׁהֵן אַרְבַּע, שְׁבוּעָה שֶׁאֹכַל וְשֶׁלֹּא אֹכַל, שֶׁאָכַלְתִּי וְשֶׁלֹּא אָכַלְתִּי. שְׁבוּעָה שֶׁלֹּא אֹכַל וְאָכַל כָּל שֶׁהוּא, חַיָּב, דִּבְרֵי רַבִּי עֲקִיבָא. אָמְרוּ לוֹ לְרַבִּי עֲקִיבָא, הֵיכָן מָצִינוּ בְּאוֹכֵל כָּל שֶׁהוּא שֶׁהוּא חַיָּב, שֶׁזֶּה חַיָּב. אָמַר לָהֶן רַבִּי עֲקִיבָא, וְכִי הֵיכָן מָצִינוּ בִּמְדַבֵּר וּמֵבִיא קָרְבָּן, שֶׁזֶּה מְדַבֵּר וּמֵבִיא קָרְבָּן. שְׁבוּעָה שֶׁלֹּא אֹכַל וְאָכַל וְשָׁתָה, אֵינוֹ חַיָּב אֶלָּא אַחַת. שְׁבוּעָה שֶׁלֹּא אֹכַל וְשֶׁלֹּא אֶשְׁתֶּה וְאָכַל וְשָׁתָה, חַיָּב שְׁתָּיִם:

Oaths are two, which are four: I swear that I shall eat, or that I shall not eat [These are the two which are explicitly written. Viz. (Leviticus 5:4): "to do ill or to do good," implying in the future: I shall not eat — "to do ill"; I shall eat — "to do good."]; (I swear) that I have eaten, or that I have not eaten [These are the additional two derived by the sages.] "I swear that I shall not eat," and he ate any amount, he is liable. These are the words of R. Akiva. They asked him: Where do we find that one who eats any amount is liable, that this one should be liable! He countered: And where do we find that one who speaks brings an offering [for breaking his word] that this one should speak and bring an offering! [And since it is because of breaking his word (that he is liable), this, too, is breaking his word. For when one says "I shall not eat," he means any amount.] "I swear that I shall not eat," and he ate and drank, he is liable only for one (offering). [Even though drinking is included in eating, he is liable only for one, for it is as if he eats, and eats again, in one act of forgetfulness.] "I swear that I shall not eat and that I shall not drink," and he ate and drank, he is liable for two. [This constitutes two oaths. And even though when he said "I shall not eat," drinking (too) was forbidden to him, drinking being included in eating, so that when he then said "I shall not drink," there is reason to say that one oath does not "take" on another (of the same kind), it is different here. For since he first said "I shall not eat," and then, "I shall not drink," it is made manifest that by "eat" he meant eating alone.]

Jerusalem Talmud Nazir

Rebbi Mana understood it25That the Sages and R. Jehudah do not agree about the weight of a person’s disclaimer as against two witnesses to his actions. from the following26Mishnah Keritut 3:1.: “They told him, if he wishes, he says that he did it intentionally.” What can he say for an assigned slave girl27Lev. 19:20–22, the case of a man sleeping with a slave girl assigned as a future wife to another free man. As long as the girl is not totally freed, she cannot marry the man to whom she is assigned. Therefore, her relations with another man are not adultery. A reparation offering is required from the man. This is one of the few cases in which a sacrifice is possible for deliberate sin.? In error28If in the dark he thought that she was his wife., he is obligated; intentionally29This is the case treated by the verse. If he denies the accusation by two witnesses, one cannot take his denial as assertion that he did it but already had remedied the situation., he is obligated! He can tell him, I touched her but did not finish30This is a first explanation: A sacrifice is due only if there was an ejaculation of semen (v. 20). If he took the slave girl to bed but stopped before there was an ejaculation, no sacrifice is due., or as Rebbi Simeon ben Laqish said, I was forced to it by the spell she put on me31He disclaims responsibility by reason of temporary insanity caused by the girl’s charms. This is enough to support his disclaimer against even two witnesses.. For a nazir32Exposed to the impurity of the dead; the case of the Mishnah. what can you say? In error, he is obligated; intentionally, he is obligated; forced, he is obligated! “Suddenly”, to include in error, “suddenly”, to include intentionally33This is proof that the nazir must bring his sacrifices even if forced. The reference is to Num. 6:9. In all other sources, Sifry Num. 28 [= Num. rabba 10(31)], Babli Keritut 9a, the inference is from the double expression “if a person should die near him suddenly,unexpectedly …” “Suddenly” is taken to refer to accidental impurity, “unexpectedly” to outside force (Sifry) or outside force and intention (Babli).. “There was a condition in my mind that if I should become impure, my nezirut should burst away from me and a new nezirut would fall on me”; in any case he was not obligated to be a nazir until now34Since the vow of nezirut could have been formulated in a way that eliminates the possibility of a sacrifice for impurity, the testimony of the witnesses can be explained away.. (“There was a condition in my mind that if I should become impure, my nezirut should burst away from me and a new nezirut would fall on me”; in any case he was not obligated to be a nazir until now.)35A case of dittography. What do you have in case of an oath36If two witnesses tell a person that he owes a sacrifice because he has violated an oath imposed on him by other people (Lev. 5:1,4). How can he be believed if he denies the accusation?? In error, he is obligated; intentionally, he is obligated37Mishnah Keritut 2:2.! A condition may apply to words38If he undertakes anything, he may add conditions. If others (usually a court of law) impose an oath on him, he swears according to their understanding, rather than his own.; there is no condition for oaths! It follows what Rebbi Abba said, Rav Jehudah: For error, its sacrifice, for intention, its sacrifice. But if he said, I thought that this was no oath, he is free39Here, there may be a case in which no sacrifice can be demanded if the interested party denies their obligation.. Therefore, all these subjects cannot be stated, but the following can be stated40In all cases discussed so far, the Sages cannot disagree with R. Jehudah; that is possible only in the cases dealt with in the next paragraph..
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