Nedarim 3

אַרְבָּעָה נְדָרִים הִתִּירוּ חֲכָמִים, נִדְרֵי זֵרוּזִין, וְנִדְרֵי הֲבַאי, וְנִדְרֵי שְׁגָגוֹת, וְנִדְרֵי אֳנָסִים. נִדְרֵי זֵרוּזִין, כֵּיצַד. הָיָה מוֹכֵר חֵפֶץ וְאָמַר, קוֹנָם שֶׁאֵינִי פוֹחֵת לְךָ מִן הַסֶּלַע, וְהַלָּה אוֹמֵר, קוֹנָם שֶׁאֵינִי מוֹסִיף לְךָ עַל הַשֶּׁקֶל, שְׁנֵיהֶן רוֹצִין בִּשְׁלֹשָׁה דִינָרִין. רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, אַף הָרוֹצֶה לְהַדִּיר אֶת חֲבֵרוֹ שֶׁיֹּאכַל אֶצְלוֹ, אוֹמֵר, כָּל נֶדֶר שֶׁאֲנִי עָתִיד לִדֹּר הוּא בָטֵל, וּבִלְבַד שֶׁיְּהֵא זָכוּר בִּשְׁעַת הַנֶּדֶר:

The sages permitted four vows (without absolution): the vows of the diligent, vows of exaggeration, vows of unwittingness, vows of constraint. "The vows of the diligent": How so? If one were selling something and said: "Konam if I sell it to you for less than a sela" [i.e., This loaf is konam to me if I sell it to you for less than a sela. A sela is four dinars], and the other said: "Konam, that I shall not give you more than a shekel" [a half-sela], both acquiesce in three dinars [and they did not intend a formal vow; but the seller "vowed" in order to "spur" the buyer to pay more, and the buyer, likewise, to get the seller to accept less, for which reason it is not a real vow. And even though "the heart's thoughts are of no account," here, where it is evident that this is their intent, this being the practice of buyers and sellers, we do entertain "the heart's thoughts."] R. Eliezer b. Yaakov says: Also one who wishes to bevow his friend to eat with him. [The gemara explains that something is lacking here and that this is what is meant: If one desires that his friend eat with him, and importunes him, and bevows him, this (too) is (in the category of) "the vows of the diligent." And if one wishes his vows of the entire year not to "take," he should arise on Rosh Hashanah and] say: "Let every vow that I shall make be void." [He need not necessarily do so on Rosh Hashanah, but the same obtains whenever he wishes to do so and for whichever time period he designates] so long as he is conscious [of the condition (that the vow not "take")] at the time of the vow, [and he wishes the condition to apply. Only then is the vow void. But if he were not conscious of the condition when he vowed or immediately thereafter, the vow "takes." And it goes without saying that if he were conscious of the condition when he vowed and desired that the condition be void and that the vow "take," it "takes." The laws of oaths and of vows are similar in this regard. The halachah is in accordance with R. Eliezer b. Yaakov.]

נִדְרֵי הֲבַאי, אָמַר, קוֹנָם אִם לֹא רָאִיתִי בַדֶּרֶךְ הַזֶּה כְיוֹצְאֵי מִצְרָיִם, אִם לֹא רָאִיתִי נָחָשׁ כְּקוֹרַת בֵּית הַבָּד. נִדְרֵי שְׁגָגוֹת, אִם אָכָלְתִּי וְאִם שָׁתִיתִי, וְנִזְכַּר שֶׁאָכַל וְשָׁתָה. שֶׁאֲנִי אוֹכֵל וְשֶׁאֲנִי שׁוֹתֶה, וְשָׁכַח וְאָכַל וְשָׁתָה. אָמַר, קוֹנָם אִשְׁתִּי נֶהֱנֵית לִי, שֶׁגָּנְבָה אֶת כִּיסִי וְשֶׁהִכְּתָה אֶת בְּנִי, וְנוֹדַע שֶׁלֹּא הִכַּתּוּ וְנוֹדַע שֶׁלֹּא גְנָבָתּוּ. רָאָה אוֹתָן אוֹכְלִים תְּאֵנִים וְאָמַר, הֲרֵי עֲלֵיכֶם קָרְבָּן, וְנִמְצְאוּ אָבִיו וְאֶחָיו, וְהָיוּ עִמָּהֶן אֲחֵרִים, בֵּית שַׁמַּאי אוֹמְרִים, הֵן מֻתָּרִין וּמַה שֶּׁעִמָּהֶן אֲסוּרִין. וּבֵית הִלֵּל אוֹמְרִים, אֵלּוּ וָאֵלּוּ מֻתָּרִין:

"Vows of exaggeration" [hyperbole, where he himself knows that it is not so]: If he said: "Konam, if I did not see on this road as many as left Egypt," "if I did not see a serpent as (thick as) the beam of the olive press." "Vows of unwittingness": If he said: "Konam, [this loaf to me] if I have eaten or if I have drunk," and he remembered that he had eaten or drunk [and at the time of the vow he thought he had not eaten or drunk, it is no vow.] If he said "Konam, if I eat or drink (from you)," and he forgot and ate or drank, (it is no vow) [for at the time when the vow was to have "taken," the time of eating or drinking, he had forgotten the vow, so that it is permitted. This is derived from oaths, where it is written (Leviticus 5:4): "a man with an oath," it being required that he be "a man" at the time the oath is to take effect; that is, that he be conscious of the oath. And the same applies to vows.] (If he said:) "Konam, my wife from benefitting from me because she stole my purse" or "because she beat my son," and he discovered that she had not stolen it or beaten him, [these are unwitting vows, for discovering that she did not steal it cancels the vow retroactively]. If he saw people eating figs, and he said: "Let them be forbidden to you as korban," and then he found that they (the eaters) were his father and mother, and others with them — Beth Shammai say: They (his parents) are permitted, and those with them, forbidden. And Beth Hillel say: Both are permitted. [For "a vow that is partially voided is entirely voided," the vower desiring that the vow "take" as he vowed it; and since part of it was unwitting, it is entirely void.]

נִדְרֵי אֳנָסִים, הִדִּירוֹ חֲבֵרוֹ שֶׁיֹּאכַל אֶצְלוֹ, וְחָלָה הוּא אוֹ שֶׁחָלָה בְנוֹ אוֹ שֶׁעִכְּבוֹ נָהָר, הֲרֵי אֵלּוּ נִדְרֵי אֳנָסִין:

"Vows of constraint": If his friend bevowed him to eat with him, and he took ill, or his son took ill, or he were stopped by an (overflowing) river — these are vows of constraint. [For in the beginning it was not his intent that the vow "take" if he be detained perforce; and when the intent is evident, "the heart's thoughts" are entertained.]

נוֹדְרִין לָהֳרָגִין וְלָחֳרָמִין וְלַמּוֹכְסִין שֶׁהִיא תְרוּמָה אַף עַל פִּי שֶׁאֵינָהּ תְּרוּמָה, שֶׁהֵן שֶׁל בֵּית הַמֶּלֶךְ אַף עַל פִּי שֶׁאֵינָן שֶׁל בֵּית הַמֶּלֶךְ. בֵּית שַׁמַּאי אוֹמְרִים, בַּכֹּל נוֹדְרִין, חוּץ מִבִּשְׁבוּעָה. וּבֵית הִלֵּל אוֹמְרִים, אַף בִּשְׁבוּעָה. בֵּית שַׁמַּאי אוֹמְרִים, לֹא יִפְתַּח לוֹ בְנֶדֶר. וּבֵית הִלֵּל אוֹמְרִים, אַף יִפְתַּח לוֹ. בֵּית שַׁמַּאי אוֹמְרִים, בְּמַה שֶּׁהוּא מַדִּירוֹ. וּבֵית הִלֵּל אוֹמְרִים, אַף בְּמַה שֶּׁאֵינוֹ מַדִּירוֹ. כֵּיצַד, אָמְרוּ לוֹ, אֱמוֹר קוֹנָם אִשְׁתִּי נֶהֱנֵית לִי, וְאָמַר קוֹנָם אִשְׁתִּי וּבָנַי נֶהֱנִין לִי, בֵּית שַׁמַּאי אוֹמְרִים, אִשְׁתּוֹ מֻתֶּרֶת וּבָנָיו אֲסוּרִין. וּבֵית הִלֵּל אוֹמְרִים, אֵלּוּ וָאֵלּוּ מֻתָּרִין:

One is permitted to vow to haragin, and charamin, and mochsin that something is terumah even though it is not terumah. ["haragin": robbers, who kill men and take their money. "charamin": thieves, who do not kill. We are being taught: "Not only these (i.e., haragin), but even these (i.e., charamin)." "mochsin": This refers to a self-appointed mochess (tax collector), but if he were appointed by the king, whether a king of Israel or a gentile king, and he takes a fixed amount by law of the kingdom, "The law of the kingdom is the law," and it is forbidden to evade the tax, and, it goes without saying, to vow and swear falsely to him. "that it is terumah": Even though they kill and steal, they do not eat forbidden food. Or it may be that terumah is not valued by them, being eaten only by Cohanim in a state of cleanliness, so that it is sold cheap.] (And one is permitted to vow) that it belongs to the palace even though it does not belong to the palace. Beth Shammai say: With all (expressions) one may vow, except with an oath. And Beth Hillel say: Even with an oath. Beth Shammai say: He should not open to him with an oath. [If the robber did not ask him to vow, he should not do so of his own accord.] Beth Hillel say: He may even open to him. Beth Shammai say: With what he bevows him. [If the robber asks him to vow, he should vow only with respect to what he was asked and not with respect to something else.] And Beth Hillel say: Even with respect to what he was not asked. How so? If they said to him: Say: "Konam, my wife from benefitting from me," and he said" "Konam, my wife and children from benefitting from me," Beth Shammai say: His wife is permitted and his children forbidden. And Beth Hillel say: Both are permitted. [With all of these four vows of our Mishnah, the laws of vows and oaths are alike, what is permitted with vows being permitted with oaths. And absolution is required only with "the vows of the diligent," this being an ordinance of the scribes, for which reason oaths are forbidden with them.]

הֲרֵי נְטִיעוֹת הָאֵלּוּ קָרְבָּן אִם אֵינָן נִקְצָצוֹת, טַלִּית זוֹ קָרְבָּן אִם אֵינָהּ נִשְׂרֶפֶת, יֵשׁ לָהֶן פִּדְיוֹן. הֲרֵי נְטִיעוֹת הָאֵלּוּ קָרְבָּן עַד שֶׁיִּקָּצְצוּ, טַלִּית זוֹ קָרְבָּן עַד שֶׁתִּשָּׂרֵף, אֵין לָהֶם פִּדְיוֹן:

"These plants are korban if they are not cut down," "This cloak is korban if it is not burned," [If he saw a storm coming, and fearing that his plants would be cut down, said "These shall be korban if they are not cut down"; or if he saw a fire in the city, and fearing that his cloak would be burned, said: "Let it be korban if it is not burned"], they may be redeemed [as other dedications. He redeems them and purchases a korban (an offering) at their worth. For since he did not say: "They are korban upon me," his intent was not to forbid them to himself as a korban, but to purchase a korban at their worth.] (If he said:) "These plants are korban until they are cut down," "This cloak is korban until it is burned," they have no redemption. [But dedication "takes" on the (redemption) money, and the plants revert to their status of dedication. For since he said: "until they are cut down," his meaning is: "When I redeem them, they shall revert to their status of dedication until they are cut down."]

הַנּוֹדֵר מִיּוֹרְדֵי הַיָּם, מֻתָּר בְּיוֹשְׁבֵי הַיַּבָּשָׁה. מִיּוֹשְׁבֵי הַיַּבָּשָׁה, אָסוּר בְּיוֹרְדֵי הַיָּם, שֶׁיּוֹרְדֵי הַיָּם בִּכְלָל יוֹשְׁבֵי הַיַּבָּשָׁה. לֹא כָאֵלּוּ שֶׁהוֹלְכִין מֵעַכּוֹ לְיָפוֹ, אֶלָּא בְמִי שֶׁדַּרְכּוֹ לְפָרֵשׁ:

If one bevows himself from those who go down to the sea, he is permitted to those who dwell on the land, [for it is not their custom to go down to the sea]. (If he bevows himself from) those who dwell on the land, he is forbidden to those who go down to the sea. For those who go down to the sea are in the class of those who dwell on the land, [being destined to return and dwell on the land.] Not as those who go from Acco to Yaffo, but to one who sets sail. [Some explain it thus: The first part of the Mishnah: "If one bevows himself from 'those who go down to the sea,' he is permitted to those who dwell on the land," which implies that he is forbidden to those who go down to the sea — this refers "not to those who go from Acco to Yaffo." For one who bevows himself from those who go down to the sea is not forbidden to them, such a small distance not qualifying as "going down to the sea." Others explain it: Not as those who go from Acco to Yaffo alone, i.e., Not only are they in the class of "those who go down to the sea" to be forbidden, and are also called "those who dwell on the land," but even one who is wont to set sail, for he is destined to return to the land.]

הַנּוֹדֵר מֵרוֹאֵי הַחַמָּה, אָסוּר אַף בַּסּוּמִין, שֶׁלֹּא נִתְכַּוֵּן זֶה אֶלָּא לְמִי שֶׁהַחַמָּה רוֹאָה אוֹתוֹ:

If one bevows himself from "the seers of the sun," he is forbidden to the blind, too. For he intended only "those seen by the sun." [not having said: "from the seeing."]

הַנּוֹדֵר מִשְּׁחוֹרֵי הָרֹאשׁ, אָסוּר בַּקֵּרְחִין וּבְבַעֲלֵי שֵׂיבוֹת, וּמֻתָּר בַּנָּשִׁים וּבַקְּטַנִּים, שֶׁאֵין נִקְרָאִין שְׁחוֹרֵי הָרֹאשׁ אֶלָּא אֲנָשִׁים:

If one bevows himself from "the black of head," he is forbidden to the bald and the grey, [not having spoken of those who have hair], and he is permitted to women and children, for only men are called "the black of head." [For men sometimes conceal their heads and sometimes reveal and "blacken" them, whereby it is seen that they are men. But women always go with their heads covered, and (young) children, both male and female, go with heads uncovered and cannot be (readily) distinguished as male or female. For this reason, only grown men are called "the black of head."]

הַנּוֹדֵר מִן הַיִּלּוֹדִים, מֻתָּר בַּנּוֹלָדִים. מִן הַנּוֹלָדִים, אָסוּר בַּיִּלּוֹדִים. רַבִּי מֵאִיר מַתִּיר אַף בַּיִּלּוֹדִים. וַחֲכָמִים אוֹמְרִים, לֹא נִתְכַּוֵּן זֶה אֶלָּא בְמִי שֶׁדַּרְכּוֹ לְהוֹלִיד:

If one bevows himself from yilodim [connoting those who have already been born], he is permitted to noladim [connoting those who will be born.] If he bevows himself from noladim, he is forbidden (also) to yilodim. R. Meir also permits yilodim. [The gemara explains that something is missing, and that this is what is meant: If he bevows himself from noladim, he is forbidden to yilodim. R. Meir says: Also one who bevows himself from noladim is permitted to yilodim, just as one who bevows himself from yilodim is permitted to noladim.] And the sages say: This one (who made the vow) intended only those who procreate, [such as men and animals, to exclude birds and fishes, which do not procreate, but which lay eggs.]

הַנּוֹדֵר מִשּׁוֹבְתֵי שַׁבָּת, אָסוּר בְּיִשְׂרָאֵל וְאָסוּר בַּכּוּתִים. מֵאוֹכְלֵי שׁוּם, אָסוּר בְּיִשְׂרָאֵל וְאָסוּר בַּכּוּתִים. מֵעוֹלֵי יְרוּשָׁלַיִם, אָסוּר בְּיִשְׂרָאֵל וּמֻתָּר בַּכּוּתִים:

If one bevows himself from those who rest on the Sabbath, he is forbidden to Israelites and forbidden to Cuthites. From garlic eaters, he is forbidden to Israelites and forbidden to Cuthites. [One of the ten ordinances of Ezra was to eat garlic on Sabbath nights, garlic increasing semen, and Sabbath night being the conjugal time of Torah scholars.] From those who go up to Jerusalem, he is forbidden to Israelites and permitted to Cuthites. [For Cuthites do not go up (to Jerusalem) for the festivals, even though this is Torah-ordained. For they hate Jerusalem and chose Mount Gerizim for themselves.]

קוֹנָם שֶׁאֵינִי נֶהֱנֶה לִבְנֵי נֹחַ, מֻתָּר בְּיִשְׂרָאֵל וְאָסוּר בְּאֻמּוֹת הָעוֹלָם. שֶׁאֵינִי נֶהֱנֶה לְזֶרַע אַבְרָהָם, אָסוּר בְּיִשְׂרָאֵל וּמֻתָּר בְּאֻמּוֹת הָעוֹלָם. שֶׁאֵינִי נֶהֱנֶה לְיִשְׂרָאֵל, לוֹקֵחַ בְּיוֹתֵר וּמוֹכֵר בְּפָחוֹת. שֶׁיִּשְׂרָאֵל נֶהֱנִין לִי, לוֹקֵחַ בְּפָחוֹת וּמוֹכֵר בְּיוֹתֵר, אִם שׁוֹמְעִין לוֹ. שֶׁאֵינִי נֶהֱנֶה לָהֶן וְהֵן לִי, יְהַנֶּה לַנָּכְרִים. קוֹנָם שֶׁאֵינִי נֶהֱנֶה לָעֲרֵלִים, מֻתָּר בְּעַרְלֵי יִשְׂרָאֵל וְאָסוּר בְּמוּלֵי הַגּוֹיִם. קוֹנָם שֶׁאֵינִי נֶהֱנֶה לַמּוּלִים, אָסוּר בְּעַרְלֵי יִשְׂרָאֵל וּמֻתָּר בְּמוּלֵי הַגּוֹיִם, שֶׁאֵין הָעָרְלָה קְרוּיָה אֶלָּא לְשֵׁם הַגּוֹיִם, שֶׁנֶּאֱמַר (ירמיה ט) כִּי כָל הַגּוֹיִם עֲרֵלִים וְכָל בֵּית יִשְׂרָאֵל עַרְלֵי לֵב, וְאוֹמֵר (שמואל א יז) וְהָיָה הַפְּלִשְׁתִּי הֶעָרֵל הַזֶּה, וְאוֹמֵר (שמואל ב א) פֶּן תִּשְׂמַחְנָה בְּנוֹת פְּלִשְׁתִּים, פֶּן תַּעֲלֹזְנָה בְּנוֹת הָעֲרֵלִים. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר, מְאוּסָה עָרְלָה שֶׁנִּתְגַּנּוּ בָהּ הָרְשָׁעִים, שֶׁנֶּאֱמַר, כִּי כָל הַגּוֹיִם עֲרֵלִים. רַבִּי יִשְׁמָעֵאל אוֹמֵר, גְּדוֹלָה מִילָה שֶׁנִּכְרְתוּ עָלֶיהָ שְׁלֹשׁ עֶשְׂרֵה בְרִיתוֹת. רַבִּי יוֹסֵי אוֹמֵר, גְּדוֹלָה מִילָה, שֶׁדּוֹחָה אֶת הַשַּׁבָּת הַחֲמוּרָה. רַבִּי יְהוֹשֻׁעַ בֶּן קָרְחָה אוֹמֵר, גְּדוֹלָה מִילָה, שֶׁלֹּא נִתְלָה לוֹ לְמֹשֶׁה הַצַדִּיק עָלֶיהָ מְלֹא שָׁעָה. רַבִּי נְחֶמְיָה אוֹמֵר, גְּדוֹלָה מִילָה, שֶׁדּוֹחָה אֶת הַנְּגָעִים. רַבִּי אוֹמֵר, גְּדוֹלָה מִילָה, שֶׁכָּל הַמִּצְוֹת שֶׁעָשָׂה אַבְרָהָם אָבִינוּ לֹא נִקְרָא שָׁלֵם, עַד שֶׁמָּל, שֶׁנֱּאֶמַר (בראשית יז), הִתְהַלֵּךְ לְפָנַי וֶהְיֵה תָמִים. דָּבָר אַחֵר, גְּדוֹלָה מִילָה, שֶׁאִלְמָלֵא הִיא, לֹא בָרָא הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת עוֹלָמוֹ, שֶׁנֶּאֱמַר (ירמיה לג), כֹּה אָמַר ה' אִם לֹא בְרִיתִי יוֹמָם וָלָיְלָה, חֻקּוֹת שָׁמַיִם וָאָרֶץ לֹא שָׂמְתִּי:

"Konam, that I derive no benefit from the sons of Noah," he is permitted to Israelites, [Israelites having left the class of "the sons of Noah"], and he is forbidden to the nations of the world, [even those of the seed of Abraham]. "that I derive no benefit from the seed of Abraham," he is forbidden to Israelites [(And proselytes are also in the class of "the seed of Abraham, it being written (Genesis 17:5): "For I have made you the father of a multitude of nations.")], and he is permitted to the nations of the world [even those who are the seed of Abraham, the sons of Jacob alone being called "the seed of Abraham," it being written (Ibid. 21:12): "For in Isaac shall there be called to you seed" — "in Isaac," and not all of Isaac.] "that I derive no benefit from Israelites," he may buy for more (than its worth) and sell for less. "that Israelites derive no benefit from me," he may buy for less and sell for more if they acquiesce. [That is, he may sell it for more than its worth if his neighbor agrees to such a transaction.] "that I derive no benefit from them nor they from me," he may derive benefit from non-Jews. "Konam, that I derive no benefit from the uncircumcised" [His intent is those who do not believe in the covenant of circumcision], he is forbidden to uncircumcised Israelites and permitted to circumcised non-Jews. "Konam, that I derive no benefit from the circumcised" [those who believe in the covenant of circumcision], he is forbidden to uncircumcised Israelites [such as one whose brothers died because of circumcision], and permitted to circumcised non-Jews [such as an uncircumcised Arab or an uncircumcised Giveonite], for "uncircumcised" is an epithet for non-Jews, viz. (Jeremiah 9:26): "For all the nations are uncircumcised, and all the house of Israel are uncircumcised of heart," and (I Samuel 1:20): "Lest the daughters of the Philistines rejoice, lest the daughters of the uncircumcised exult." R. Elazar b. Azaryah says: Repugnant is uncircumcision, wherewith the wicked were execrated, viz.: "For all the nations are uncircumcised." R. Yishmael says: Great is (the mitzvah of) circumcision, which was given with thirteen covenants, ["covenant" appearing thirteen times in the section of (the mitzvah of) circumcision given to Abraham.] R. Yossi says: Great is (the mitzvah of) circumcision, which overrides the stringent (mitzvah of the) Sabbath, [it being written (Leviticus 12:3): "And on the eighth day he shall circumcise the flesh of his foreskin" — even on the Sabbath.] R. Yehoshua b. Karchah says: Great is (the mitzvah of) circumcision, for (remissness in) which Moses, the righteous one, would not have been granted a full moment's (commutation, but would have been killed forthwith had his wife not circumcised their son.) R. Nechemiah says: Great is (the mitzvah of) circumcision, which overrides (the interdict against cutting) plague-spots. [For we expound (Leviticus 12:3): "he shall circumcise" — even at the site of a leprous lesion. And he is not in violation of the negative commandment (Deuteronomy 24:8): "Be heedful of the plague-spot of leprosy."] Rebbi says: Great is (the mitzvah of) circumcision; for with all the mitzvoth that Abraham our father performed, he was not called "perfect" until he circumcised himself, as it is written (in connection with circumcision) (Genesis 17:1): "Walk before Me and be perfect." Another (homily): Great is (the mitzvah of) circumcision, wanting which the Holy One Blessed be He would not have created His world, viz. (Jeremiah 33:25): "Thus says the L rd; If not for My covenant (of circumcision) day and night, the ordinances of heaven and earth I would not have made."