Talmud sobre Nedarim 3:16

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..

Somebody put down an amphora in the public domain and then another person came and put another one close to the first. If the first person comes to take his own and would move [the second] and put it down at another place, he would create a “pit”¹¹If the jars block the entire path, a passer-by cannot remove one of them and put it down again in the public domain since then he would create the obstacle and would be liable for any damages his “pit” would cause in the future. The Babli agrees, 31b, that any obstacle created in the public domain is under the rules of “pit”.. But could he take a stick and break it or step over it and if it broke, it broke¹²Since the passer-by has the right of way, can he forcibly make himself a path without penalty, or does he normally walk and is free from paying only for incidental damage.? Let us hear from the following: If a bull came to mount another¹³In the Babli, 28a: “If a bull mounted another to kill him”. and the [latter’s] owner came to draw away his own, if he drew him away before it could mount, and [the attacker] fell down and died, he is free from payment. If he pushed [the attacker] which then fell down and died, he must pay¹⁴Therefore, the passer-by is not allowed to break the jars to clear the way for himself.. Rebbi Yose said, we can hear from this that if one saw a flood threatening in his irrigation canal, before the flood reached his field he is permitted to divert the water to another place¹⁹Which would damage the property of other farmers whose fields are irrigated by the same canal.; after the flood reached his field he is not permitted to divert it to another place²⁰This is like pushing the agressive bull off its victim, which makes the victim’s owner liable for damage to the agressive bull.. If the chrysargyros²¹Χρυσάργυρος, “alloy of gold and silver; tribute of gold and silver”, a Roman tax imposed by Constantine I, repealed by Anastasios I. The tax was imposed on professions and forced artisans into guilds. A certain sum was collected from each profession in a taxing district [cf. A. Dessau, Finanzen des alten Rom, Handwörterbuch der Staatswissenschaften, Jena 1900, vol. 3, pp. 949–955]. Before the repartition of the tax, the taxpayer might indicate that certain people exercised the same profession as himself without being registered as members of the guild. By this act, he increased the pool of taxpayers and reduced his own share of the tax load. But after repartition of the tax, such a denunciation would lead to the others having to pay tax without his own obligation being reduced; that is forbidden. was imposed, before [the collector of] chrysargyros arrived, one is permitted to say, X is following my profession, Y is following my professon. Once the [the collector of] chrysarguros arrived, it is forbidden. It is permitted to bribe the quartermaster²²אכסניי פרכא, from Greek ξενία “hospitality, lodging”; πάροχος, Latin parochus (pure Latin term copiarius) “purveyor; furnisher of conveniences to travelling magistrates and officers in Roman provinces”. If the expression is taken as one word, cf. ξενοπάροχος, Latin xenoparochus, “one who provides for strangers” (E. G.). before the Roman [soldiers] arrive²³The bribe is given to spare one’s house from receiving soldiers to put up. The entire paragraph is quoted in extenso and commented on in the Responsa of Simeon b. Ṣemaḥ Duran, vol. 3, # 46.; after the Roman [soldiers] arrive it is forbidden.

¹²²Essentially the same text is in Nedarim 3:2 (fol. 37d) and Ševuot 3:9 (fol. 34d). Both Yerushalmi mss. agree here on the text. Therefore, the other texts may be used to instruct the text here but not to correct it. These are Cilician grits, these are square¹²³In Tosephta 3:15: “These are Cilician grits: square algosin.” The last word is otherwise unknown. Lieberman prefers the reading of the quote from the Yerushalmi in Arukh,s.v. קלקי אילו גסין המרובעים׃ “these are the fat square ones.”. It was stated¹²⁴Tosephta 3:15.: “Rabban Gamliel says, there is nothing square from the six days of Creation.” Rebbi Berekhiah objected: Did we not state¹²⁵Mishnah Nega‘im 6:1. In Ševuot3:9, the Mishnah is quoted in its entirety. This is necessary to understand R. Bisna’s statement: “The body of a baheret {a form of skin disease, Lev. 13:18–23} is like a Cilician grit square. The width of a grit is nine lentils, the width of each lentil is four hair-widths; this makes 36 hair-widths.”: “The body of baheret is like a square Cilician grit.” Rebbi Bisna¹²⁶A fourth generation Amora, student of R. Ila. said, that¹²⁷The text of the Mishnah, Note 125 R. Bisna takes the expression “square” in the classical mathematical sense, “determination of the surface area”. The Mishnah requires the minimal surface area of a lesion to be (36)² (hairwidth)². If the expression did not have its mathematical sense, the numerical indication would be superfluous. “That” in this sentence is the second sentence of the Mishnah. in itself says that there is no square. Why did we state that? That he should square it. But there are noxious insects¹²⁸In Nedarim הכנעה “lice”.! They are full of knots. But there is the bunch of pila¹²⁹In Nedarimארכובא דיעלה “the knee of the mountain goat.” In Ševuot עניבה דפילא. This probably is the correct form of the unintelligible word אביבא “springtime” written here; it has been translated. פילא is פילא III in Levy’s Dictionary, a spice, not פילא II “elephant” nor פילא I “cleft”. Since in general the deviations of the two mss. of the Yerushalmi Zeraïm are not very frequent, it seems that both are derived from the same Vorlage.! It is round below. Some want to say, Rabban Simeon ben Gamliel spoke only about animals. It was stated so: There is square in foods, there is no square in animals.

HALAKHAH: ¹⁵⁹This text essentially appears in the Venice edition of the Yerushalmi in Nedarim 3:1 as an unjustified corrector’s addition taken from here. Also the attribution there of R. Eliezer’s statement to Ḥananiah the nephew of R. Joshua is unjustified; Ḥananiah refers to the next paragraph. The authorship of R. Eliezer of a similar statement is confirmed in the Babli 10a. It was stated: Rebbi Eliezer says, they have support. I swore and shall keep it¹⁶⁰Ps. 119:106.. Sometimes I do not keep it. Rebbi Joshua says, they have support. Which I swore in My anger¹⁶¹Ps. 95:11.. I swore in My anger, I am changing My opinion.