m

According to Rebbi Simeon ben Laqish, what is between these Tannaïm and those rabbis? Prohibitions without extirpation. Rebbi Judan said, he who sleeps with a bastard girl is between them. Rebbi Ḥananiah said, he who puts fire to the grain stack of his neighbor on a holiday is between them. These Tannaïm think, since there is no extirpation, he pays. Those rabbis think, since there is flogging he does not pay. But then “these are the adolescent girls who can claim a fine” cannot follow the rabbis! Rebbi Mattaniah said, explain it according to everybody if it refers to a bastard male who sleeps with a bastard girl.

“I came to her and did not find her a virgin.” Should we not worry that he found and made disappear? The husband brought witnesses that she committed adultery while in her father’s house. “This is proof of my daughters virginity.” Should we not worry that this is bird’s blood? The father brought witnesses to prove perjury by the husband’s witnesses. Rebbi Yose ben Rebbi Abun said, in this paragraph there are witnesses, witnesses of perjury, and witnesses of perjury of the witnesses of perjury: The husband says, these are witnesses that she whored in her father’s house. The father brought witnesses to prove perjury of the husband’s witnesses. Rebbi Yose ben Rebbi Abun said: The father brought witnesses to prove perjury of the husband’s witnesses. And the husband brought witnesses to prove perjury of the father’s witnesses. Some Tannaïm state: “If this was true,” that the father found witnesses to prove perjury of the husband’s witnesses.

”The period mentioned in the Torah.” Some Tannaïm state: שְׁאֵר that is intercourse; עוֹנָה that is food. Some Tannaïm state: עוֹנָה that is intercourse; שְׁאֵר that is food. He who said שְׁאֵר is intercourse: “No person to the שְׁאֵר of his flesh;” עוֹנָה is food: “He fed you and made you hunger”. He who said שְׁאֵר is food: “He let rain on them שְׁאֵר like dust”; עוֹנָה that is intercourse, “that you should not deprive my daughters,” that refers to intercourse. Rebbi Eliezer ben Jacob explains the verse, “her flesh her garment”, that her garment should fit her flesh, that he should not give a young woman clothes of an old woman nor an old woman clothes of a young one. “Her garment her season”, that he should not give summer clothing for the rainy season nor that for the rainy season in summer. From where does he get food? Since he is not permitted to withhold from her things that are not necessities of life, not so much more things that are necessities of life! From where does he get the obligation of periodic intercourse? Since he may not withhold from her things which do not constitute the main reason for marriage, so certainly he may not withhold the things which constitute the main reason for marriage!

”The period mentioned in the Torah.” Some Tannaïm state: שְׁאֵר that is intercourse; עוֹנָה that is food. Some Tannaïm state: עוֹנָה that is intercourse; שְׁאֵר that is food. He who said שְׁאֵר is intercourse: “No person to the שְׁאֵר of his flesh;” עוֹנָה is food: “He fed you and made you hunger”. He who said שְׁאֵר is food: “He let rain on them שְׁאֵר like dust”; עוֹנָה that is intercourse, “that you should not deprive my daughters,” that refers to intercourse. Rebbi Eliezer ben Jacob explains the verse, “her flesh her garment”, that her garment should fit her flesh, that he should not give a young woman clothes of an old woman nor an old woman clothes of a young one. “Her garment her season”, that he should not give summer clothing for the rainy season nor that for the rainy season in summer. From where does he get food? Since he is not permitted to withhold from her things that are not necessities of life, not so much more things that are necessities of life! From where does he get the obligation of periodic intercourse? Since he may not withhold from her things which do not constitute the main reason for marriage, so certainly he may not withhold the things which constitute the main reason for marriage!

Some Tannaïm state: thirty days. Some Tannaïm state: up to thirty days. He who says thirty days supports Rav; he who says up to thirty days supports Samuel.

Some Tannaïm state: thirty days. Some Tannaïm state: up to thirty days. He who says thirty days supports Rav; he who says up to thirty days supports Samuel.

“If she went to an Elder and her dissolved her vow, she is preliminarily married. To a doctor and he healed her, she is not preliminarily married.” What is the difference between the Elder and the doctor? The elder uproots the vow from its start; the doctor heals only for the future. Some Tannaïm state: Even if she went to an Elder and her dissolved her vow, she is not preliminarily married. The baraita follows Rebbi Eleazar, as we have stated there: “Rebbi Eleazar said, they forbade this only because of the other.” What is the reason of Rebbi Eleazar? It would have been logical about a vow which has to be investigated by a Sage … because a vow which does not have to be investigated by a Sage. Some Tannaïm state: She is allowed to marry without a bill of divorce. Some Tannaïm state: She is forbidden to marry without a bill of divorce. They wanted to say that he who says, she is allowed to marry without a bill of divorce, is Rebbi Eleazar, and he who says, she is forbidden to marry without a bill of divorce, are the rabbis. Everything follows the rabbis. He who says, she is allowed to marry without a bill of divorce: Since she knows that if she went to an Elder, he would dissolve her vow, since she does not go therefore she can be married without a bill of divorce. But he who says, she is forbidden to marry without a bill of divorce, that she should not go to an Elder who would dissolve her vow, then the preliminary marriage would become retroactively valid for her and it would turn out that her children become bastards. Therefore she is forbidden to marry without a bill of divorce.

“If she went to an Elder and her dissolved her vow, she is preliminarily married. To a doctor and he healed her, she is not preliminarily married.” What is the difference between the Elder and the doctor? The elder uproots the vow from its start; the doctor heals only for the future. Some Tannaïm state: Even if she went to an Elder and her dissolved her vow, she is not preliminarily married. The baraita follows Rebbi Eleazar, as we have stated there: “Rebbi Eleazar said, they forbade this only because of the other.” What is the reason of Rebbi Eleazar? It would have been logical about a vow which has to be investigated by a Sage … because a vow which does not have to be investigated by a Sage. Some Tannaïm state: She is allowed to marry without a bill of divorce. Some Tannaïm state: She is forbidden to marry without a bill of divorce. They wanted to say that he who says, she is allowed to marry without a bill of divorce, is Rebbi Eleazar, and he who says, she is forbidden to marry without a bill of divorce, are the rabbis. Everything follows the rabbis. He who says, she is allowed to marry without a bill of divorce: Since she knows that if she went to an Elder, he would dissolve her vow, since she does not go therefore she can be married without a bill of divorce. But he who says, she is forbidden to marry without a bill of divorce, that she should not go to an Elder who would dissolve her vow, then the preliminary marriage would become retroactively valid for her and it would turn out that her children become bastards. Therefore she is forbidden to marry without a bill of divorce.

“If she went to an Elder and her dissolved her vow, she is preliminarily married. To a doctor and he healed her, she is not preliminarily married.” What is the difference between the Elder and the doctor? The elder uproots the vow from its start; the doctor heals only for the future. Some Tannaïm state: Even if she went to an Elder and her dissolved her vow, she is not preliminarily married. The baraita follows Rebbi Eleazar, as we have stated there: “Rebbi Eleazar said, they forbade this only because of the other.” What is the reason of Rebbi Eleazar? It would have been logical about a vow which has to be investigated by a Sage … because a vow which does not have to be investigated by a Sage. Some Tannaïm state: She is allowed to marry without a bill of divorce. Some Tannaïm state: She is forbidden to marry without a bill of divorce. They wanted to say that he who says, she is allowed to marry without a bill of divorce, is Rebbi Eleazar, and he who says, she is forbidden to marry without a bill of divorce, are the rabbis. Everything follows the rabbis. He who says, she is allowed to marry without a bill of divorce: Since she knows that if she went to an Elder, he would dissolve her vow, since she does not go therefore she can be married without a bill of divorce. But he who says, she is forbidden to marry without a bill of divorce, that she should not go to an Elder who would dissolve her vow, then the preliminary marriage would become retroactively valid for her and it would turn out that her children become bastards. Therefore she is forbidden to marry without a bill of divorce.

Rebbi Yudan from Sicily brought this case before Rebbi Yose: Did not Rebbi Abbahu say in the name of Rebbi Joḥanan: Nobody should use a paper on which he borrowed and paid the loan back to take out another loan on the same day? He said to him, here if he had paid back, there if he did not pay back. Rebbi Ḥanin stated before Rebbi Hila: Two Amoraïm, one said for ketubah but not for individual stipulations, the other said, both for ketubah and for individual stipulations.

“The sons shall go begging.” Some Tannaïm state, “shall support themselves.” He who says “shall support themselves”, “make yourselves comfortable under the tree.” He who says, “go begging”, “may his children wander about begging, asking out of their ruins.”

“ ‘Prohibition’, is an oath. ‘Expression’, is an oath. If you say prohibition is an oath, he is guilty for every single prohibition and for every single oath. If you say prohibition is a kind of oath, he is guilty for this separately and that separately.” “Prohibition is an oath”, and you say “if you say so”? Rebbi Eleazar said, these are two Tannaїm. Rebbi Jeremiah said, it is from one Tanna. If he said it in the language of a vow you catch him in the language of a vow. If he said it in the language of an oath you catch him in the language of an oath. If you say, prohibition is a kind of oath, he is guilty for every single prohibition and for every single oath. Rebbi Yose said, this comes only for five loaves. But for a single loaf, from the moment he mentioned “oath” for it, he made it a cadaver. Furthermore, he may want to have oaths apply to prohibited items, but oaths cannot apply to prohibitited items. Rebbi Ḥananiah said, it applies even to a single loaf. As we have stated, “in that the past is more stringent than the future, if he said I did not eat, I did not eat, he is guilty for every statement; I shall not eat, I shall not eat, he is guilty only once.” Rebbi Yudan said, only if he first mentioned “vow” and then mentioned “oath”. But if he mentioned oath and then vow, vows can apply to prohibitions but oaths cannot apply to prohibitions.

MISHNAH: If somebody says qônām, or qônāḥ, or qônās, these are substitute names for qorbān. Ḥēreq, ḥērek, ḥēreph, these are substitute names for ban. Nāzîq, nāzîaḥ, pāzîaḥ, these are substitute names for nazir. Šĕbûtâ, šĕqûqâ, or he made a vow of Moy, these are substitute names for an oath.

HALAKHAH: “If somebody says qônām, or qônāḥ,” etc. So far for himself. Can one dedicate to Heaven by saying qônām? Let us hear from the following: One said to another, lend me your spade. He said, qônām the spade if I have it, qônām my property on me. If he has a spade, his property would be forbidden for this one “has no spade”. Rebbi Taḥlifa from Caesarea said, there is a difference, for he used the same expression to attach the spade and to attach his property. As you look at it, if the spade is sanctified, so is his property. If the spade is not sanctified, neither is his property. If he said, qônām the spade if I have it, and added qônām my property on me, if he owns a spade, his property is forbidden. That is correct. Rebbi Joshua ben Ḥananiah said, if he had said “my property”, it would be permitted for he stopped. That is correct. He only asserted that the person had no spade. Therefore, if he has a spade, his property is forbidden. That means that the spade was sanctified. That means that the property was sanctified. This means that a person may dedicate to Heaven using the expression qônām.

HALAKHAH: “If somebody says qônām, or qônāḥ,” etc. So far for himself. Can one dedicate to Heaven by saying qônām? Let us hear from the following: One said to another, lend me your spade. He said, qônām the spade if I have it, qônām my property on me. If he has a spade, his property would be forbidden for this one “has no spade”. Rebbi Taḥlifa from Caesarea said, there is a difference, for he used the same expression to attach the spade and to attach his property. As you look at it, if the spade is sanctified, so is his property. If the spade is not sanctified, neither is his property. If he said, qônām the spade if I have it, and added qônām my property on me, if he owns a spade, his property is forbidden. That is correct. Rebbi Joshua ben Ḥananiah said, if he had said “my property”, it would be permitted for he stopped. That is correct. He only asserted that the person had no spade. Therefore, if he has a spade, his property is forbidden. That means that the spade was sanctified. That means that the property was sanctified. This means that a person may dedicate to Heaven using the expression qônām.

HALAKHAH: “If somebody says qônām, or qônāḥ,” etc. So far for himself. Can one dedicate to Heaven by saying qônām? Let us hear from the following: One said to another, lend me your spade. He said, qônām the spade if I have it, qônām my property on me. If he has a spade, his property would be forbidden for this one “has no spade”. Rebbi Taḥlifa from Caesarea said, there is a difference, for he used the same expression to attach the spade and to attach his property. As you look at it, if the spade is sanctified, so is his property. If the spade is not sanctified, neither is his property. If he said, qônām the spade if I have it, and added qônām my property on me, if he owns a spade, his property is forbidden. That is correct. Rebbi Joshua ben Ḥananiah said, if he had said “my property”, it would be permitted for he stopped. That is correct. He only asserted that the person had no spade. Therefore, if he has a spade, his property is forbidden. That means that the spade was sanctified. That means that the property was sanctified. This means that a person may dedicate to Heaven using the expression qônām.

HALAKHAH: “If somebody says qônām, or qônāḥ,” etc. So far for himself. Can one dedicate to Heaven by saying qônām? Let us hear from the following: One said to another, lend me your spade. He said, qônām the spade if I have it, qônām my property on me. If he has a spade, his property would be forbidden for this one “has no spade”. Rebbi Taḥlifa from Caesarea said, there is a difference, for he used the same expression to attach the spade and to attach his property. As you look at it, if the spade is sanctified, so is his property. If the spade is not sanctified, neither is his property. If he said, qônām the spade if I have it, and added qônām my property on me, if he owns a spade, his property is forbidden. That is correct. Rebbi Joshua ben Ḥananiah said, if he had said “my property”, it would be permitted for he stopped. That is correct. He only asserted that the person had no spade. Therefore, if he has a spade, his property is forbidden. That means that the spade was sanctified. That means that the property was sanctified. This means that a person may dedicate to Heaven using the expression qônām.

HALAKHAH: “If somebody says qônām, or qônāḥ,” etc. So far for himself. Can one dedicate to Heaven by saying qônām? Let us hear from the following: One said to another, lend me your spade. He said, qônām the spade if I have it, qônām my property on me. If he has a spade, his property would be forbidden for this one “has no spade”. Rebbi Taḥlifa from Caesarea said, there is a difference, for he used the same expression to attach the spade and to attach his property. As you look at it, if the spade is sanctified, so is his property. If the spade is not sanctified, neither is his property. If he said, qônām the spade if I have it, and added qônām my property on me, if he owns a spade, his property is forbidden. That is correct. Rebbi Joshua ben Ḥananiah said, if he had said “my property”, it would be permitted for he stopped. That is correct. He only asserted that the person had no spade. Therefore, if he has a spade, his property is forbidden. That means that the spade was sanctified. That means that the property was sanctified. This means that a person may dedicate to Heaven using the expression qônām.

HALAKHAH: “If somebody says qônām, or qônāḥ,” etc. So far for himself. Can one dedicate to Heaven by saying qônām? Let us hear from the following: One said to another, lend me your spade. He said, qônām the spade if I have it, qônām my property on me. If he has a spade, his property would be forbidden for this one “has no spade”. Rebbi Taḥlifa from Caesarea said, there is a difference, for he used the same expression to attach the spade and to attach his property. As you look at it, if the spade is sanctified, so is his property. If the spade is not sanctified, neither is his property. If he said, qônām the spade if I have it, and added qônām my property on me, if he owns a spade, his property is forbidden. That is correct. Rebbi Joshua ben Ḥananiah said, if he had said “my property”, it would be permitted for he stopped. That is correct. He only asserted that the person had no spade. Therefore, if he has a spade, his property is forbidden. That means that the spade was sanctified. That means that the property was sanctified. This means that a person may dedicate to Heaven using the expression qônām.

HALAKHAH: “If somebody says qônām, or qônāḥ,” etc. So far for himself. Can one dedicate to Heaven by saying qônām? Let us hear from the following: One said to another, lend me your spade. He said, qônām the spade if I have it, qônām my property on me. If he has a spade, his property would be forbidden for this one “has no spade”. Rebbi Taḥlifa from Caesarea said, there is a difference, for he used the same expression to attach the spade and to attach his property. As you look at it, if the spade is sanctified, so is his property. If the spade is not sanctified, neither is his property. If he said, qônām the spade if I have it, and added qônām my property on me, if he owns a spade, his property is forbidden. That is correct. Rebbi Joshua ben Ḥananiah said, if he had said “my property”, it would be permitted for he stopped. That is correct. He only asserted that the person had no spade. Therefore, if he has a spade, his property is forbidden. That means that the spade was sanctified. That means that the property was sanctified. This means that a person may dedicate to Heaven using the expression qônām.

“Rebbi Jehudah says, he who says ‘like Jerusalem’ did not say anything,” since this one intended to refer only to its wood and stones. “Like the Torah,” that is permitted. “Like the sanctity of the Torah, like what is written in it,” that is forbidden like the sacrifices written in it. There are Tannaїm who state, “like the Torah and what is written in it,” is permitted. Rebbi Abin bar Cahana said, that is Rebbi Simeon’s, as Rebbi Joḥanan said, by the words of Rebbi Simeon, if it turns out that he had no wheat, he is free also for the rest. Rebbi Yose said, it is everybody’s opinion. “Like the Torah”, like the sanctity of the Torah. “Like what is written in it,” like the sanctity of the verses.

MISHNAH: If somebody says sacrifice, elevation offering, or flour offering, purification offering, or well-being offering, that I will not eat with you, he is forbidden; Rebbi Jehudah permits. The sacrifice, like a sacrifice, sacrifice if I would eat with you, he is forbidden. It is for sacrifice what I will not eat with you, Rebbi Meїr forbids. If somebody says to another person, a qônām that my mouth speaks with you, that my hand works with you, that my foot goes with you, he is forbidden.

MISHNAH: The following vows are permitted: Profane I would eat with you; like pork, like idolatry, like carcasses, like meat from a torn animal, like abominations, like crawling things, like Aaron’s ḥallah and his heave, are permitted. One who says to his wife, you are for me like my mother, one finds for him an opening from another place that he should not be flippant about this. A qônām that I shall not sleep, that I shall not speak, that I shall not walk, or one who says to his wife, a qônām that I shall not sleep with you, he is under the obligation “he shall not profanate his word.” An oath that I shall not sleep, that I shall not speak, that I shall not walk, he is forbidden.

MISHNAH: The following vows are permitted: Profane I would eat with you; like pork, like idolatry, like carcasses, like meat from a torn animal, like abominations, like crawling things, like Aaron’s ḥallah and his heave, are permitted. One who says to his wife, you are for me like my mother, one finds for him an opening from another place that he should not be flippant about this. A qônām that I shall not sleep, that I shall not speak, that I shall not walk, or one who says to his wife, a qônām that I shall not sleep with you, he is under the obligation “he shall not profanate his word.” An oath that I shall not sleep, that I shall not speak, that I shall not walk, he is forbidden.

HALAKHAH: “The following vows are permitted,” etc. “To the Eternal”, nobody can forbid anything on himself unless it could be given to the Eternal. What is stated in the House of Rav disagrees: “From where that one may not make and dissolve vows which are dissolved for you from Heaven but people consider them as binding? The verse says, ‘he shall not profanate his word.’ He should not make his words profane.” They wanted to say, for example using “qorbān” or “oath”; but in all other respects it would be permitted. It comes to tell you, also all other respects. “To prohibit a prohibition on himself”. There are Tannaїm who state: on himself, not on others. There are Tannaїm who state: even on others. They wanted to say that he who says on himself, not on others, to forbid others’ property, but he who says even on others, to forbid his own property for others, but not the property of others for himself.

HALAKHAH: “The following vows are permitted,” etc. “To the Eternal”, nobody can forbid anything on himself unless it could be given to the Eternal. What is stated in the House of Rav disagrees: “From where that one may not make and dissolve vows which are dissolved for you from Heaven but people consider them as binding? The verse says, ‘he shall not profanate his word.’ He should not make his words profane.” They wanted to say, for example using “qorbān” or “oath”; but in all other respects it would be permitted. It comes to tell you, also all other respects. “To prohibit a prohibition on himself”. There are Tannaїm who state: on himself, not on others. There are Tannaїm who state: even on others. They wanted to say that he who says on himself, not on others, to forbid others’ property, but he who says even on others, to forbid his own property for others, but not the property of others for himself.

“One who says to his wife, you are for me like my mother”. Your cohabitation is for me like cohabitation with my mother, like my mother’s flesh; he did not say anything. If he said, this loaf is for me like cohabitation with my mother, what? Let us hear from the following: A qônām that I shall not sleep with you, Rav says, he is forbidden, Samuel says he is permitted. How does Samuel uphold “he shall not profanate his word”? As if he shall not profanate his word. Rav sticks with his opinion: The Tannaїm in the House of Rav disagree: “From where that one may not make and dissolve vows which are dissolved for you from Heaven but people consider them as binding? The verse says, ‘he shall not profanate his word.’ He should not make his words profane.”

“One who says to his wife, you are for me like my mother”. Your cohabitation is for me like cohabitation with my mother, like my mother’s flesh; he did not say anything. If he said, this loaf is for me like cohabitation with my mother, what? Let us hear from the following: A qônām that I shall not sleep with you, Rav says, he is forbidden, Samuel says he is permitted. How does Samuel uphold “he shall not profanate his word”? As if he shall not profanate his word. Rav sticks with his opinion: The Tannaїm in the House of Rav disagree: “From where that one may not make and dissolve vows which are dissolved for you from Heaven but people consider them as binding? The verse says, ‘he shall not profanate his word.’ He should not make his words profane.”

MISHNAH: Qorbān [shall be] what I shall not eat at your place, or qorbān [shall be] what I shall eat from you, no qorbān [shall be] what I shall not eat from you; he is permitted. An oath that I shall not eat at your place, an oath that I shall eat from you, no oath that I shall not eat from you; he is forbidden. That is more restrictive for oaths than for vows. What is more restrictive for vows than for oaths? If he said qônām that I shall not make a sukkah, that I shall not take a lulab, that I shall not put on phylacteries, as a vow he is forbidden, as an oath he is permitted since one cannot swear to transgress commandments.

“But the Sages say, indeterminate heave in Judea is prohibited, in Galilee permitted, since Galileans do not know of Temple heave.” But if they did know it, the indeterminate would be forbidden. “Indeterminate bans in Judea are permitted, in Galilee prohibited, since Galileans do not know of priest’s bans.” But if they did know it, the indeterminate would be permitted. Here you say permitted, but there you say forbidden. Rebbi Eleazar says, these are statements of two Tannaïm. Rebbi Jeremiah said, all is from one Tanna, following the one who said: “indeterminate bans are for the upkeep of the Temple.” But for the one who said, “indeterminate bans are for priests,” even in Galilee they would be permitted. In Galilee where they are used to invoke Akhan’s ban, you have to say forbidden; in Judea where they are not used to invoke Akhan’s ban, you have to say permitted.

MISHNAH: If somebody made a vow of ḥerem and said, I referred the vow only to mariner’s nets, or made a vow of qorbān and said, I referred the vow only to the gifts for kings, or said, my bone is qorbān and said, I referred the vow only to the bone that I keep in my house for purposes of vows, [or said] a qônām that my wife may not have any use from me and said, I referred the vow only to my first wife whom I divorced, all these do not need a question. If they do question, one punishes them and makes it difficult for them, the words of Rebbi Meïr, but the Sages say, one finds for them an opening from another place and teaches them that they should not be flippant about vows.

MISHNAH: Four kinds of vows did the Sages dissolve: Speeding-up vows, exaggeration vows, vows in error, and vows about acts of God. What are speeding-up vows? One who has something to sell says, a qônām that I shall not reduce the price below a tetradrachma, and the other one says, a qônām that I shall not increase my bid to more than a sheqel; both of them intend three denarii. Rebbi Eliezer ben Jacob says, also one who wants by a vow to get his neighbor to eat at his place. If he says to himself: any vow which I make in the future shall be void, [it is void] if he remembers at the moment he makes the vow.

MISHNAH: Four kinds of vows did the Sages dissolve: Speeding-up vows, exaggeration vows, vows in error, and vows about acts of God. What are speeding-up vows? One who has something to sell says, a qônām that I shall not reduce the price below a tetradrachma, and the other one says, a qônām that I shall not increase my bid to more than a sheqel; both of them intend three denarii. Rebbi Eliezer ben Jacob says, also one who wants by a vow to get his neighbor to eat at his place. If he says to himself: any vow which I make in the future shall be void, [it is void] if he remembers at the moment he makes the vow.

Rebbi Immi said, who is the Tanna of speeding-up vows? Rebbi Tarphon! For he explains it for those who insist. Rebbi Abba said, explain it according to everybody for those who do not insist. If you say for those who insist, one should have stated that Rebbi Eliezer ben Jacob and Rebbi Tarphon say the same thing. Some Tannaїm say, “one who wants”; some Tannaïm say, “also one who wants”. He who says “one who wants” supports Rebbi Abba; he who says “also one who wants”, supports Rebbi Immi. Rebbi Pedat in the name of Rebbi Joḥanan: who is the Tanna of speeding-up vows? Rebbi Tarphon!

Rebbi Immi said, who is the Tanna of speeding-up vows? Rebbi Tarphon! For he explains it for those who insist. Rebbi Abba said, explain it according to everybody for those who do not insist. If you say for those who insist, one should have stated that Rebbi Eliezer ben Jacob and Rebbi Tarphon say the same thing. Some Tannaїm say, “one who wants”; some Tannaïm say, “also one who wants”. He who says “one who wants” supports Rebbi Abba; he who says “also one who wants”, supports Rebbi Immi. Rebbi Pedat in the name of Rebbi Joḥanan: who is the Tanna of speeding-up vows? Rebbi Tarphon!

MISHNAH: Exaggeration vows: If he said, if I did not see on this road [crowds] like those who left Egypt; if I did not see a snake [as thick] as the beam of the olive press. Vows in error how? If he said, if I ate or drank, and he remembers that he had eaten or drunk, that I shall not eat or shall not drink, and he forgot and ate or drank. If he said, a qônām that my wife cannot enjoy anything from me because she stole my wallet or hit my son, and it turns out that she did not hit him or became known that she did not steal. If he saw people eating [his] figs and said to them, these are for you as qorbān, but the persons turned out to be his father or brothers with others. The House of Shammai say, these are permitted, those with them forbidden. But the House of Hillel say, these and those are permitted.

MISHNAH: One makes a vow to tax assessors and to people who condemn property and to toll collectors that it is heave even though it is not heave, that it is king’s family’s property even though it is not theirs. The House of Shammai say, one vows anything except an oath, but the House of Hillel say, even an oath. The House of Shammai say, one may not offer a vow, but the House of Hillel say, one may offer. The House of Shammai say, only what he prescribes as vow, but the House of Hillel say, even what he does not prescribe. How is this? They said to him, say: a qônām that my wife cannot have any use from me, and he said: a qônām that my wife and my children cannot have any use from me; the House of Shammai say, his wife is permitted but his children are forbidden; but the House of Hillel say, both are permitted.

MISHNAH: One makes a vow to tax assessors and to people who condemn property and to toll collectors that it is heave even though it is not heave, that it is king’s family’s property even though it is not theirs. The House of Shammai say, one vows anything except an oath, but the House of Hillel say, even an oath. The House of Shammai say, one may not offer a vow, but the House of Hillel say, one may offer. The House of Shammai say, only what he prescribes as vow, but the House of Hillel say, even what he does not prescribe. How is this? They said to him, say: a qônām that my wife cannot have any use from me, and he said: a qônām that my wife and my children cannot have any use from me; the House of Shammai say, his wife is permitted but his children are forbidden; but the House of Hillel say, both are permitted.

MISHNAH: One who makes a vow away from those who keep the Sabbath is forbidden Jews and Samaritans, from garlic eaters is forbidden Jews and Samaritans, from those who make pilgrimage to Jerusalem is forbidden Jews but permitted Samaritans. A qônām that I shall not enjoy from the descendants of Noah; he is permitted Jews and forbidden Gentiles. That I shall not enjoy from the descendants of Abraham; he is forbidden Jews and permitted Gentiles. That I shall not enjoy from Jews; he buys higher and sells lower. That Jews shall not enjoy from me; he buys lower and sells higher, if they agree. That I shall not enjoy from them nor they from me; he should deal with Gentiles.

HALAKHAH: “A qônām that I shall not enjoy from the descendants of Noah; he is permitted Jews and forbidden Gentiles. That I shall not enjoy from the descendants of Abraham; he is forbidden Jews and permitted Gentiles,” etc. Is Ismael not part of Abraham’s seed? “ For in Isaac will be called your seed.” And is not Esaw part of Isaac’s seed? Rebbi Yudan bar Shalom said, “in Isaac,” in part of Isaac. Rebbi Huna said, “ב” are two, the son who will be inheriting two worlds, this world and the world to come. Rebbi Gershom in the name of Rebbi Aḥa, “ a star did step out from Jacob,” from whom did a star step out and will appear in the future? From Jacob! Rebbi Aḥa in the name of Rebbi Ḥuna: In the future world, evil Esaw will put on his prayer shawl and sit with the Just in Paradise, but the Holy One, Praise to Him, draws him away. Why? “ If you climb as high as an eagle or if you would make your nest between stars, from there I would take you down, says the Lord.” But “stars” are only the Just. As you say, “those who justify the many are like stars, eternally.”

MISHNAH: A qônām that I shall not enjoy from the uncircumcized, he is permitted uncircumcized Jews and forbidden circumcized peoples of the world. That I shall not enjoy from the circumcized, he is forbidden uncircumcized Jews and permitted circumcized peoples of the world, since the prepuce is simply a name for Gentiles as it was said: “For all Gentiles are uncircumcized and all the House of Israel are uncircumcised of heart.” Rebbi Ismael says, circumcision is great, for its covenant was concluded thirteenfold. Rebbi Yose says, circumcision is great, for it pushes aside the stringencies of the Sabbath. Rebbi Joshua ben Qorḥa says, circumcision is great, for it was not suspended even one hour for Moses the Just. Rebbi Neḥemiah says, Rebbi Yose says, circumcision is great, for it pushes aside skin disease. Rebbi says, circumcision is great, for with all the commandments which Abraham fulfilled he was not called whole until he circumcized himself as it is written: “Walk before me and be perfect.” Another word: Circumcision is great, for without it the Holy One, praise to Him, would not have created his world as it is said: “So says the Eternal, if it were not for my covenant day and night, I would not have put in place the laws of heaven and earth.” Another word: Circumcision is great, for it is weighty corresponding to all other commandments of the Torah, as it is said: “Behold the blood of the covenant which the Eternal concluded with you about all these words.”

Because Moses was lazy for circumcision, the angel tried to kill kim. That is what is written: “The Eternal met him and wanted to kill him.” Rebbi Yose said, far be the thought that Moses was lazy for circumcision but he argued on his own: To perform circumcision and leave would be dangerous. To wait, the Holy One, praise to Him, told him: “Go, return to Egypt.” But because he was lazy in preparing for the overnight stay before circumcision; that is what is written: “It was on the way, at the overnight stay.” Rabban Simeon ben Gamliel said, far be the thought that the angel wanted to kill Moses; it was the baby. Come and see, who is called ḥātān? Moses or the baby? There are Tannaïm who state that Moses is called ḥātān. There are Tannaïm who state that the baby is called ḥātān. He who said that Moses is called ḥātān: Ḥātān, blood is required from you. And he said that the baby is called ḥātān: Ḥātān, in blood you are preserved for me. “Ṣippora took a flintstone and cut her son’s prepuce and touched his feet.” Rebbi Jehudah, Rebbi Neḥemiah, and the rabbis. One said, Moses’s feet. Another said, the angel’s feet. Another said, the baby’s feet. He who said Moses’s feet: Here I cut your obligation for you. He who said, the angel’s feet: Here your mission was accomplished. He who said the baby’s feet, she touched the baby’s body. “He left off from him; then she said, a blood ḥātān for circumcisions.” From here that there are two circumcisions; one for baring the gland and one for the fibers.

Because Moses was lazy for circumcision, the angel tried to kill kim. That is what is written: “The Eternal met him and wanted to kill him.” Rebbi Yose said, far be the thought that Moses was lazy for circumcision but he argued on his own: To perform circumcision and leave would be dangerous. To wait, the Holy One, praise to Him, told him: “Go, return to Egypt.” But because he was lazy in preparing for the overnight stay before circumcision; that is what is written: “It was on the way, at the overnight stay.” Rabban Simeon ben Gamliel said, far be the thought that the angel wanted to kill Moses; it was the baby. Come and see, who is called ḥātān? Moses or the baby? There are Tannaïm who state that Moses is called ḥātān. There are Tannaïm who state that the baby is called ḥātān. He who said that Moses is called ḥātān: Ḥātān, blood is required from you. And he said that the baby is called ḥātān: Ḥātān, in blood you are preserved for me. “Ṣippora took a flintstone and cut her son’s prepuce and touched his feet.” Rebbi Jehudah, Rebbi Neḥemiah, and the rabbis. One said, Moses’s feet. Another said, the angel’s feet. Another said, the baby’s feet. He who said Moses’s feet: Here I cut your obligation for you. He who said, the angel’s feet: Here your mission was accomplished. He who said the baby’s feet, she touched the baby’s body. “He left off from him; then she said, a blood ḥātān for circumcisions.” From here that there are two circumcisions; one for baring the gland and one for the fibers.

HALAKHAH: “If somebody is forbidden any profit from another person by a vow, he should not lend him,” etc. If somebody says, a qônām that I shall never plough, it is the same as if he said, a qônām that my field should never be ploughed.

HALAKHAH: “If somebody is forbidden any profit from another person by a vow, he should not lend him,” etc. If somebody says, a qônām that I shall never plough, it is the same as if he said, a qônām that my field should never be ploughed.

HALAKHAH: It was stated: Rebbi Meïr says that as soon as a person abandons anything from his property, it is no longer in his possession. Rebbi Yose says, nothing may leave the hands of its owners except if it is taken up by another person. Rebbi Jeremiah, Rebbi Abba bar Ḥiyya, both say, Rebbi Joḥanan in the name of Rebbi Yannai: The words of Rebbi Yose [deal with the case] that a person gave a gift to ten people and this one was one of them. If somebody abandoned his field, some Tannaïm say, he can retract, but some Tannaïm say, he cannot retract. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: The one who says that he can retract follows Rebbi Yose. But the one who says that he cannot retract follows Rebbi Meïr. Does this mean that abandoned property in the sense of Rebbi Yose is subject to tithes? What did he say? Abandoned property, not gift! Rebbi Jacob bar Aḥa came in the name of Rebbi Simeon ben Laqish: Abandoned property in the sense of Rebbi Yose is subject to tithes. There, they say that abandoned property in the sense of Rebbi Yose is not subject to tithes, since Rebbi Joḥanan said in the name of Rebbi Yannai: “The Levite shall come,” etc. You are obliged to give him from what you have but he has not. This excludes abandoned property for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal.

HALAKHAH: It was stated: Rebbi Meïr says that as soon as a person abandons anything from his property, it is no longer in his possession. Rebbi Yose says, nothing may leave the hands of its owners except if it is taken up by another person. Rebbi Jeremiah, Rebbi Abba bar Ḥiyya, both say, Rebbi Joḥanan in the name of Rebbi Yannai: The words of Rebbi Yose [deal with the case] that a person gave a gift to ten people and this one was one of them. If somebody abandoned his field, some Tannaïm say, he can retract, but some Tannaïm say, he cannot retract. Rebbi Ḥizqiah, Rebbi Abbahu in the name of Rebbi Simeon ben Laqish: The one who says that he can retract follows Rebbi Yose. But the one who says that he cannot retract follows Rebbi Meïr. Does this mean that abandoned property in the sense of Rebbi Yose is subject to tithes? What did he say? Abandoned property, not gift! Rebbi Jacob bar Aḥa came in the name of Rebbi Simeon ben Laqish: Abandoned property in the sense of Rebbi Yose is subject to tithes. There, they say that abandoned property in the sense of Rebbi Yose is not subject to tithes, since Rebbi Joḥanan said in the name of Rebbi Yannai: “The Levite shall come,” etc. You are obliged to give him from what you have but he has not. This excludes abandoned property for which your and his hands are equal. Gleanings, forgotten sheaves, peah, and abandoned property are all equal.

MISHNAH: If one was under a vow not to have usufruct from another and he owns a bathhouse or an olive press leased out in town; if he retains the grip of a hand on them, the other one is forbidden; if he retains no grip of a hand on them, the other one is permitted. If a person says to another, a qônām that I shall not enter your house, or that I shall not buy your field, if the owner died or sold it, the other one is permitted. That I shall not enter this house, or that I shall not buy this field, if the owner died or sold it, the other one is forbidden.

“This, your house,” because of what do you catch him? Because of “your house,” “this”? If it collapsed and he himself rebuilt it, is it not “this”? Let us hear from the following: “If somebody said to his heirs, give a wedding house to my son or a widow’s house to my daughter, if it collapsed, the heirs are required to rebuild it.” There, we have stated: “If somebody says to his son, ‘a qônām that you can not enjoy anything from me,’ if he dies, [the son] inherits. ‘During my lifetime and after my death,’ if he dies, [the son] does not inherit.” [Did we not state, ‘during my lifetime’, [the son] inherits; ‘after my death’, [the son] inherits?] What is the difference between the one who says it one by one and the one who says it by twos? Rav Jeremiah and Rebbi Yose [ben Ḥanina] both say, ‘a qônām that I cannot enjoy these my properties during my lifetime and after my death,’ from the moment he said “these” he forbade to him during his lifetime and after his death. Rebbi Yose said, we have stated in Nedarim what we did not state in S̄ebuot: “A qônām that I shall not enter your house, or that I shall not buy your field, if the owner died or sold it, the other is permitted. That I shall not enter this house, or that I shall not buy this field, if the owner died or sold it, the other is forbidden.” Because he said “this”. Therefore, if he had not said “this”, he would have forbidden to him both during his lifetime and after his death.

“This, your house,” because of what do you catch him? Because of “your house,” “this”? If it collapsed and he himself rebuilt it, is it not “this”? Let us hear from the following: “If somebody said to his heirs, give a wedding house to my son or a widow’s house to my daughter, if it collapsed, the heirs are required to rebuild it.” There, we have stated: “If somebody says to his son, ‘a qônām that you can not enjoy anything from me,’ if he dies, [the son] inherits. ‘During my lifetime and after my death,’ if he dies, [the son] does not inherit.” [Did we not state, ‘during my lifetime’, [the son] inherits; ‘after my death’, [the son] inherits?] What is the difference between the one who says it one by one and the one who says it by twos? Rav Jeremiah and Rebbi Yose [ben Ḥanina] both say, ‘a qônām that I cannot enjoy these my properties during my lifetime and after my death,’ from the moment he said “these” he forbade to him during his lifetime and after his death. Rebbi Yose said, we have stated in Nedarim what we did not state in S̄ebuot: “A qônām that I shall not enter your house, or that I shall not buy your field, if the owner died or sold it, the other is permitted. That I shall not enter this house, or that I shall not buy this field, if the owner died or sold it, the other is forbidden.” Because he said “this”. Therefore, if he had not said “this”, he would have forbidden to him both during his lifetime and after his death.

“This, your house,” because of what do you catch him? Because of “your house,” “this”? If it collapsed and he himself rebuilt it, is it not “this”? Let us hear from the following: “If somebody said to his heirs, give a wedding house to my son or a widow’s house to my daughter, if it collapsed, the heirs are required to rebuild it.” There, we have stated: “If somebody says to his son, ‘a qônām that you can not enjoy anything from me,’ if he dies, [the son] inherits. ‘During my lifetime and after my death,’ if he dies, [the son] does not inherit.” [Did we not state, ‘during my lifetime’, [the son] inherits; ‘after my death’, [the son] inherits?] What is the difference between the one who says it one by one and the one who says it by twos? Rav Jeremiah and Rebbi Yose [ben Ḥanina] both say, ‘a qônām that I cannot enjoy these my properties during my lifetime and after my death,’ from the moment he said “these” he forbade to him during his lifetime and after his death. Rebbi Yose said, we have stated in Nedarim what we did not state in S̄ebuot: “A qônām that I shall not enter your house, or that I shall not buy your field, if the owner died or sold it, the other is permitted. That I shall not enter this house, or that I shall not buy this field, if the owner died or sold it, the other is forbidden.” Because he said “this”. Therefore, if he had not said “this”, he would have forbidden to him both during his lifetime and after his death.

HALAKHAH: “ “I am ḥerem for you”, etc. ‘A qônām that I shall not have any usufruct from you and anyone I would ask about you’, he has to ask about the first but not the second. Some Tannaïm state: He has to ask both about the first and the second. Samuel the son of Rebbi Joseph ben Rebbi Abun said, that follows the one who said “after the prohibition”. But for the one who said “after the vow”, a vow which is partially invalid is totally invalid.

HALAKHAH: “ “I am ḥerem for you”, etc. ‘A qônām that I shall not have any usufruct from you and anyone I would ask about you’, he has to ask about the first but not the second. Some Tannaïm state: He has to ask both about the first and the second. Samuel the son of Rebbi Joseph ben Rebbi Abun said, that follows the one who said “after the prohibition”. But for the one who said “after the vow”, a vow which is partially invalid is totally invalid.

“A person who makes a vow ‘to forbid himself the people of the town,’ if another person came and dwelled there for thirty days, [the vower] is permitted to deal with him. ‘From the inhabitants of the town,’ if another person came and dwelled there for thirty days, [the vower] is prohibited from dealing with him.” ‘A qônām that the people of my town cannot have any usufruct from me,’ he cannot ask the local rabbi. ‘The usufruct of the people of my town [is forbidden] to me’, he can ask the local rabbi. Some Tannaïm state, even in the first case he can ask, for it does not mean that [the rabbi] would dissolve his own vow. A vow of the community cannot be dissolved. A vow made in public cannot be dissolved. “If somebody made a vow that another should not have usufruct from him, if the vow was made in the other’s presence, he can request the vow to be dissolved only in the other’s presence; if the vow was not made in the other’s presence, he can request the dissolution either in the other’s presence or in his absence.” Rebbi Joḥanan said, because of the shame; Rebbi Joshua ben Levi said, because of the suspicion.

“A person who makes a vow ‘to forbid himself the people of the town,’ if another person came and dwelled there for thirty days, [the vower] is permitted to deal with him. ‘From the inhabitants of the town,’ if another person came and dwelled there for thirty days, [the vower] is prohibited from dealing with him.” ‘A qônām that the people of my town cannot have any usufruct from me,’ he cannot ask the local rabbi. ‘The usufruct of the people of my town [is forbidden] to me’, he can ask the local rabbi. Some Tannaïm state, even in the first case he can ask, for it does not mean that [the rabbi] would dissolve his own vow. A vow of the community cannot be dissolved. A vow made in public cannot be dissolved. “If somebody made a vow that another should not have usufruct from him, if the vow was made in the other’s presence, he can request the vow to be dissolved only in the other’s presence; if the vow was not made in the other’s presence, he can request the dissolution either in the other’s presence or in his absence.” Rebbi Joḥanan said, because of the shame; Rebbi Joshua ben Levi said, because of the suspicion.

It turns out that one disagreement is like an other other disagreement, as it was stated: On the Day of Atonement, one has to detail one’s deeds, the words of Rebbi Jehudah ben Bathyra. Rebbi Aqiba says, one does not have to detail the sin. Some Tannïm state, one has to detail the vow; some Tannïm state, one does not have to detail the vow. A person made a vow not to earn money. He came before Rebbi Yudan bar Shalom. He asked him, what did you forswear to yourself? He said to him, not to earn money. Rebbi Yudan said to him, is there anyone doing that? He said to him, as a gambler. He said, praise to Him Who chose the Torah and the Sages who said, one has to detail the vow.

It turns out that one disagreement is like an other other disagreement, as it was stated: On the Day of Atonement, one has to detail one’s deeds, the words of Rebbi Jehudah ben Bathyra. Rebbi Aqiba says, one does not have to detail the sin. Some Tannïm state, one has to detail the vow; some Tannïm state, one does not have to detail the vow. A person made a vow not to earn money. He came before Rebbi Yudan bar Shalom. He asked him, what did you forswear to yourself? He said to him, not to earn money. Rebbi Yudan said to him, is there anyone doing that? He said to him, as a gambler. He said, praise to Him Who chose the Torah and the Sages who said, one has to detail the vow.

MISHNAH: One who makes a vow to abstain from cooked food is permitted roasted and scalded food. If one said, a qônām that I will not taste a cooked dish, he is forbidden fine dishes and permitted thick ones. Also he is permitted a soft boiled egg and ash-gourd.

HALAKHAH: “One who makes a vow to abstain from cooked food,” etc. A Mishnah states that scalding is called cooking, as we have stated: “If he cooked the well-being offering or scalded it.” A verse [states] that “roasted” is called “cooked”: “They cooked the pesaḥ” etc. If you say, against the rules, Rebbi Jonah from Bostra said, “as is the rule”. A Mishnah states that scalded is called cooked, and a verse that roasted is called cooked; but did we not state: “One who makes a vow to abstain from cooked food is permitted roasted and scalded food”? Rebbi Joḥanan said, in matters of vows one follows common usage. Rebbi Joshia said, in matters of vows one follows biblical usage. What is the difference between them? ‘A qônām that I shall not taste wine on Tabernacles.’ In the opinion of Rebbi Joḥanan he is forbidden on the last day of the holiday. In the opinion of Rebbi Joshia, is he permitted? Also Rebbi Joshia agrees that he is prohibited. Rebbi Joshia said it only for restrictions.

MISHNAH: If somebody makes a vow to forbid himself anything made in a pot, he is forbidden only what is made in its heat. If he said, a qônām that I shall not taste anything going into the pot, he is forbidden anything that may be cooked in any pot. ‘From the pickled’, he is forbidden only pickled vegetables. ‘That I shall not taste anything pickled’, he is forbidden everything pickled. ‘From the scalded’ he is forbidden only scalded meat, the words of Rebbi Jehudah. ‘That I shall not taste anything scalded’, he is forbidden everything scalded. ‘From the roast’ he is forbidden only roasted meat, the words of Rebbi Jehudah. ‘That I shall not taste anything roasted’, he is forbidden everything roasted.

It was stated: Rebbi Simeon ben Eleazar says: If he said, ‘a qônām that I shall not taste a fish’, he is forbidden large ones and permitted small ones. ‘Fishes I shall not taste,’ he is forbidden large and small ones. ‘Fish I shall not taste,’ he is forbidden only sardines. What is small and what is large? This is as Rebbi Ze‘ira said, from any fish less than a litra which I eat, I am tasting sardines. Here, it is the same.

MISHNAH: If somebody vows not to eat meat, he is permitted clear bouillon and coagulated fibers, but Rebbi Jehudah forbids. Rebbi Jehudah said, it happened that Rebbi Ṭarphon forbade to me eggs that were cooked in it. They said to him, that is correct; when? If he would say, that piece of meat [is forbidden] to me. In truth, if somebody forbids himself something by a vow and it became mixed with something else, if it can be tasted it is forbidden If somebody vows not to drink wine he is permitted a dish prepared with wine. If he said, a qônām that I shall not taste this wine, if it fell into a dish and it can be tasted, that is forbidden.

MISHNAH: If somebody vows not to eat grapes, he is permitted wine; not to eat olives, he is permitted oil. If he said, a qônām that I shall not taste these olives or grapes, he is forbidden them and anything coming from them.

HALAKHAH: “If somebody vows not to eat grapes,” etc. It was stated: Rebbi Simeon ben Eleazar said, a qônām for anything which usually is eaten and of which some derivative is eaten; if he forbade the thing to himself by a vow, the derivative is permitted. What is an example? E. g., grapes and olives. And anything which usually is eaten but no derivative of which is eaten; if he forbade the thing to himself by a vow, the derivative is permitted. What is an example? E. g., mulberries. And anything which usually is not eaten and but a derivative is eaten; if he forbade the thing to himself by a vow, he intended the derivative. What is an example? E. g., garden seeds that are not eaten.

It was stated: “One does not intercalate for a year because of impurity; Rebbi Jehudah says, one does, since we find that Hezekia intercalated because of impurity, as it was said: ‘For most of the people, etc.’ Rebbi Simeon said, even though they intercalated in Nisan, only Adar was intercalated. Rebbi Simeon ben Jehudah said in the name of Rebbi Simeon, Hezekia forced the multitude to celebrate the Second Passover.” Some Tannaïm state: One intercalates for the year because of impurity. Some Tannaïm state: One does not intercalate. He who says, one does not intercalate, from the following: “For they ate the pesaḥ not as it was written.” How does the one who says one does intercalate, explain “for they ate the pesaḥ”? They intercalated in Nisan but only Adar was intercalated. This follows what Rebbi Simon bar Zavdi said, they found the skull of Oman the Jebusite under the altar.

It was stated: “One does not intercalate for a year because of impurity; Rebbi Jehudah says, one does, since we find that Hezekia intercalated because of impurity, as it was said: ‘For most of the people, etc.’ Rebbi Simeon said, even though they intercalated in Nisan, only Adar was intercalated. Rebbi Simeon ben Jehudah said in the name of Rebbi Simeon, Hezekia forced the multitude to celebrate the Second Passover.” Some Tannaïm state: One intercalates for the year because of impurity. Some Tannaïm state: One does not intercalate. He who says, one does not intercalate, from the following: “For they ate the pesaḥ not as it was written.” How does the one who says one does intercalate, explain “for they ate the pesaḥ”? They intercalated in Nisan but only Adar was intercalated. This follows what Rebbi Simon bar Zavdi said, they found the skull of Oman the Jebusite under the altar.

MISHNAH: ‘That I shall not taste wheat or wheats: he is forbidden both flour and bread. ‘That I shall not taste groat or groats: he is forbidden both raw and cooked. Rebbi Jehudah says, ‘a qônām that I shall not taste groat or wheat’, he is permitted to chew them raw.

HALAKHAH: ‘That I shall not taste groat or groats, etc. It was stated: “Rebbi Jehudah says, ‘a qônām that I shall not taste a groat kernel,’ he is forbidden to chew and permitted soup. ‘That I shall not taste groats,’ he is forbidden soup and permitted to chew. ‘That I shall not taste a wheat kernel,’ he is forbidden to chew and permitted bread. ‘That I shall not taste wheats,’ he is forbidden bread and permitted to chew.

MISHNAH: One who made a vow to abstain from garments is permitted sack-cloth, carpets, and goat’s hair cloth. If he said, a qônām that wool shall not come onto me, he is permitted to cover himself with shorn wool; that linen should not come upon me, he is permitted to cover himself with linen fibers. Rebbi Jehudah says, everything refers to the vow. If he was carrying and sweating and smelling badly, when he said, a qônām that no wool or flax should be on me, he is permitted to wear but forbidden to carry on his back.

MISHNAH: One who made a vow to abstain from garments is permitted sack-cloth, carpets, and goat’s hair cloth. If he said, a qônām that wool shall not come onto me, he is permitted to cover himself with shorn wool; that linen should not come upon me, he is permitted to cover himself with linen fibers. Rebbi Jehudah says, everything refers to the vow. If he was carrying and sweating and smelling badly, when he said, a qônām that no wool or flax should be on me, he is permitted to wear but forbidden to carry on his back.

HALAKHAH: “One who made a vow to abstain from garments,” etc. One who made a vow to abstain from clothing is permitted sack-cloth, carpet, and goat’s hair cloth, leather apron, and bandages. He is forbidden fascia and belt. One who vows to abstain from clothing is forbidden all kinds of clothing but permitted these. Rebbi Jeremiah said, Rebbi Ze‘ira asked: If one said, a qônām, that I shall not wear a garment, that I shall not cover myself with clothing? Rebbi Simeon ben Eleazar said, if he said, a qônām for anything that is generally used to cover oneself and a derivative of it is generally used to cover oneself; generally he is permitted the derivative; if he made a vow to abstain from the derivative he is permitted the material itself. What is an example? For example, sheepskin. For anything that is generally used to cover oneself but no derivative of it is generally used to cover oneself; if he vowed about it, he is permitted the derivative; if he made a vow to abstain from the derivative he is forbidden the material itself. What is an example? For example, goatskin. And anything that is generally not used to cover oneself but a derivative of it is generally used to cover oneself; if he vowed about it, he intended only the derivative. What is an example? Rebbi Yose ben Rebbi Abun said, for example raw cotton.

HALAKHAH: “One who made a vow to abstain from garments,” etc. One who made a vow to abstain from clothing is permitted sack-cloth, carpet, and goat’s hair cloth, leather apron, and bandages. He is forbidden fascia and belt. One who vows to abstain from clothing is forbidden all kinds of clothing but permitted these. Rebbi Jeremiah said, Rebbi Ze‘ira asked: If one said, a qônām, that I shall not wear a garment, that I shall not cover myself with clothing? Rebbi Simeon ben Eleazar said, if he said, a qônām for anything that is generally used to cover oneself and a derivative of it is generally used to cover oneself; generally he is permitted the derivative; if he made a vow to abstain from the derivative he is permitted the material itself. What is an example? For example, sheepskin. For anything that is generally used to cover oneself but no derivative of it is generally used to cover oneself; if he vowed about it, he is permitted the derivative; if he made a vow to abstain from the derivative he is forbidden the material itself. What is an example? For example, goatskin. And anything that is generally not used to cover oneself but a derivative of it is generally used to cover oneself; if he vowed about it, he intended only the derivative. What is an example? Rebbi Yose ben Rebbi Abun said, for example raw cotton.

So is the Mishnah: If he was carrying and sweating; when he said, a qônām that no wool or flax should be on me, he is forbidden to wear them but permitted to carry them on his back.

MISHNAH: ‘These fruits shall be qônām for me, a qônām they shall be for my mouth’, he is forbidden what is exchanged for them or what grows from them. ‘That I shall not eat, that I shall not taste,’ he is permitted what is exchanged for them, or what grows from them if the seed disappears. But if the seed does not disappear, even second generation growth is forbidden.

MISHNAH: ‘These fruits shall be qônām for me, a qônām they shall be for my mouth’, he is forbidden what is exchanged for them or what grows from them. ‘That I shall not eat, that I shall not taste,’ he is permitted what is exchanged for them, or what grows from them if the seed disappears. But if the seed does not disappear, even second generation growth is forbidden.

HALAKHAH: ‘These fruits shall be qônām for me,’ etc. How far? It comes, as Rebbi Jacob bar Idi said in the name of Rebbi Joḥanan: It is forbidden for three harvests, but the fourth is permitted. Here, it is the same.

MISHNAH: If one says to his wife, a qônām shall be anything you work for, a qônām shall it be for my mouth, a qônām shall it be to my mouth; he is forbidden what is exchanged for it or what grows from it. ‘That I shall not eat, that I shall not taste,’ he is permitted what is exchanged for them, or what grows from them if the seed disappears. But if the seed does not disappear, even second generation growth is forbidden. ‘What you prepare I would eat until Passover, what you make I would wear until Passover,’ if she made before Passover, he may eat or wear after Passover.

MISHNAH: If one says to his wife, a qônām shall be anything you work for, a qônām shall it be for my mouth, a qônām shall it be to my mouth; he is forbidden what is exchanged for it or what grows from it. ‘That I shall not eat, that I shall not taste,’ he is permitted what is exchanged for them, or what grows from them if the seed disappears. But if the seed does not disappear, even second generation growth is forbidden. ‘What you prepare I would eat until Passover, what you make I would wear until Passover,’ if she made before Passover, he may eat or wear after Passover.

MISHNAH: If one says to his wife, a qônām shall be anything you work for, a qônām shall it be for my mouth, a qônām shall it be to my mouth; he is forbidden what is exchanged for it or what grows from it. ‘That I shall not eat, that I shall not taste,’ he is permitted what is exchanged for them, or what grows from them if the seed disappears. But if the seed does not disappear, even second generation growth is forbidden. ‘What you prepare I would eat until Passover, what you make I would wear until Passover,’ if she made before Passover, he may eat or wear after Passover.

MISHNAH: ‘A qônām that I shall not taste wine today,’ he is forbidden only until nightfall. ‘This week’, he is forbidden the entire week; the Sabbath belongs to the past. ‘This month’, he is forbidden the entire month; the day of the New Moon belongs to the future. ‘This year’, he is forbidden the entire year; New Year’s Day belongs to the future. ‘This Sabbatical period’, he is forbidden the entire Sabbatical period; the Sabbatical year belongs to the past. But if he said, one day, one week, one month, one year, he is forbidden from day.

HALAKHAH: “ ‘A qônām that I shall not taste wine today,’ ” etc. This implies that he is permitted at nightfall. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, in matters of vows one follows common usage? It is not usual that a man should say to another in the evening, I did not eat until evening. Would he say, yesterday? Refer to the following and it does disagree: It is not usual that a man should say to another in the morning, I did not eat in the evening. Would he say, the same day? Does the following not disagree? This day from this week, or this week from this day? What is the difference between “this day” and “today”? That is, following the opinion that in matters of vows one follows common usage. But here, one follows the opinion that in matters of vows one follows biblical usage. Rebbi Jonah from Bostra said, it is the way of people to say to another, bear with me this day.

HALAKHAH: If one fixed the time for his son’s wedding and said, a qônām that I shall not taste wine until the wedding, is that as if the time was fixed? Or, since he could move the time to a later date, is it as if the time was not fixed?

“A qônām wine,” etc. Rebbi Meїr follows his opinion and Rebbi Jehudah follows his opinion, as we have stated there: “Until when does one pray for rain? Rebbi Jehudah says, until after Passover; Rebbi Meїr says until the end of the Month of Nisan.”

MISHNAH: ‘A qônām that I shall not taste wine this year’, if the year became intercalary he is forbidden it and its intercalary month. ‘Until the start of Adar’, until the first of First Adar; ‘until the end of Adar’, until the end of First Adar.

MISHNAH: Rebbi Jehudah says, if one said ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine. If one said, “a qônām that I shall not taste meat until the fast,’ he is forbidden only until the evening before the fast since he intended only until the time everybody eats meat. His son Rebbi Yose said, if one said ‘a qônām that I shall not taste garlic until the Sabbath,’ he is forbidden only until Friday evening, since he intended only until the time everybody eats garlic. If one says to his friend: A qônām that I shall not have any usufruct from you if you do not come and take for your children a kor of wheat and two amphoras of wine, he can undo his vow without referring to a Sage by saying, you did that only to honor me, that is my honor. Similarly, if one says to his friend: A qônām that you shall not have any usufruct from me if you do not come and give to my child a kor of wheat and two amphoras of wine. Rebbi Meïr says, he is forbidden until he gives, but the Sages say, this one also can undo his vow without referring to a Sage by saying, it is as if I received it.

MISHNAH: Rebbi Jehudah says, if one said ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine. If one said, “a qônām that I shall not taste meat until the fast,’ he is forbidden only until the evening before the fast since he intended only until the time everybody eats meat. His son Rebbi Yose said, if one said ‘a qônām that I shall not taste garlic until the Sabbath,’ he is forbidden only until Friday evening, since he intended only until the time everybody eats garlic. If one says to his friend: A qônām that I shall not have any usufruct from you if you do not come and take for your children a kor of wheat and two amphoras of wine, he can undo his vow without referring to a Sage by saying, you did that only to honor me, that is my honor. Similarly, if one says to his friend: A qônām that you shall not have any usufruct from me if you do not come and give to my child a kor of wheat and two amphoras of wine. Rebbi Meïr says, he is forbidden until he gives, but the Sages say, this one also can undo his vow without referring to a Sage by saying, it is as if I received it.

MISHNAH: Rebbi Jehudah says, if one said ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine. If one said, “a qônām that I shall not taste meat until the fast,’ he is forbidden only until the evening before the fast since he intended only until the time everybody eats meat. His son Rebbi Yose said, if one said ‘a qônām that I shall not taste garlic until the Sabbath,’ he is forbidden only until Friday evening, since he intended only until the time everybody eats garlic. If one says to his friend: A qônām that I shall not have any usufruct from you if you do not come and take for your children a kor of wheat and two amphoras of wine, he can undo his vow without referring to a Sage by saying, you did that only to honor me, that is my honor. Similarly, if one says to his friend: A qônām that you shall not have any usufruct from me if you do not come and give to my child a kor of wheat and two amphoras of wine. Rebbi Meïr says, he is forbidden until he gives, but the Sages say, this one also can undo his vow without referring to a Sage by saying, it is as if I received it.

MISHNAH: Rebbi Jehudah says, if one said ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine. If one said, “a qônām that I shall not taste meat until the fast,’ he is forbidden only until the evening before the fast since he intended only until the time everybody eats meat. His son Rebbi Yose said, if one said ‘a qônām that I shall not taste garlic until the Sabbath,’ he is forbidden only until Friday evening, since he intended only until the time everybody eats garlic. If one says to his friend: A qônām that I shall not have any usufruct from you if you do not come and take for your children a kor of wheat and two amphoras of wine, he can undo his vow without referring to a Sage by saying, you did that only to honor me, that is my honor. Similarly, if one says to his friend: A qônām that you shall not have any usufruct from me if you do not come and give to my child a kor of wheat and two amphoras of wine. Rebbi Meïr says, he is forbidden until he gives, but the Sages say, this one also can undo his vow without referring to a Sage by saying, it is as if I received it.

MISHNAH: Rebbi Jehudah says, if one said ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine. If one said, “a qônām that I shall not taste meat until the fast,’ he is forbidden only until the evening before the fast since he intended only until the time everybody eats meat. His son Rebbi Yose said, if one said ‘a qônām that I shall not taste garlic until the Sabbath,’ he is forbidden only until Friday evening, since he intended only until the time everybody eats garlic. If one says to his friend: A qônām that I shall not have any usufruct from you if you do not come and take for your children a kor of wheat and two amphoras of wine, he can undo his vow without referring to a Sage by saying, you did that only to honor me, that is my honor. Similarly, if one says to his friend: A qônām that you shall not have any usufruct from me if you do not come and give to my child a kor of wheat and two amphoras of wine. Rebbi Meïr says, he is forbidden until he gives, but the Sages say, this one also can undo his vow without referring to a Sage by saying, it is as if I received it.

MISHNAH: If they were importuning him to marry his sister’s daughter and he said, a qônām if she ever has any usufruct from me, and similarly, a man who was about to divorce his wife and said, a qônām if my wife ever has any usufruct from me, they may have usufruct from him since he intended only about matters of marriage.

MISHNAH: If they were importuning him to marry his sister’s daughter and he said, a qônām if she ever has any usufruct from me, and similarly, a man who was about to divorce his wife and said, a qônām if my wife ever has any usufruct from me, they may have usufruct from him since he intended only about matters of marriage.

MISHNAH: If somebody was importuning his neighbor that he should eat at his place and that one said, a qônām that I shall not enter your house nor taste a drop of cold water from you, he is permitted to enter his house and to drink cold water there since he intended only about eating and drinking.

MISHNAH: In addition, Rebbi Eliezer said, one finds an opening in changed circumstances, but the Sages forbid it. How is this? If he said, a qônām that I shall not benefit from Mr. X, who then becomes a public scribe or who marries off his son to one of [the vower’s] relatives, and he said, if I had known that he will become a public scribe or marry off his son to a relative, I would not have vowed; or if he said, a qônām that I shall not enter this house and it was turned into a synagogue and he said, if I had known that it would become a synagogue, I would not have vowed; Rebbi Eliezer permits but the Sages prohibit.

MISHNAH: In addition, Rebbi Eliezer said, one finds an opening in changed circumstances, but the Sages forbid it. How is this? If he said, a qônām that I shall not benefit from Mr. X, who then becomes a public scribe or who marries off his son to one of [the vower’s] relatives, and he said, if I had known that he will become a public scribe or marry off his son to a relative, I would not have vowed; or if he said, a qônām that I shall not enter this house and it was turned into a synagogue and he said, if I had known that it would become a synagogue, I would not have vowed; Rebbi Eliezer permits but the Sages prohibit.

(As) we have stated there: “One sells a synagogue only conditionally”. So far if it was built as a synagogue. How is the situation if the building was first built for profane use and then dedicated? Let us hear from the following: “A qônām that I shall not enter this house and it was turned into a synagogue.” That implies that if it was built as a courtyard and afterwards was dedicated that it becomes holy. How? When does it become holy, immediately or when it is used? Let us hear from the following: “If somebody makes a chest for a Torah scroll, or wrappings for a Torah scroll, before they were used for a Torah scroll they may be used for private use; after they were used for a Torah scroll they may not be used for private use.” Since these were made for holy use but became holy only when used, that which was built as a courtyard not so much more? What is the status of those if they were made for profane use and then dedicated? They become holy.

MISHNAH: Rebbi Meïr says, there are things like changed circumstances which are not really changed circumstances, and the Sagesagree with him. How is this? He said, a qônām that I shall not marry this woman for her father is evil, and they told him that he died or that he repented; a qônām that I shall not enter this house because it has a bad dog inside, or a snake; they said to him the dog died, the snake was killed; these there are things like changed circumstances which are not changed circumstances, and the Sages agree with him.

MISHNAH: Rebbi Meïr says, there are things like changed circumstances which are not really changed circumstances, and the Sagesagree with him. How is this? He said, a qônām that I shall not marry this woman for her father is evil, and they told him that he died or that he repented; a qônām that I shall not enter this house because it has a bad dog inside, or a snake; they said to him the dog died, the snake was killed; these there are things like changed circumstances which are not changed circumstances, and the Sages agree with him.

HALAKHAH: “Rebbi Meïr says, there are things like changed circumstances”. Samuel says, because of an erroneous vow; the dog was already dead, the snake had already been killed. Rebbi Hila in the name of Rebbi Eleazar, because he is like someone who makes his vow dependent on something: A qônām that I shall have no benefit from this man as long as he wears black garments. If he wore white, he would be permitted to him. Rebbi Ze‘ira in the name of Rebbi Joḥanan: That one does not need the permission of a Sage.

MISHNAH: One opens about festive days and Sabbaths. In earlier times, they said that these days are permitted but the rest forbidden, until Rebbi Aqiba came and taught that a vow which was partially voided is totally voided. How is this? ‘A qônām that I shall not benefit any one of you,’ if one was permitted, all are permitted. ‘That I shall not benefit this one and this one and this one,’ if the first one becomes permitted, all are permitted; if the last one becomes permitted, he is permitted and the others are prohibited. ‘That I shall not benefit, a qorbān for this one, a qorbān for that one’; each single one needs a separate opening. ‘A qônām that I shall not taste wine, for wine is bad for the intestines.’ If they told him, but old [wine] is good for the intestines, old [wine] was permitted; not only old wine is permitted but all wines. ‘A qônām that I shall not taste onion, for onion is bad for the heart.’ If they told him, but the rural kind is good for the heart, rural [onion] was permitted; not only rural is permitted but all onions. It happened that Rebbi Meїr permitted all onions to him.

MISHNAH: One opens about festive days and Sabbaths. In earlier times, they said that these days are permitted but the rest forbidden, until Rebbi Aqiba came and taught that a vow which was partially voided is totally voided. How is this? ‘A qônām that I shall not benefit any one of you,’ if one was permitted, all are permitted. ‘That I shall not benefit this one and this one and this one,’ if the first one becomes permitted, all are permitted; if the last one becomes permitted, he is permitted and the others are prohibited. ‘That I shall not benefit, a qorbān for this one, a qorbān for that one’; each single one needs a separate opening. ‘A qônām that I shall not taste wine, for wine is bad for the intestines.’ If they told him, but old [wine] is good for the intestines, old [wine] was permitted; not only old wine is permitted but all wines. ‘A qônām that I shall not taste onion, for onion is bad for the heart.’ If they told him, but the rural kind is good for the heart, rural [onion] was permitted; not only rural is permitted but all onions. It happened that Rebbi Meїr permitted all onions to him.