Babylonian Talmud: Tractate Nedarim

Folio 27a

Which Tanna is the authority for the following dictum of the Rabbis? If one vowed simultaneously not to benefit from five men, if he is absolved in respect of one of them, he is absolved in respect of all; but [if he stated,] 'Except one of them,' that one is permitted, but the others are forbidden [to him]. According to Rabbah, the first clause agrees with R. Akiba [only], and the second clause with all.³  According to Raba, the second clause agrees with the Rabbis [only], and the first clause with all.

MISHNAH. VOWS [BROKEN] UNDER PRESSURE: IF ONE SUBJECTED HIS NEIGHBOUR TO A VOW, TO DINE WITH HIM,⁴  AND THEN HE OR HIS SON FELL SICK, OR A RIVER PREVENTED HIM [FROM COMING TO HIM] — SUCH IS A VOW [BROKEN] UNDER PRESSURE.

GEMARA. A man once deposited his rights⁵  at Beth din, and declared: 'If I do not appear within thirty days, these rights shall be void.' Subsequently he was unavoidably prevented from appearing. Thereupon R. Huna ruled: His rights are void. But Rabbah said to him, He was unavoidably prevented, and the Divine Law exempts such, for it is written, But unto the damsel shalt thou do nothing.⁶  And should you answer, the death penalty is different,⁷  but we learnt: VOWS [BROKEN] UNDER PRESSURE; IF ONE SUBJECTED HIS NEIGHBOUR TO A VOW TO DINE WITH HIM, AND THEN HE OR HIS SON FELL SICK, OR A RIVER PREVENTED HIM [FROM COMING TO HIM] — SUCH IS A VOW [BROKEN] UNDER PRESSURE!⁸

Now, according to Rabbah, wherein does this differ from what We learnt: [If one said to his wife,] 'Behold! this is thy divorce, [to be effective] from now, if I do not come back within twelve months', and he died within the twelve months, the divorce is valid?⁹  Yet why so? was he not forcibly prevented! — I will tell you. There it may be different,

1. A species of white figs.
2. This contradicts Raba's view that in such a case there is no dispute.
3. In the first clause it is assumed that his partially revoking statement was, 'Had I known that X was in the group, I would have said, "A, B, C, etc. be forbidden, but X be permitted".' This assumption is based on the contrast with the second clause, where one was excluded, from which it is assumed that his revoking statement was, 'Had I known … I would have declared, "All of you be forbidden etc."'
4. Saying, 'You are forbidden to benefit from me if you do not eat with me'.
5. A document embodying his rights (Tosaf.).
6. Deut. XXII, 26. This refers to a betrothed maiden who was violated against her will; but if she was a consenting party, she was punished with death.
7. Because of its gravity.
8. Proving that such exemption holds good in all cases.
9. And if she is childless she is free from Levirate marriage or the ceremony of loosening the 'shoe (v. Deut XXV, 5. seq.), because she is not the deceased's widow.

Now according to R. Huna, let us see; It is an asmakta,⁴  and an asmakta gives no title?⁵  — Here it is different, because he had deposited his rights.⁶  And where they are deposited, is it not an asmakta? But we learnt: If one repaid a portion of his debt, and then placed the bond in the hands of a third party, and declared, 'If I do not repay [the balance] within thirty days, return the bill to the creditor,'⁷  and the time came and he did not repay, R. Jose maintained: He [the third party] must surrender the bond to the [creditor]; R. Judah maintained: He must not surrender it. And R. Nahman said in the name of Rabbah b. Abbahu in Rab's name: The halachah is not as R. Jose, who ruled that an asmakta gives a legal claim.⁸  — Here it is different, because he had declared, 'These rights shall be void.'⁹  Now the law is: an asmakta does give a legal claim, providing that no unavoidable accident supervened and that a formal acquisition was made¹⁰  at an authoritative Beth din.¹¹

MISHNAH. ONE MAY VOW TO MURDERERS,¹²  ROBBERS,¹³  AND PUBLICANS THAT IT [THE PRODUCE WHICH THEY DEMAND] IS TERUMAH, EVEN IF IT IS NOT,¹⁴  OR THAT IT BELONGS TO THE ROYAL HOUSE, EVEN IF IT DOES NOT. BETH SHAMMAI MAINTAIN: ONE MAY MAKE ANY FORM OF VOW,

1. So that the result would be the same.
2. Because he had stipulated to come at a particular time.
3. But the Mishnah refers to a river abnormally swollen by the rains and inciting snow.
4. V. Glos.
5. I.e., gives the claimant no rights, because it is presumed that such a promise was not meant seriously, but made only in order to give the transaction the character of good faith and solemnity.
6. Not merely promised them.
7. Who will thus be able to demand the full sum.
8. V. B.B. (Sonc. ed.) p. 734.
9. This is a stronger declaration than e.g., 'I will not claim my rights'; hence it is valid.
10. The conceding party formally ceded his rights. This was symbolically effected by one giving an article, e.g., a scarf, to the other.
11. Rash and Maim.: an ordained Beth din; Ran: a Beth din with the power to enforce its decisions.
12. I.e., robbers who kill if their demands are not granted.
13. Rashi, Ran, Rosh and Tosaf. all interpret this as private robbers. Jast.: official oppressors. These are less desperate than murderers, and do not kill if their demands are refused.
14. This vow is to save it from their hands, as terumah is forbidden to a zar, q.v. Glos. — It is remarkable that even murderers and robbers are assumed to respect the prohibition of terumah!