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Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 21

1) VOWS THAT ARE NOT BINDING

(a) (Gemara - Mishnah): Chachamim declared that 4 vows are not binding ...
(b) Question: Who is the Tana of our Mishnah?
(c) Answer #1 (R. Aba Bar Mamal): R. Yehudah, citing R. Tarfon.
1. (Mishnah - R. Tarfon): None of them is a Nazir, for Nezirus requires Hafla'ah (a definite acceptance).
(d) Answer #2 (Rava): Our Mishnah can even be as Chachamim - the Mishnah does not say that they (later) agreed upon 3, rather, they both want (at the time the vowed) 3.
(e) Question (Ravina): If the seller demanded more than a Selah, and the buyer offered less than a Shekel (and they vowed not to compromise) - are these binding vows, or are these also vows of persuasion?
(f) Answer (Rav Ashi - Mishnah): Reuven was refusing to eat by Shimon. Reuven vowed not to enter Shimon's house, and not to drink even a drop of cold drink.
1. Reuven may enter the house and drink cold drink - he only intended to forbid eating and drinking.
2. Rhetorical question: But he said, a drop of cold drink!
3. Answer: Rather, this is how people speak (i.e. they say more than they intend to forbid).
i. Also by the buyer and seller, their vows are exaggerations of their intentions.
21b---------------------------------------21b

(g) Question (Ravina): That case is different!
1. It is known that Tzadikim make small offers and do much more (therefore, if Reuven agrees to drink a drop, Shimon will serve him a full meal).
2. Here, we have a doubt - perhaps each really intends to compromise on the price, and the vows are of persuasion;
3. Or, perhaps each is adamant not to budge, and the vows are real vows!
i. This question is unresolved.
2) PERMITTING THE 4 VOWS
(a) Version #1 (Rav Yehudah citing Rav): One who took one of the 4 vows must ask a Chacham for annulment.
(b) Objection (Shmuel): The Mishnah says that Chachamim permitted them - how can you say that one must ask a Chacham!
(c) Version #2 (Rav Yehudah citing Rav Asi): A Chacham may only permit a vow akin to one of the 4 vows.
1. He holds, a vow cannot be annulled through (mere) regret (rather, one must find grounds to consider the vow as a mistake).
(d) A man that had vowed came to Rav Huna to annul the vow.
1. Rav Huna: Do you still desire the vow?
2. The man: No.
i. Rav Huna permitted the vow.
(e) A man that had vowed came to Rabah Bar Rav Huna to annul the vow.
1. Rabah Bar Rav Huna: If 10 people had appeased you at the time of the vow, would you have vowed?
2. The man: No.
i. Rabah Bar Rav Huna permitted the vow.
(f) (Beraisa - R. Yehudah): One who seeks annulment of a vow - we ask if he still desires the vow; if he says 'No', we permit the vow;
1. R. Yishmael b'Rebbi Yosi says (citing his father), we ask him - if 10 people had appeased you at the time of the vow, would you have vowed?
2. If he says no, we permit the vow.
(g) A man came before Rav Asi to annul a vow.
1. Rav Asi: Do you regret the vow from the beginning?
2. The man (incredulously): No?! (Of course I do!) i. Rav Asi permitted the vow.
(h) A man came before R. Elazar to annul a vow.
1. R. Elazar: Are you still happy with the vow?
2. The man: Had they not angered me, I never would have vowed (and I regret that I did).
3. R. Elazar: It should be as you want (the vow is permitted).
(i) A woman had vowed that her daughter should not benefit from her.
1. R. Yochanan: Had you known that neighbors will say, you must have seen licentiousness in your daughter to make such a vow - would you have vowed?
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