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1) FALSE VOWS

(a) (Mishnah): Beis Shamai say, one may falsely vow, but not swear; Beis Hillel say, one may even swear;
(b) Beis Shamai say, one may only vow if requested; Beis Hillel say, one may himself offer to vow;
(c) Beis Shamai say, one may only vow as requested; Beis Hillel say, one may increase on the vow.

1. The robber asked Reuven to vow, 'If I am lying, my wife should be forbidden to benefit from me'; Reuven vowed 'If I am lying, my wife and children should be forbidden'.
2. Beis Shamai say, his wife is permitted, his children are forbidden; Beis Hillel say, both are permitted.

(d) (Gemara) Question: But Shmuel said, the laws of the country must be followed!
(e) Answer #1 (Rav Chinena citing Shmuel): The tax collector in the Mishnah takes as much as he wants.
(f) Answer #2 (d'Vei R. Yanai): The tax collector was self-appointed (i.e. not by the king).
(g) (Mishnah): One may falsely vow that the property belongs to the king.
(h) Question: What vow does he say?
(i) Answer (Rav Amram): '(All) fruits should be forbidden to me if this is not the king's'.
(j) Question: If so, they indeed become forbidden to him!
(k) Answer: He says, '(All) fruits should be forbidden to me today if this is not the king's'.
(l) Objection: The tax collector will not accept such a vow!
(m) Answer: He only says 'today' in his heart, not with his lips.

1. Even though unspoken conditions are ignored, in the case of Ones they are valid.

(n) (Mishnah): Beis Shamai say, one may vow (but not swear)... only as requested; Beis Hillel say, one may increase on the vow;

1. He asked Reuven to vow, 'If I am lying, my wife should be forbidden to benefit from me'; Reuven vowed 'If I am lying, my wife and children should be forbidden'.
2. Beis Shamai say, his wife is permitted, his children are forbidden; Beis Hillel say, both are permitted.

(o) (Beraisa): Beis Shamai say, one may not open to him with an oath (i.e. without being asked); Beis Hillel say, he may open.
(p) Question #1: We infer, Beis Shamai do not allow offering to swear - but one may offer to vow!

1. In the Mishnah, Beis Shamai forbid this!

(q) Question #2: We infer, Beis Shamai do not allow offering to swear - but one may swear if requested!

1. In the Mishnah, Beis Shamai forbid this!

(r) Answer #1 (To both questions): The Tana of the Mishnah taught the argument by (offering to) vow, to show how stringent Beis Shamai are; the Tana of the Beraisa taught the argument by (offering to) swear, to show how lenient Beis Hillel are.
(s) Answer #2 (Rav Ashi): (The Beraisa has nothing to do with swearing to tax collectors;) Beis Shamai say, we do not open (annul) oaths; Beis Hillel say, we do.

(a) (Mishnah): These saplings should be Hekdesh if they are not uprooted; this Talis should be Hekdesh if it is not burned - they may be redeemed;
(b) These saplings should be Hekdesh until they are uprooted; this Talis should be Hekdesh until it is burned - they may not be redeemed.

(c) (Gemara) Question: The Mishnah should say directly, they are Hekdesh (and not that they may be redeemed)!
(d) Answer: Since the end of the Mishnah must teach, 'They may not be redeemed', the beginning of the Mishnah said 'They may be redeemed'.
(e) Question: What was his vow?
(f) Answer (Ameimar): 'If they are not uprooted today', and they were not uprooted that day.
(g) Objection: This is obvious!
(h) Answer: The case is, there was a strong wind (and they were standing to be uprooted).
(i) Objection: But in the case of the Talis - is it really standing to be burned?!
(j) Answer: Yes! The case is, there is a fire.

1. One might have thought, he is only vowing because he thinks they will not be saved.
2. We hear, this is not so - he wants to make them Hekdesh if they are saved.

(k) (Mishnah): These saplings are Hekdesh ...
(l) Question: Are they always Hekdesh (why can't they be redeemed)?!
(m) Answer #1 (Bar Pada): The Mishnah teaches, no matter how many times they are redeemed before they are uprooted they become Hekdesh again;

1. Once uprooted, if they are redeemed, they become Chulin.

(n) Answer #2 (Ula): Once they are cut, there is no need to redeem them (they are automatically Chulin).