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Week 71 - Friday - 6 April 2001

NEDARIM: CHAPTER 8: MISHNAH 5

“Until the rains," "until there will be the rains" - until the second reviyah will fall. Rabban Shimon ben Gamliel says, Until the time of the reviyah will arrive. "Until the rains will cease" - until all of Nissan is over; the words of Rabbi Meir. Rabbi Yehudah says, Until Passover will be over. "Konam wine that I do not taste this year," if the year was declared a leap year - he is prohibited in it and in its leap month; "until the beginning of Adar" - until the beginning of Adar I; "until the end of Adar" - until the end of Adar I. Rabbi Yehudah says, "Konam wine that I do not taste until it will be Passover," is prohibited only until Passover eve, because he intended only until the time that people normally drink wine.

Kehati

This mishnah is a continuation of the previous mishnah. The first section of this mishnah discusses the case of one who takes a vow "until the rains," i.e., until the first rains at the beginning of the winter season, which are called gishmei (the rains of) ha-yoreh, begin to fall. We have already learned in Tractate Ta'anit that gishmei ha-yoreh which fall in Eretz Israel are divided into three rain periods, each one of which is called a reviyah (from the words revitzah, lying, and hafra'ah, fertilization, since the rains lie on the fields and fertilize them), as follows: reviyah bekhirah (first), reviyah beynonit (middle), reviyah afeylah (late). A baraita in the Gemara teaches: "What is the time of the reviyah? The bekhirah - on the third (day of the month of Heshvan); the beynonit - on the seventh; the afeylah - on the twenty-third; the words of Rabbi Meir. Rabbi Yehudah says, On the seventh, on the seventeenth, on the twenty-third. Rabbi Yose says, On the seventeenth, on the twenty-third, and on the month of (i.e., Rosh Hodesh) Kislev."

If one says, "Konam this thing that I taste - Until the rains," or if he says, "Konam this thing that I taste - until there will be the rains" - he is prohibited - until the - rains of the - second reviyah - season, the beynonit, will fall - for the main gishmei ha-yoreh fall during this period. It was already explained (in the introduction to this mishnah), that the Tannaim disagree concerning the second reviyah season, whether it falls on the seventh day of Heshvan, or the seventeenth, or the twenty-third day of the month. Rambam rules that it is on the twenty-third day of Heshvan (Hil. Nedarim 10:11), in accordance with Rabbi Yose.

Rabban Shimon ben Gamliel says, Until the time of the - season of the second - reviyah will arrive - even if rains did not fall within it, for Rabban Shimon ben Gamliel holds that one who says "until the rains," and even one who says "until there will be rains," does not mean until the rains will actually fall, since the time of their falling is not set, but rather until the time for the rains arrives.

If one says, "Konam this thing that I taste - Until the rains will cease" - is prohibited - until all of Nissan is over - until the end of the month of Nissan; the words of Rabbi Meir - who holds that Nissan is still the rainy season. Rabbi Yehudah says, He is prohibited only - Until the Festival of - Passover will be over - for according to Rabbi Yehudah, the rains fall only as late as the end of Passover.

If one says, "Konam wine that I do not taste this year" - e.g., at the beginning of the year he took a vow not to taste wine during the course of the year (Rabbeinu Nissim), if the year was declared a leap year - the Court added the month of Adar II to the year, he is prohibited - from tasting wine - in it and in its leap month - during the entire year, and also during its additional leap month; if a person says, "Konam wine that I taste - until the beginning of Adar" - and the year was declared a leap year, he is prohibited - until the beginning - Rosh Hodesh, of Adar I; and if one said, "Konam wine that I taste - until the end of Adar" - he is prohibited - until the end of Adar I - the Gemara explains that the mishnah refers to a case in which the person taking the vow did not know that the year would be declared a leap year, and that this ruling is in accordance with all opinions. If, however, he knew that the year is a leap year, then Rabbi Meir is of the opinion that unqualified "Adar" during a leap year is Adar II. According to the version of Rabbeinu Asher and Rambam, our mishnah reads, "'until the end of Adar' - until the end of Adar II," since the two months of Adar I and Adar II are considered to be one month.

Rabbi Yehudah says, "Konam wine that I do not taste until it will be Passover" - the person who took a vow that he will not taste wine until it will be Passover, is prohibited - wine - only until Passover eve - the night of the Passover Seder, because he intended - in his vow, only until the time that people normally drink wine - in order to fulfill the obligation of drinking four cups of wine (during the Seder). Some commentators explain that Rabbi Yehudah disagrees with mishnah 2 in this chapter, where it was taught: "'until it (Passover) will be"' - he is prohibited until it is over," and mishnah 2 is a continuation of mishnah 1, which deals with the person who says, "Konam wine that I taste." Some explain that there is no disagreement between that mishnah and Rabbi Yehudah in our mishnah for that mishnah deals with other items, besides wine, and regarding other things Rabbi Yehudah also agrees that one who says "until it will be Passover" is prohibited until Passover is over, but regarding wine, we assess the intent of the person taking the vow, that even if he said "until it will be Passover," he intended only until Passover eve (Melekhet Shelomo; see Hameiri).

NEDARIM: CHAPTER 8: MISHNAH 6

If one said, "Konam meat that I do not taste until it will be the Fast" - he is prohibited only until the night of the Fast, for he intended only until the time people customarily eat meat. Rabbi Yose his son says, "Konam garlic that I do not taste until it will be Shabbat" - is prohibited only until Friday night, for he intended only until the time that people customarily eat garlic.

Kehati

This mishnah is a continuation of the words of Rabbi Yehudah, which conclude the previous mishnah. In this mishnah Rabbi Yehudah continues to disagree with the rule stated by the Sages (mishnah 3, above) that for anything which has a set time and he said, "until it will be," is prohibited until it ends; and Rabbi Yehudah holds that sometimes even when the person said "until it will be" for a set time he is prohibited only until it arrives, for we interpret the wording of the person taking the vow in accordance with an assessment of his intent. It has been taught (7:3, above) that Rabbi Yehudah says, everything is according to the person taking the vow. Rabbeinu Nissim explains that regarding the law which is taught there, "if a person was laden and he perspired, and his odor was bad, he said, 'Konam if wool and flax come upon me,' he is permitted to cover himself, and he is prohibited from rolling up behind him," the Sages agree with Rabbi Yehudah, for the intent of the person taking the vow is obvious; regarding the law in our mishnah, however, the Sages disagree with Rabbi Yehudah, and hold that the person taking the oath added the wording "until it will be" only in order to add to the duration of his prohibition.

If one said, "Konam meat that I do not taste until it will be the Fast" - of Yom Kippur, he is prohibited only until the night of the Fast - until the se'udah mafseket, the meal eaten in the afternoon before Yom Kippur night, for he - the person taking the vow, intended only until the time that people customarily eat meat - in the afternoon before Yom Kippur night, for it is an obligation to eat more than usual in this meal; the words of Rabbi Yehudah.

Rabbi Yose his - Rabbi Yehudah's, son says, even one who says, "Konam garlic that I do not taste until it will be Shabbat" - is prohibited - garlic - only until Friday night, for he intended only until the time that people customarily eat garlic - for Ezra instituted that people eat garlic on Friday evening, as was explained above (3:10). Rabbi Yose teaches, in accordance with the opinion of Rabbi Yehudah his father, that even regarding eating of garlic, the person taking the vow should be dealt with leniently, and his wording, "until it will be Shabbat," should be interpreted as meaning until the arrival of Shabbat. Ramban explains that it is possible that Rabbi Yehudah does not hold like his son Rabbi Yose, i.e., Rabbi Yehudah said that we follow our assessment of the intent of the person taking the vow and interpret his wording "until it will be" to mean, until it arrives, only in things which contain a Torah obligation, such as of the Four Cups, or the pre-Yom Kippur meal; regarding the ordinance of Ezra, however, it is possible that he does not hold this.

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