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Week 71 - Wednesday - 4 April 2001

NEDARIM: CHAPTER 8: MISHNAH 1

"Konam wine that I taste today," he is prohibited only until it becomes dark; "this week," he is prohibited the entire week, and the Sabbath which passed; "this month," he is prohibited all the month, and Rosh Hodesh in the following; "this year," he is prohibited all the year, and Rosh Hashanah in the following; "this week-of-years," he is prohibited the entire week-of-years, and the Seventh Year which passed. And if he said, "One day," "one week," "one month," "one year," "one week-of-years," he is prohibited from day to day.

Kehati

Most of this chapter discusses vows which contain expressions of time limitation, and teaches the meaning of these expressions in popular usage.

If one says, "Konam wine that I taste today" - he vowed not to taste wine, and determined the time period for his vow by stating, "today"; the mishnah uses wine as an example for any drink or food, he - the person taking the vow, is prohibited - from wine - only until it becomes dark - i.e., until nightfall (rising of the stars - Hameiri); for when people say "today," they mean all the time that there is daylight; if one says, on any weekday "Konam wine that I taste - this week" - he is prohibited the entire week - all the days of the week, from the day that he took his vow, and - the Sabbath day which comes at the end of the week is counted with the week, which passed - and he is prohibited wine in it; another version reads "the past Shabbat"; if one says, "Konam wine that I taste - this month," he is prohibited all the month - from the day he took his vow until the end of the month, and Rosh Hodesh day itself is included in the following month, and he is permitted wine on it. The Gemara explains that even if the current month is full (i.e., 30 days), and the coming Rosh Hodesh is two days, although the first day of the coming Rosh Hodesh is actually on the thirtieth day of the past (i.e., current) month, he is nevertheless permitted wine on it, for vows are interpreted in accordance with popular usage; and since in popular usage it is called "Rosh Hodesh," it is included in the following month; if one says, "Konam wine that I taste - this year," he is prohibited all the year - from the day he took his vow until the end of the year, and Rosh Hashanah - is included in the following year, and he is not prohibited on it; our mishnah used the wording "coming [le-haba]" in reference to the month, and "future [le-atid la-vo]" in reference to the year, since people normally say, "the coming [ha-ba] month" and "the future [le-atid la-vo] year" (Rabbeinu Asher); if one says, during one of the years of the seven-year Sabbatical cycle, "Konam wine that I taste - this week-of-years" - i.e., until the end of the seven years of the Sabbatical year cycle he is prohibited the entire week-of-years - all the years remaining until the Sabbatical year, and - even - the Seventh Year which passed - the Sabbatical year itself, since it is included in the years which have passed, as the seventh and last year of them. Another version reads "the past seventh."

And if he said, "Konam wine that I taste - One day," or - "one week," or – “one month," or - "one year," or - "one week-of-years," he is prohibited - wine, until the completion of the entire period mentioned in his vow, from day to day - for if he said, "one day," he is prohibited from the hour that he took the vow until the next day at the same hour; and if he said, "one week," he is prohibited from the hour that he took the vow until the eighth day afterwards at the same hour; and if he took the vow at noon of the fifteenth day of the month, and he said "one month," he is prohibited until noon of the fifteenth day of the following month, i.e., twenty-nine days in a short month, and thirty days in a full month. Hameiri writes that some explain that even in a short month his vow is effective for thirty times 24 hours (see Rambam, Hil. Nedarim 10:3; see also Shakh on Yore De'ah 202:13). And if he said, "one year," then he is prohibited for a complete year from that day to the corresponding day in the following year, and similarly if he said, "one week-of-years," he is prohibited for seven full years to the day. The Gemara states that if one says, "Konam wine that I taste today," although we learned in our mishnah that he is prohibited only until it becomes dark, he nevertheless must consult a Rabbi, lest he say "one day," and drink after nightfall, because he does not know the difference between "today" and "one day."

NEDARIM: CHAPTER 8: MISHNAH 2

"Until Passover," he is prohibited until it arrives; "until it will be," he is prohibited until it is over. "Until before Passover" - Rabbi Meir says, He is prohibited until it arrives. Rabbi Yose says, He is prohibited until it is over.

Kehati

This mishnah is a continuation of the preceding mishnah, and discusses one who limited his vow until a specific time. This mishnah teaches that the meaning of "until" in popular usage means until and not including; there is a difference, however, between one who says only "until" and one who says "until it will be" or "until before."

If one says, "Konam this thing that I taste - Until Passover," he is prohibited until it - Passover, arrives - but he is permitted on Passover itself, for "until" in popular usage means until, but not including; and if one says, "Konam this thing that I taste - until it will be - Passover," he is prohibited until it - all Passover - is over - i.e., he is prohibited the item which he prohibited himself by vow even during Passover itself, for the implication of the words of the person taking the vow is that his vow will be in effect all the time that it will be Passover.

"Until before Passover" - according to another version, "ad penei haPesah" (Gemara, Kidd. 64b; also the version of Rashi and Rabbeinu Nissim in our tractate), i.e., he said, "Konam this thing that I do not taste ad penei haPesah," Rabbi Meir says, He is prohibited until it - Passover, arrives - and he is permitted on Passover itself, similar to one who says, "until Passover."

Rabbi Yose says, He is prohibited until it - Passover, is over - i.e., he is prohibited also during Passover itself, as one who says, "until it will be Passover." From the conclusion of the Gemara in Kiddushin (65a) it is apparent that Rabbi Meir and Rabbi Yose disagree on the implication of popular usage. Rabbi Meir holds that "until penei Passover" means until before Passover, while Rabbi Yose contends that "until penei Passover" means until Passover passed [panah], i.e., until it is over. The Gemara in our tractate, however, explains that the disagreement between Rabbi Meir and Rabbi Yose concerns the intent of the person taking the vow regarding expressions whose meaning is in doubt, for the meaning of the wording "until penei Passover" is dubious. Although the meaning of the word penei is clear, meaning the same as lifnei, before, nevertheless there is a doubt regarding each day of Passover, that the person taking the vow may be prohibited, since it is considered as "before [penei] the Passover," for what comes after it is Passover, and any time which has Passover after it is considered to be before Passover. This is the reason for the disagreement between Rabbi Meir and Rabbi Yose, for Rabbi Meir holds that "a person does not place himself in doubt", and when he takes a vow he has in mind to prohibit to himself only what is clear in his words, and therefore he is prohibited until it arrives; and Rabbi Yose holds that "a person does place himself in doubt," i.e., the person taking the vow had in mind that the vow would take effect even in a doubtful situation; he therefore is prohibited until the end of Passover, since his words may mean until before the last hour of Passover (Hameiri). According to the conclusion of the Gemara, the statement must be reversed," i.e., Rabbi Yose says, He is prohibited until it arrives, and Rabbi Meir says, Until it is over.

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