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Week 73 - Tuesday - 17 April 2001

NEDARIM: CHAPTER 11: MISHNAH 2

And these are vows of self-denial? If she said, "Konam the produce of the world to me," he may revoke. "The produce of the country to me," he may bring her from another country. "The produce of this shopkeeper to me," he may not revoke. And if he had no source of provision except him - he may revoke; the words of Rabbi Yose.

Kehati

This mishnah is the conclusion of R. Yose's statement. For in the previous mishnah, Rabbi Yose said that if a woman took a vow not to wash or adorn, "These are not vows of self-denial"; this mishnah teaches which are vows of self-denial according to Rabbi Yose.

And these are vows of self-denial? If she said, "Konam the produce of the world to me" - she forbade herself the produce of the entire world, he - the husband, may revoke - her vows, and his revocation is effective both for himself and for others, for vows prohibiting eating are vows of self-denial.

But if she said, "Konam - The produce of the country - this country, to me" - she prohibited herself the produce of a specific country, then the husband may not revoke her vow, for this vow is not one of self-denial, since - he may bring her - produce - from another country - some explain that, this refers to a case in which the bother of bringing produce from another country is no greater than the bother of bringing it from the country which she prohibited by her vow (Rabbeinu Nissim). And similarly, if she said, "Konam - The produce of this shopkeeper to me" - she prohibited herself the produce of a certain shopkeeper, he may not revoke - for the husband can bring her produce from another shopkeeper, and this is not a vow of self-denial. The Gemara says that if her vow causes her husband bother and aggravation, he may revoke it, because it contains a matter of mutual relationship, and in such a case his revocation is effective only for himself.

And if he had no source of provision except him - the husband was accustomed to purchase his food, only from this shopkeeper whom she prohibited to herself by a vow, and he gives him credit, he may revoke - because the husband could not bring her produce from another shopkeeper, who does not give him credit; hence this vow contains self-denial for the wife, and the husband may therefore revoke it; the words of Rabbi Yose - who holds that wherever he can bring her the food which she prohibited herself by a vow, from any other place, which is not included in her vow, it does not constitute self-denial. The Sages, however, disagree with Rabbi Yose, and hold that even the case of the woman who takes a vow and says, "Benefit of so-and-so to me," although she is permitted to derive benefit from that of others, it is included in the vows of self-denial. The Gemara explains that this mishnah concludes, with "the words of Rabbi Yose," in order to teach that all the succeeding mishnayot, although they are unattributed, (i.e., they do not mention the name of the Tanna who taught them), are the words of Rabbi Yose. The law is not in accordance with Rabbi Yose (Rambam, Bartenura).

NEDARIM: CHAPTER 11: MISHNAH 3

"Konam that I do not derive benefit from people," he may not revoke, and she may benefit from leker, and from shikhehah, and from pe'ah. "Konam kohanim and Levites derive benefit from me," they may take against his will. "These kohanim and these Levites derive benefit from me," others may take.

Kehati

This mishnah continues to teach about vows which, according to Rabbi Yose, do not contain self-denial.

If the wife says, "Konam that I do not derive benefit from people" - she took a vow that she would not derive benefit from the property of people, he - the husband, may not revoke - her vow, since this is not a vow of self-denial, for she may derive benefit from that of her husband, for "the husband is not included among 'people"' (Gemara), i.e., when she said "people," the wife did not have in mind her husband, but rather others, and she may benefit from leket, and from shikhehah, and from pe'ah - although she prohibited herself by a vow from deriving benefit from people, she may take leket, shikhehah, and pe'ah, and this is not considered to be deriving benefit from people, for the gifts given to the poor are hefker (ownerless), and do not belong to their owners, as it is written, "And when you reap the harvest of your land, you shall not wholly reap the corner [pe’at] of your field, neither shall you gather the gleaning [leket] of your harvest. and you shall not glean your vineyard, neither shall you gather the fallen fruit of your vineyard, you shall leave them for the poor and for the stranger" (Lev. 19:9-10), and as it is written, "When you reap your harvest in your field, and have forgotten [ve-shakhahta] a sheaf in your field, you shall not go back to fetch it; it shall be for the stranger, for the fatherless, and for the widow" (Deut. 24:19).

The Gemara explains that this mishnah teaches an additional reason why he may not revoke, i.e., even if she cannot derive benefit from that of her husband, e.g., if he is poor, she may derive benefit from the gifts to the poor, and therefore her vow does not contain self-denial. According to another opinion in the Gemara, this is not the reason for this law; the mishnah rather teaches another law, that if she was divorced, she is prohibited also from that of her husband, for from the time that she was divorced he is included among "people"; she may, however, derive benefit from leket, from shikhehah, and from pe'ah.

Incidental to the above law regarding gifts to the poor, the mishnah teaches a similar law regarding gifts to kohanim and Levites. If a person says , "Konam kohanim and Levites derive benefit from me" - he prohibited by vow all the kohanim and the Levites from deriving benefit from him, they - the kohanim and the Levites, may take - terumah and ma'asrot from the produce of the person who prohibited them by vow, against his will - for the terumah and the ma'aser are not his, but theirs. He does not even have the privilege of being able to give them to whom he wishes, for he prohibited by vow all kohanim and Levites from deriving benefit from him, and he is prohibited from giving to any one of them; nor can he keep them for himself, and they are as gifts to the poor.

But if a person said, "Konam - These kohanim and these Levites derive benefit from me" - he prohibited by vow only specific kohanim and Levites from deriving benefit from that of his, others - other kohanim and Levites, may take - from him the terumah and the ma'aser, but those who are prohibited by the vow may not take. Since the person taking the vow has the right to give them to others, he has a privilege regarding them, and if the people prohibited by vow were to take from him, they would be deriving benefit from that of his.

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