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Week 70 - Tuesday - 27 March 2001

NEDARIM: CHAPTER 6: MISHNAH 4

"Fish, fishes, that I do not taste," he is prohibited from them, whether large or small, whether salted or unsalted, whether raw or cooked, and he is permitted hashed tarit and fish-brine. If a person prohibits himself by a vow from tzahanah, he is prohibited from hashed tarit, and permitted fish-brine and muryas. If one prohibits himself by vow from hashed tarit, he is prohibited from fish-brine and muryas.

Kehati

This mishnah deals with one who prohibits himself by vow from various kinds of fish.

If a person says, "Konam -- Fish, fishes, that I do not taste," he is prohibited from them -- all types of fish, whether large or small -- since he used the two words "fish" and "fishes" in his vow: "fish" means a large fish, since it is sold individually, while "fishes" means small ones, since they are sold only in quantity, (Rabbeinu Nissim). Rambam writes in his commentary on the Mishnah: "Know that in our language, when the same noun is repeated in the singular and in the plural, it indicates totality and amplification, e.g., 'vanity of vanities,' 'the Song of Songs.' And if he said, 'fish fishes,' he included the entire genus, for any matter whatever."

Whether salted -- fish -- or unsalted, whether raw or cooked -- since all these are included in the meaning of his words, "fish, fishes."

And he is permitted hashed tarit -- a type of fish, which was purchased already sliced, minced, and hashed, and is not included in the general "fish, fishes," since it is called by its own name, "hashed tarit," and -- the person taking the vow is similarly permitted -- fish-brine -- the liquid issuing forth from salted fish.

If a person prohibits himself by vow from tzahanah -- a mixture of hashed fish, he is prohibited from hashed tarit -- as was explained above; since the tarit is cut up into little pieces, it is included in the general category of "tzahanah," and permitted fish-brine and muryas -- since the word "tzahanah" refers only to the flesh of the fish, and not to the brine or the muryas, which is the liquid of pickled fish.

If one prohibits himself by vow from hashed tarit -- e.g., he said, "Konam hashed tarit that I do not taste," he is prohibited -- also -- from fish-brine and muryas -- since he mentioned the word "hashed," it implies anything in which something of the fish is mixed (Rabbeinu Asher, Bartenura); therefore, even the fish-brine and the muryas are included in the wording of his vow. According to Rabbeinu Nissim, the text reads, "he is permitted fish-brine and muryas."

NEDARIM: CHAPTER 6: MISHNAH 5

If a person prohibits himself by vow from milk, he is permitted whey; and Rabbi Yose prohibits. From whey, he is permitted milk. Abba Shaul says, If one prohibits himself by vow from cheese, he is forbidden it, whether salted or unsalted.

Kehati

If one prohibits himself by vow from milk, he is permitted whey (kum) -- the liquid remaining from the milk after it has curdled and turned into cheese (it is called "kum", from the root meaning "stand," because when milk is left standing it separates itself -- Rabbeinu Asher); and Rabbi Yose prohibits -- for he holds that whey is included in milk. The Gemara explains that where Rabbi Yose lived, whey was called "whey of milk," and Rabbi Yose therefore said that the person who prohibits himself by vow from milk is forbidden whey, since it is included in milk. Where the First Tanna lived, however, milk was called "milk," and whey was called "whey." The First Tanna therefore holds that whey is not included in the category of milk, and the one prohibited by vow from milk is permitted whey.

If a person prohibits himself by vow --

From whey, he is permitted milk -- according to all opinions, since milk is not included in whey.

Abba Shaul says, If one prohibits himself by vow from the cheese, he is forbidden it -- any kind of cheese, whether salted or unsalted -- cheese. Abba Shaul teaches that we do not say that the one taking the vow had in mind only salted cheese, since he said "the cheese," with the definite article "the" (Rabbeinu Asher, Tosefot Yom Tov), or since most cheeses are salted, saying "cheese" without qualification implies salted cheese (Rabbeinu Nissim); we rather say that one who prohibits himself by vow from cheese is forbidden both salted and unsalted. The halakhah follows Abba Shaul.

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