Talmud Bavli
Talmud Bavli

Halakhah for Nedarim 54:9

<big><strong>מתני׳</strong></big> נודרין להרגין ולחרמין ולמוכסין שהיא תרומה אף על פי שאינו תרומה שהן של בית המלך אף על פי שאינן של בית המלך בית שמאי אומרים בכל נודרין

— Here it is different, because he had declared, 'These rights shall be void.'<span class="x" onmousemove="('comment',' This is a stronger declaration than e.g., 'I will not claim my rights'; hence it is valid. ');"><sup>9</sup></span> Now the law is: an <i>asmakta</i> does give a legal claim, providing that no unavoidable accident supervened and that a formal acquisition was made<span class="x" onmousemove="('comment',' The conceding party formally ceded his rights. This was symbolically effected by one giving an article, e.g., a scarf, to the other. ');"><sup>10</sup></span> at an authoritative <i>Beth din</i>.<span class="x" onmousemove="('comment',' Rash and Maim.: an ordained Beth din; Ran: a Beth din with the power to enforce its decisions. ');"><sup>11</sup></span> <b><i>MISHNAH</i></b>. ONE MAY VOW TO MURDERERS,<span class="x" onmousemove="('comment',' I.e., robbers who kill if their demands are not granted. ');"><sup>12</sup></span> ROBBERS,<span class="x" onmousemove="('comment',' Rashi, Ran, Rosh and Tosaf. all interpret this as private robbers. Jast.: official oppressors. These are less desperate than murderers, and do not kill if their demands are refused. ');"><sup>13</sup></span> AND PUBLICANS THAT IT [THE PRODUCE WHICH THEY DEMAND] IS <i>TERUMAH</i>, EVEN IF IT IS NOT,<span class="x" onmousemove="('comment',' This vow is to save it from their hands, as terumah is forbidden to a zar, q.v. Glos. — It is remarkable that even murderers and robbers are assumed to respect the prohibition of terumah! ');"><sup>14</sup></span> OR THAT IT BELONGS TO THE ROYAL HOUSE, EVEN IF IT DOES NOT. BETH SHAMMAI MAINTAIN: ONE MAY MAKE ANY FORM OF VOW,

Sefer HaChinukh

The laws of the commandment - for example, appellations for oaths, [about] which they, may their memory be blessed, said that they are like an oath [and the explanation of appellations for oaths are the many terms that exist among people, according to their places, like what they, may their memory be blessed, said (Nedarim 10a), "Shevuta, shekuka, etc."]; so [too], the law [if one says,] "a curse (allah)" or "cursed (aroor)" whether they are like oaths (Shevout 36a); one who says "no" with the mention of God, and so [too], "right or left (Nazir 3b); the law of his mouth and heart being [in agreement], and that which we learned from this law of his mouth and heart being [in agreement], that we are able to make [deceptive] oaths to killers and plunderers, like [if] he say that all the fruits in the world are forbidden to him if there be such and such, and in his heart is that they only be forbidden for today (Nedarim 27b), and even though it generally implies forever, but it is only permitted to us like this, when the words of his mouth do not completely contradict the thought of his heart, and not in any other way; and the rest of its many details - are [all] in Shevuot and Nedarim (See Tur, Yoreh Deah 236).
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