Responsa for Nedarim 60:4
<big><strong>גמ׳</strong></big> מאי טעמא מדלא קאמר מן הרואין לאפוקי דגים ועוברים
<b><i>MISHNAH</i></b>. HE WHO VOWS [NOT TO BENEFIT] FROM THE BLACK-HAIRED MAY NOT [BENEFIT] FROM THE BALD AND THE GREY-HAIRED, BUT MAY [BENEFIT] FROM WOMEN AND CHILDREN, BECAUSE ONLY MEN ARE CALLED BLACKHAIRED.
Teshuvot Maharam
Q. A vowed to quit gambling and promised to give one mark for a holy cause should he break his vow. He subsequently gave money to a friend to gamble for him. Must he pay the promised mark?
A. Vows are interpreted according to common parlance. If the phrase "I will not gamble again" includes, in common parlance, gambling by proxy, he must pay the fine. If, however, the implications of the phrase in common speech can not be determined, we must follow Biblical use of terms. In Biblical law a person is responsible for the acts of his agent unless the agent himself commits a sin by carrying out his mission. Although A's vow was made in the form of Asmakta, it is binding since all promises to a holy cause, even when made in the form of Asmakta, are binding.
SOURCES: Cr. 299, 300; Pr. 493, 494; L. 211, 212; Mordecai Hagadol p. 337b. Cf. Asher, Responsa 13, 2; Agudah B.K. 51.
A. Vows are interpreted according to common parlance. If the phrase "I will not gamble again" includes, in common parlance, gambling by proxy, he must pay the fine. If, however, the implications of the phrase in common speech can not be determined, we must follow Biblical use of terms. In Biblical law a person is responsible for the acts of his agent unless the agent himself commits a sin by carrying out his mission. Although A's vow was made in the form of Asmakta, it is binding since all promises to a holy cause, even when made in the form of Asmakta, are binding.
SOURCES: Cr. 299, 300; Pr. 493, 494; L. 211, 212; Mordecai Hagadol p. 337b. Cf. Asher, Responsa 13, 2; Agudah B.K. 51.
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