Talmud Bavli
Talmud Bavli

Responsa for Nedarim 60:6

<big><strong>גמ׳</strong></big> מאי טעמא מדלא קאמר מבעלי שיער

BUT MAY [BENEFIT] FROM WOMEN AND CHILDREN, BECAUSE ONLY MEN ARE CALLED 'BLACK-HAIRED'. What is the reason? — Men sometimes cover their heads and sometimes not; but women's hair is always covered, and children are always bareheaded.<span class="x" onmousemove="('comment',' Hence women would be referred to as 'those of covered hair', and children as 'the bare-headed'. — Ran. In Mishnaic times it was the universal practise for women's hair to be covered, and its violation was deemed sufficient ground for divorce without payment of the kethubah (Keth. 72a Mishnah.) From the present passage it appears that no distinction was drawn between married and unmarried women, but later on custom became more lenient with respect to unmarried women (Shulhan 'Aruk', O.H. 75, 2; cf. Sanh. (Sonc. ed.) p. 398. n. 1, referring to Gentiles). As for men, it was considered a sign of reverence and piety to cover the head (Kid. 31a, Shab. 118b); nevertheless only in the case of great scholars was it held to be indispensable (cf. Kid. 8a. ');"><sup>3</sup></span>

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.
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