1)

CONCERN LEST ONE TRANSGRESS A CONDITIONAL VOW (cont.)

(a)

Question (against Rav Yehudah - Mishnah): If one said "Konam that I sleep, speak, walk..."

1.

Question: What is the case?

i.

If he literally said "that I sleep", this does not take effect, for sleep is intangible!

ii.

(Beraisa): The stringency of Shevuos is that they can take effect on tangible and intangible matters, but Nedarim do not (they apply only to tangible matters).

2.

Answer #1: He said "Konam my eyes to sleep."

3.

Objection: If he did not limit the duration of his vow (it is impossible to fulfill, so) it does not take effect at all!

i.

(R. Yochanan): If one swore not to sleep for three days, we lash him (for a vain oath), and he may sleep immediately.

4.

Answer #2: He said "Konam my eyes to sleep tomorrow if I will sleep today.

5.

Objection: We said that one is careful about transgressing the vow itself (all agree that he may sleep today)!

6.

Answer #3: Rather, he said "Konam my eyes to sleep today if I will sleep tomorrow."

7.

Question: If he may not sleep today, why does Bal Yachel apply tomorrow?!

8.

Conclusion: We must say that he may sleep today. This refutes Rav Yehudah!

(b)

Answer #1: The Mishnah means that if he (transgressed and) slept today, Bal Yachel applies tomorrow.

(c)

Answer #2 (and Answer #4 to Question a:1 - Ravina): Really, he literally said "that I sleep." Mid'Rabanan, Bal Yachel applies.

(d)

Question: Does Bal Yachel ever apply mid'Rabanan?!

(e)

Answer: Yes!

1.

(Beraisa): "Lo Yachel Devaro" - if people consider something to be forbidden, and really it is permitted, you may not be lenient about it to abolish the custom.

(f)

Question (against Rav Yehudah - Mishnah): If one told his wife 'You may not benefit from me until Pesach if you go to your father's house before Sukos' and she went before Pesach, she may not benefit until Pesach.

1.

Inference: She may not benefit until Pesach only if she went before Pesach. If not, she may benefit!

(g)

Answer (R. Aba): If she went before Pesach, she may not benefit until Pesach, and if she does she is lashed. If she did not go before Pesach, there is a mere Isur (without lashes for benefit until Pesach).

(h)

Question (Seifa): (If she went) after Pesach (but before Sukos), she transgresses "Lo Yachel Devaro."

1.

Question: If she may not benefit before, why does Bal Yachel apply later?!

2.

Conclusion: We must say that she may benefit before. This refutes Rav Yehudah!

15b----------------------------------------15b

(i)

Answer: It means that, if she (transgressed and) benefited before Pesach, after Pesach "Lo Yachel Devaro" applies.

(j)

Question (against Rav Yehudah - Mishnah): If a man told his wife "you may not benefit from me until Sukos if you go to your father's house before Pesach", if she went before Pesach, she may not benefit until Sukos. She may go after Pesach.

1.

Inference: She may not benefit only if she went before Pesach. If not, she may benefit!

(k)

Answer (Rava): Even if she did not go before Pesach, she is forbidden. If she went, she is lashed for benefit (before Sukos). If she did not go before Pesach, there is a mere Isur (until Pesach).

(l)

Question (against Rav Yehudah - Beraisa): If one said 'this loaf is forbidden to me today if I will go to the place 'Ploni' tomorrow':

1.

If he ate it, he is forbidden to go there tomorrow.

2.

This shows that he may eat it (we are not concerned lest he transgress the Tnai)!

(m)

Answer: It doesn't say that he may eat it. It says "if he ate it..."

(n)

Question (Seifa): If he went, he transgresses Bal Yachel (if he ate it).

1.

Inference: According to Rav Yehudah, (since he may not eat the first day,) the Beraisa should have taught that he may go!

(o)

Answer: It could have said that he may go. It said "if he went" for parallel structure with the Reisha, which must say "if he ate", for it cannot say "he may eat."

2)

A VOW TO FORBID BI'AH [line 15]

(a)

(Mishnah): If one said "Konam that I have Bi'ah with you", Bal Yachel applies.

(b)

Question: The Torah obligates him to have Bi'ah with her (so he cannot uproot this through a Neder) - "She'erah Kesusah v'Onasah Lo Yigra"!

(c)

Answer: The case is, he said 'pleasure of Bi'ah with you is forbidden to me.' He can forbid to himself, like Rav Kahana taught:

1.

(Rav Kahana): If a woman told her husband 'pleasure of Bi'ah with me is forbidden to you', he can force her to have Bi'ah, for she is obligated;

2.

If she said 'pleasure of Bi'ah with you is forbidden to me', Bi'ah is forbidden, for one may not 'feed' to Ploni a food (or anything) forbidden to Ploni.

3)

FORBIDDING EATING AND OTHER ACTIVITIES [line 23]

(a)

(Mishnah): If one swore not to sleep, speak, or walk, he is forbidden.

(b)

If he said "Korban, I will not eat from you," "Ha Korban, what I eat from you," or "l'Korban (this is the text of most Rishonim), I will not eat from you," he is permitted. (In the former cases, he swore in the life of a Korban, which is void, or he forbade what he will not eat. The Gemara will explain l'Korban.)