1)A VOW MADE TO A PERSON
(a)(Beraisa): If Reuven vowed not to benefit from Shimon, he may annul his vow only in front of Shimon.
(b)Question: What is the source of this?
(c)Answer (Rav Nachman): "Hash-m said to Moshe in Midyan 'go return to Mitzrayim, for all the men have died'". Since Moshe vowed in Midyan (to Yisro), he needed to go to Midyan to annul his vow (in front of him).
1."Va'Yo'EL Moshe" - ALah denotes an oath - "(He made a covenant with him) and brought him in an Alah."
(d)Question: "He (Tzidkiyahu) also rebelled against Nevuchadnetzar, who made him swear by Hash-m's name." What was his rebellion?
(e)Answer: He had seen Nevuchadnetzar eat a live hare. Nevuchadnetzar made him swear not to reveal this.
1.Later, it pained Tzidkiyahu to keep the secret. (This disrupted his service of Hash-m.) He permitted his oath and revealed the matter.
(f)Nevuchadnetzar heard that people were debasing him for having eaten a live hare. He summoned the Sanhedrin and Tzidkiyahu.
1.Nevuchadnetzar: Look what Tzidkiyahu did. I made him swear by Hash-m's name that he will not reveal!
2.The Sanhedrin: He permitted his oath.
3.Nevuchadnetzar: May one do that?
4.The Sanhedrin: Yes.
5.Nevuchadnetzar: Must this be in front of the one to whom he swore, or even not in front of him?
6.The Sanhedrin: It must be in front of him.
7.Nevuchadnetzar: Why did you annul his oath when I was not there?
8.(R. Yitzchak): "(The Sanhedrin) sat on the ground; the Chachamim of Tziyon were silent" - the pillows they were sitting on were removed.
(a)(Mishnah - R. Meir): There are cases that resemble Nolad, but are not really Nolad;
(b)Chachamim argue. (They are truly Nolad.)
(c)They argue about cases like the following:
1.Levi vowed 'I will not marry Plonis because her father is evil'; and they told him that her father died or repented;
2.He vowed 'I will not enter this house, for there is a vicious dog or a snake inside', and they told him that it died.
(d)(Gemara) Question: Death is (genuine) Nolad!
(e)Answer #1 (Rav Huna): It is as if Levi made his vow contingent (on the father being alive).
(f)Answer #2 (R. Yochanan): The case is, he already died or repented before Levi vowed.
(g)Question (R. Aba - the next Mishnah): If one said 'I will not marry Plonis, because she is ugly', and she is actually pretty, or 'because she is black (or short)', and she is really white (or tall), he is permitted;
1.This is not because she was ugly or black or short, and she became pretty or white or tall. Rather, the vow was a mistake from the beginning.
2.This is not difficult for Rav Huna. Our Mishnah teaches about making a vow contingent, and the next Mishnah teaches about a mistaken vow.
3.But according to R. Yochanan, both our Mishnah and the next Mishnah teach about a mistaken vow! Why are both needed?
(h)This is left difficult.
3)WAYS TO BE POSE'ACH
(a)(Mishnah - R. Meir): (If Reuven vowed not to benefit Shimon,) we may be Pose'ach by telling him what the Torah says. We tell him:
1.You transgress "do not take vengeance", "do not bear a grudge", "do not hate your brother in your heart" and "love your fellow man like yourself";
2.You also transgress "Your brother will live with you". If Shimon will become poor, your vow forbids you to support him!
3.Had you known this, would you have vowed?
(b)If he says 'had I known this, I would not have vowed', he is permitted.
(c)(Gemara - Rav Huna bar Rav Katina) Question: (Why does Reuven transgress "Your brother will live with you"?) It is not incumbent (specifically) on him to support Shimon!
1.Reuven and all others must support all the poor! (He will give money to the Tzedakah collector. If he gives that money to Shimon, he benefits Shimon, not Reuven!)
(d)Answer (Rabanan): Shimon might request from Reuven before he requests from the Tzedakah collector (and Reuven will transgress then).
(e)(Mishnah): We may be Pose'ach by telling a man that he will have to pay his wife's Kesuvah;
1.A case occurred in which Reuven was Mudar Hana'ah from his wife. Her Kesuvah was 400 Dinars.
2.R. Akiva: You must pay the Kesuvah.
3.Reuven: My father left 800 Dinars when he died. I and my brother each received 400. Isn't it enough that my wife takes 200, and I the other 200?!
4.R. Akiva: Even if you must sell the hair on your head, you must pay her Kesuvah!
5.Reuven: Had I known that, I would not have vowed.
6.R. Akiva permitted the vow.
4)WHAT DO WE TAKE FROM DEBTORS?
(a)(Gemara) Question: Is there really a lien on Metaltelim (movable objects, such as money) to pay a Kesuvah?!
(b)Answer (Abaye): No. His father left him land worth 800 Dinars.
(c)Objection: R. Akiva told him 'even if you must sell your hair ...' This is Metaltelim!
(d)Answer: He meant, she will collect her Kesuvah from (all) your land, even if you will be forced to sell your hair in order to eat.
(e)Inference: Our Mishnah teaches that when we force a debtor to pay, we do not leave him basic necessities (food and Kelim, therefore, he will need to sell his hair! In Bava Metzia (114a), some say that we are not
(f)Rejection (Rav Nachman bar Yitzchak): Perhaps we leave him basic necessities;
1.The Mishnah teaches that even if he (goes beyond the letter of the law and) gives all he has now, if this does not fully pay the Kesuvah, we do not tear the Kesuvah. (Whenever he will get more money, he must pay the balance.)