1)

DO ALL PERMIT VOWS OF PERSUASION? [line 1]

(a)

Answer #1 (Mishnah): If Reuven told Shimon 'It is forbidden for me to benefit from you if you will not take from me a Kor of wheat and two barrels of wine for your son', Shimon can permit the vow without a Chacham;

1.

He can say 'You vowed only for my honor. This itself is my honor (that people see that you wanted to give to me, and I did not want to take).'

2.

Inference: Had he not said this, the vow would be binding.

3.

Question: Like whom is the Mishnah?

i.

It is not like R. Eliezer ben Yakov. He says that this is a vow of persuasion!

4.

Answer: Rather, it is like Chachamim. This shows that they disagree with R. Eliezer ben Yakov.

(b)

Rejection: Really, it is like R. Eliezer ben Yakov.

1.

He agrees that this is a real vow. Reuven does not want to be like a dog, to take from Shimon without giving in return.

(c)

Answer #2 (Mishnah - R. Meir): If Reuven said to Shimon 'It is forbidden for you to benefit from me if you will not give to my son a Kor of wheat and two barrels of wine', the vow is binding until Shimon gives;

1.

Chachamim say that Reuven can permit his own vow without a Chacham. He can say 'I consider it as if I received.'

2.

Inference: had he not said this, the vow would be binding.

3.

Question: Like whom is the Mishnah?

i.

It is not like R. Eliezer ben Yakov. He says that this is a vow of persuasion!

4.

Answer: Rather, it must be Chachamim. This shows that they disagree with R. Eliezer ben Yakov.

(d)

Rejection: Really, it is like R. Eliezer ben Yakov.

1.

He agrees that this is a real vow. Reuven is not a king, he cannot constantly give to Shimon without receiving in return.

(e)

Answer #3 (Mar Kashisha, son of Rav Chisda - Mishnah): The following are vows of Ones (beyond one's control): Reuven vowed that Shimon must eat by him, and Shimon or Shimon's son got sick, or Shimon could not cross the river.

1.

Inference: If not for the Ones, the vow would stand!

2.

Question: Like whom is the Mishnah?

i.

It is not like R. Eliezer ben Yakov. He says that this is a vow of persuasion!

3.

Answer: Rather, it must be like Chachamim. This shows that they disagree with R. Eliezer ben Yakov.

(f)

Rejection: Really, it is like R. Eliezer ben Yakov.

1.

Reuven did not initiate the vow, rather, Shimon did!

2.

Shimon asked to eat by Reuven; Reuven agreed. Shimon asked Reuven to forbid things to himself if Shimon will not eat by him.

3.

(Since Reuven was not trying to persuade Shimon, this is not a vow of persuasion); if not for the Ones, the vow would stand.

(g)

Answer #4 (Beraisa): R. Eliezer ben Yakov said an even bigger Chidush. If Reuven told Shimon 'I will not benefit from you if you do not eat hot bread and have a hot drink by me' and Shimon refused, this is a vow of persuasion. Chachamim did not agree to this.

1.

Suggestion: Chachamim disagreed, even in the previous cases.

24b----------------------------------------24b

2.

Version #1 (our text) Conclusion: Chachamim disagree with R. Eliezer ben Yakov.

3.

Version #2 (in Tosfos and Ran) Rejection: No, Chachamim argue only in this case. (End of Version #2)

(h)

Question: Like whom is the law?

(i)

Answer (Rav Huna and Rav Ada bar Ahavah): The Halachah follows R. Eliezer ben Yakov.

2)

VOWS OF EXAGGERATION [line 5]

(a)

(Mishnah): The following are vows of exaggeration: '... are forbidden to me if I did not see on this road as many (people) as left Mitzrayim', or 'if I did not see a snake like the beam of an olive press.'

(b)

(Gemara - Beraisa): Vows of exaggeration are permitted. Oaths of exaggeration are forbidden (Rosh - mid'Rabanan. Alternatively, the text should say 'likewise, oaths of exaggeration are permitted.)

(c)

Question: What are oaths of exaggeration?

1.

If he said 'I swear, if I did not see on this road...', this means nothing! (Ran; Rosh - he did not forbid anything!)

(d)

Answer #1 (Abaye): Rather, he said, 'I swear that I saw...'.

(e)

Objection #1 (Rava): If so, this is obvious! (Rosh - that it is forbidden to swear thusly; Ran - that this is permitted!)

(f)

Objection #2 (Rava): Oaths of exaggeration should resemble vows of exaggeration! (Rosh - that he forbade something to himself; Ran - that it applies even when he is clearly lying, i.e. I saw a snake like a beam of an olive press.)

(g)

Answer #2 (Rava): He said 'all Peiros are forbidden to me with an oath if I did not see on this road as many as left Mitzrayim.'

(h)

Question (Ravina): Perhaps he means that he saw that many ants, and his oath is true!