(a)(Mishnah): If one vowed from Yerakos, he may have gourd;

(b)R. Akiva forbids.

1.Chachamim: If a Shali'ach was sent to the market to buy Yerakos (and found only gourds), he will say 'I didn't find Yerakos, only gourds!'

2.R. Akiva: Yes! He would not say 'I found only legumes!'

i.This is because gourds are in the category of Yerakos. Legumes are not.

(c)He may have dry Mitzri beans, but not moist.

(d)(Gemara) Question: He vowed from Yerakos. How can R. Akiva forbid gourds?

(e)Answer (Ula): The case is, he vowed from pot Yerakos. (The extra word shows that he wants to forbid something else as well.)

(f)Question: Maybe he meant to include Yerakos eaten in a pot (i.e. that are added for flavor)!

(g)Answer: He vowed from Yerakos cooked in a pot.

(h)Question: What do Chachamim and R. Akiva argue about?

(i)Answer: Chachamim hold that anything a Shali'ach must ask about is not included in the species;

(j)R. Akiva holds that it is.

1.(Abaye): R. Akiva agrees that one is not lashed for eating things that a Shali'ach would ask about.


(a)(Mishnah): If a Shali'ach (was sent to buy something with money that was Hekdesh and he) fulfilled his mission, the sender transgresses Me'ilah. If he did not fulfill his mission (e.g. he bought the wrong item), he himself transgresses Me'ilah.

(b)Question: Who is the Tana of the Mishnah?

(c)Answer (Rav Chisda): It is unlike R. Akiva:

1.(Seifa): If a man told his servant 'give meat to the guests', and he gave liver (or vice-versa, and what he gave was Hekdesh), the servant transgressed Me'ilah.

2.A Shali'ach would ask if he should get liver in place of meat, so according to R. Akiva he fulfilled the mission. If so, the sender transgresses, not the Shali'ach!

(d)Rejection (Abaye): The Mishnah can be like R. Akiva. R. Akiva admits that the Shali'ach must consult! (Therefore, we do not say that he fulfilled his mission.)


(e)Rava: Abaye is correct.

(f)The Chachamim who argue with R. Akiva hold like R. Shimon ben Gamliel:

1.(Beraisa): If one vowed from meat, all types of meat (e.g. cattle, flock and Chayos) are forbidden. He is forbidden (even) the head, legs, windpipe, liver, heart, and fowl. He may eat fish and grasshoppers;

2.R. Shimon ben Gamliel forbids all types of meat, but permits the head, legs, windpipe, liver, heart, and fowl. All the more so, he permits fish and grasshoppers.

i.(R. Shimon ben Gamliel): The innards are not considered meat. One who eats them is not a person.

ii.Question: In what respect is he not a person?

iii.Answer: If he buys them in place of meat, he is not a (distinguished) person.

(g)Question: Why does the first Tana forbid fowl, and permit fish? A Shali'ach would consult before buying either!

(h)Answer #1 (Abaye): The case is, the one who vowed just underwent bloodletting (therefore, he had no intention to eat fish anyway, for it is dangerous, so he didn't intend to forbid it).

(i)Objection: If so, the same should apply to fowl!

1.(Shmuel): If one eats fowl after letting blood from the shoulder, his heart will flutter like a bird.

2.(Beraisa): We do not let blood after the patient ate fish, fowl or salted meat;

i.(Beraisa): After letting blood, the patient should not eat cheese, milk, eggs, leeks, fowl or salted meat.

3.Answer: He had fowl in mind, since if he overcooks it, it will not harm him.

(j)Answer #2 (Rava): His eyes were hurting when he vowed. (Fish harms the eyes, so he did not intend to eat fish anyway, and didn't intend to forbid them.)

(k)Question: To the contrary! Shmuel taught that fish are a remedy for the eyes!

(l)Answer: They are helpful only at the end of the sickness.