REVACH L'DAF
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SUMMARY
A Neder is only effective if you prohibit an object like a Davar ha'Nadur.
If someone vows that his wife should be Asur like his sister, Orlah or Kil'ei ha'Kerem it is not an effective Neder mid'Oraisa. (1)
Abaye says that someone who prohibits his wife with a Davar ha'Asur is required mid'Rabanan to have his Neder released.
Rava holds that only an Am ha'Aretz who prohibits his wife with a Davar ha'Asur is required mid'Rabanan to have his Neder released. (2)
If someone vows on a Sefer Torah it is not a valid vow. (3)
An Am ha'Aretz who vows on a Sefer Torah is required mid'Rabanan to have his Neder released.
If someone vows on what is written in a Sefer Torah it is a valid Neder. (4)
Rebbi Nachman says that if the Sefer Torah is resting on the ground it is only a valid Neder if he vows "on it and what is written in it." (5)
If someone vows "Konam my sleep or my words or my walking" it is a valid Neder.
If someone vows to his wife, "Konam my Tashmish" it is a valid Neder.
If someone vows "I will not sleep today if I sleep tomorrow" Rebbi Yehudah says that he may not sleep today lest he sleep tomorrow. (6)
Rebbi Nachman says that he may sleep today and we are not concerned that he will not sleep tomorrow.
A BIT MORE
1. Since all of these things are a Davar ha'Asur not a Davar ha'Nadur.
2. The Rabanan were stringent with an Am ha'Aretz when he prohibits his wife with a Davar ha'Asur because of the concern that he may prohibit her with a Davar ha'Nadur which is an effective Neder.
3. If someone says, "On this Torah I am going to do such and such" it is not a valid vow because a Shevu'ah is only valid if one swears with the name of Hashem. A person who swears on a Sefer Torah is not swearing on the name of Hashem that is written in the Sefer Torah, instead he is swearing on the margins of the Sefer Torah.
4. Because he is swearing on the name of Hashem that is written in the Sefer Torah.
5. But if he only vows what is written in it since it is resting in the ground he is swearing on the margins of the Sefer Torah and not on the name of Hashem.
6. Rebbi Yehudah admits that if someone vows, "I will not sleep tomorrow if I sleep today" he may sleep today and we are not concerned that he will sleep tomorrow because a person is more vigilant regarding the actual Neder than he is regarding the Tenai.
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BRIEF INSIGHT
BREACHING A TENAI
If someone vows "I will not sleep today if I sleep tomorrow" Rebbi Yehudah says that he may not sleep today because we are concerned that he may not keep the Tenai and he will end up sleeping tomorrow. The Ritva asks, why are we not concerned for the breaching of a Tenai with regards to Gitin and Kidushin? If a woman receives a Get on condition that she will not drink wine she may remarry and we are not concerned that she will drink wine and annul the Get as a result. The Ritva answers that sleeping is something that a person does not have control over and we are concerned that he will involuntarily fall asleep, while a person can control himself from drinking wine.
QUICK HALACHAH
A VOW NOT TO SLEEP
If someone vows "Konam my eyes from sleeping today if I sleep tomorrow" he may not sleep today because maybe he will forget and sleep tomorrow. However, if he vows, "I will not sleep tomorrow if I sleep today" he may sleep today and we are not concerned that tomorrow he will forget his Tenai and fall asleep. (Shulchan Aruch YD 213:3)
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