1)

WAYS OF PERMITTING VOWS

(a)

Bitnis, son of Aba Sha'ul ben Bitnis: Did you vow, intending that this would pain Chachamim?

1.

R. Shimon b'Rebbi said that he had not; Bitnis permitted the vow.

(b)

R. Yishmael bar R. Yosi came before Chachamim to permit a vow. They suggested things that he might have overlooked when he vowed. Each time, he said that he vowed with that in mind.

1.

A launderer saw that this was paining Chachamim. He hit R. Yishmael bar R. Yosi with his rack.

2.

R. Yishmael bar R. Yosi: I did not vow with intent to be hit by a launderer!

i.

R. Yishmael permitted his own vow.

(c)

Question (Rav Acha mi'Difti): This is Nolad (an unexpected development). He did not expect to be hit. We hold that we do not permit vows using Nolad!

(d)

Answer (Rav Ashi): This is not Nolad. There are many wanton people who pain Chachamim.

(e)

Abaye suggested that his wife's daughter marry one of his relatives. His wife suggested that she marry one of her relatives.

1.

Abaye: If you marry her off to your relative, you may not get any benefit from me.

2.

She married her off to her relative; Abaye came before Rav Yosef to permit his vow.

3.

Rav Yosef: Had you known that she would defy you, would you have vowed?

4.

Abaye: No.

5.

Rav Yosef permitted the vow.

(f)

Question: Is this really grounds for permitting a vow?

(g)

Answer: Yes!

1.

(Beraisa): A man vowed that his wife will not go up to Yerushalayim for the festival (if she disobeys, she may not benefit from him). She went up;

2.

R. Yosi asked if he would have vowed had he known that she would go up. The man said that he would not have vowed; R. Yosi permitted the vow.

2)

PERMITTING VOWS IN ADVANCE

(a)

(Mishnah): R. Eliezer ben Yakov says, even one who wants to vow to pressure his friend to eat by him, should say 'any vow that I will take should be void.' He must remember at the time of the vow.

(b)

(Gemara) Question: Since he says this, his friend will know that the vow is void and will not comply!

23b----------------------------------------23b

(c)

Answer: The Mishnah is abbreviated; it means as follows.

1.

Reuven wants that Shimon should eat by him, but Shimon refuses. If Reuven vows to persuade Shimon, these are vows of persuasion;

2.

If one wants any vows he takes the entire year to be void, he should say on Rosh Hashanah 'any vow that I will take should be void.' He must remember at the time of the vow.

(d)

Question: If he remembers at the time of the vow, he uproots his stipulation and takes a valid vow!

(e)

Answer #1 (Abaye): We must amend the Mishnah to say 'provided he does not remember at the time of the vow.'

(f)

Answer #2 (Rava): The text of the Mishnah is correct. The case is, he stipulated on Rosh Hashanah, and forgot what he stipulated.

1.

If he remembers (that he made some stipulation, but does not remember it) at the time of his vow, and vows according to his stipulation, the vow is void;

2.

If he does not say that he vows according to his stipulation, he uproots his stipulation and the vow is valid.

(g)

Rav Huna bar Chinena intended to expound this at the lesson.

1.

Rava: The Tana concealed this, so people will not take vows lightly, and you want to teach this at the lesson?!

(h)

Question #1: Do Chachamim disagree with R. Eliezer ben Yakov?

(i)

Question #2: If they argue, like whom is the Halachah?

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