1)FALSE VOWS

(a)(Mishnah): One may falsely vow to murderers, looters and tax-collectors, to convince them that it (what they want to take) is Terumah, or belongs to the king;

(b)Beis Shamai say, one may falsely vow, but not swear;

(c)Beis Hillel say, one may even swear.

(d)Beis Shamai say, one may not be Pose'ach (initiate) a vow (if the thug did not request this);

(e)Beis Hillel say, he may initiate a vow.

(f)Beis Shamai say, one may vow only like he was requested;

(g)Beis Hillel say, one may add to the vow;

(h)If the robber asked Reuven to vow 'if I am lying, my wife may not benefit from me', and Reuven vowed 'if I am lying, my wife and children are forbidden':

1.Beis Shamai say, his wife is permitted, and his children are forbidden;

2.Beis Hillel say, both are permitted.

(i)(Gemara) Question: (Why may one lie to tax collectors?) Shmuel taught that the laws of the country must be followed!

(j)Answer #1 (Rav Chinena citing Shmuel): The tax collector in the Mishnah takes as much as he wants.

(k)Answer #2 (d'Vei R. Yanai): The tax collector was self-appointed (i.e. not by the king).

2)WHICH VOWS MAY ONE TAKE?

(a)(Mishnah): One may falsely vow that the property belongs to the king.

(b)Question: What vow does he say?

(c)Answer (Rav Amram): He says '(all) Peiros are forbidden to me if this is not the king's'.

(d)Question: If so, they indeed become forbidden to him!

(e)Answer: He says, '(all) Peiros are forbidden to me today if this is not the king's'.

(f)Objection: The tax collector will not accept such a vow!

(g)Answer: He says 'today' only in his heart, not with his lips.

1.Even though unspoken conditions are ignored, in the case of Ones they are valid.

(h)(Mishnah - Beis Shamai): One may vow (but not swear)... only as requested. Beis Hillel permit adding to the vow;

1.Beis Shamai say, if he asked Reuven to vow 'If I am lying, my wife is forbidden to benefit from me', and Reuven vowed 'If I am lying, my wife and children are forbidden', his wife is permitted, his children are forbidden;

2.Beis Hillel say, both are permitted.

(i)(Beraisa - Beis Shamai): One may not be Pose'ach (initiate) an oath;

(j)Beis Hillel permit.

(k)Question #1 - Inference: Beis Shamai forbid initiating an oath, but one may initiate a vow!

1.In the Mishnah, Beis Shamai forbid this!

(l)Question #2 - Inference: Beis Shamai forbid initiating an oath, but one may swear if requested!

1.In the Mishnah, Beis Shamai forbid this!

(m)Answer #1 (to both questions): The Tana of the Mishnah taught the argument regarding (initiating) a vow, to show how stringent Beis Shamai are. The Tana of the Beraisa taught the argument regarding (initiating) an oath, to show how lenient Beis Hillel are.

(n)Answer #2 (Rav Ashi): (The Beraisa does not discuss swearing to thugs.) Beis Shamai say that we do not Pose'ach (suggest grounds to permit) oaths. Beis Hillel say that we do.

3)IRREDEEMABLE HEKDESH

(a)(Mishnah): If one said 'these saplings will be Hekdesh if they are not uprooted' or 'this Talis will be Hekdesh if it is not burned', they can be redeemed;

(b)If he said 'these saplings are Hekdesh until they are uprooted' or 'this Talis is Hekdesh until it is burned', they cannot be redeemed.

28b----------------------------------------28b

(c)(Gemara) Question: The Mishnah should say whether or not they are Hekdesh (and not whether or not they can be redeemed)!

(d)Answer: Since the Seifa must teach 'they cannot be redeemed', the Reisha says 'they can be redeemed'.

(e)Question: What was his vow?

(f)Answer (Ameimar): He said '...if they are not uprooted today', and they were not uprooted that day.

(g)Objection: If so, obviously they are Hekdesh!

(h)Answer: The case is, there was a strong wind (and they were likely to be uprooted).

(i)Objection: Can we say that a Talis was likely to be burned?!

(j)Answer: Yes! The case is, there is a fire.

1.One might have thought that he vows only because he thinks they will not be saved.

2.The verse teaches that this is not so. He wants to make them Hekdesh if they are saved.

(k)(Mishnah): These saplings are Hekdesh...

(l)Question: Are they always Hekdesh? (Why can't they be redeemed?)

(m)Answer #1 (Bar Pada): The Mishnah teaches that no matter how many times they are redeemed before they are uprooted, they become Hekdesh again;

1.Once they are uprooted, if they are redeemed, they become Chulin.

(n)Answer #2 (Ula): Once they are cut, there is no need to redeem them (they are automatically Chulin).

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