[26a - 52 lines; 26b - 29 lines]

1)[line 1] CHADA MINAIHU RAV PAPA AMARAH- one of the statements was made by Rav Papa (who was a disciple of Abaye (and Rava), and it was not known if he stated his own opinion (in which case there is no contradiction) or the opinion of his teacher Abaye - TOSFOS)

2)[line 3]"[ ] [ , ; ]""[O NEFESH KI SISHAVA L'VATEI VI'SFASAYIM] L'HARA O L'HEITIV [L'CHOL ASHER YEVATEI HA'ADAM BI'SHEVU'AH, V'NE'LAM MIMENU; V'HU YADA V'ASHEM L'ACHAS ME'ELEH]"- "[Or if a person swears, pronouncing with his lips] to do evil (to himself, e.g. 'I will not eat' or 'I will not sleep') or to do good, [whatever a man will utter with an oath, and it is later concealed from him (i.e. forgotten; and he then knew (i.e. he remembers it) and was guilty of one of these things]" (Vayikra 5:4).

3)[line 12] ME'RIBUY HA'KASUV- from the inclusion of the verse (that is, Rebbi Yishmael, who extracts Halachos from the verses using Kelalim and Peratim (see below, entry #5), learns that all types of oaths are valid, as long as they are similar to the criteria of "l'Hara O l'Heitiv," i.e. oaths regarding the future)

4)[line 15] REBBI NECHUNYA BEN HAKANAH- Mishnaic sage of the second generation, mentor of Rebbi Yishmael and probably a disciple of Rebbi Yochanan ben Zakai (Bava Basra 10b). He lived a very long life and informed his students that this was the result of three constant important practices: he never gained honor from the disgrace of a fellow Jew; he never went to sleep without forgiving anyone who wronged him during the day; he was easygoing with his money (Megilah 28a). According to the SEFER YUCHASIN, he is the author of the Sefer ha'Bahir, a book explaining the secrets of Jewish mysticism.

5)[line 17] / KLAL U'PERAT / RIBAH U'MI'ET (KLAL U'PRAT / RIBUY U'MI'UT)

(a)In order to extract the Halachah from the verses of the Torah, many Tana'im interpret the verses on the basis of Klalim (generalizations) and Pratim (specifications). Others interpret the verses on the basis of Ribuyim (inclusions, i.e. qualifications that enlarge the scope of the law) and Mi'utim (exclusions).

(b)According to the approach that learns Klalei u'Fratei, when a Klal is followed by a Prat, which is followed in turn by another Klal, then everything belonging to the general category that is similar to the Prat is included. Anything that is not in the general category of the limiting Prat is not included. According to the approach that learns Ribuyei u'Mi'utei, the outcome mentioned previously (for Klal u'Prat u'Chlal) is already achieved when a Ribuy is followed only by a Mi'ut. When a Ribuy is followed by a Mi'ut and the Mi'ut is followed in turn by another Ribuy, then everything is included except for one item that is totally dissimilar to the limiting Mi'ut. (This means that the verse will include more instances than the first opinion assumed.)

6)[line 18] NACHUM ISH GAM ZO- Mishnaic sage of the third generation, mentor of Rebbi Akiva. Many incredible stories are related about him (Ta'anis 21a, Sanhedrin 109a). (According to Hagahos Ya'avetz to Ta'anis ibid., he came from the city of Gimzo, mentioned in Divrei ha'Yamim II 28:18. His title, "Ish Gam Zo," was given to him because of his practice to say "Gam Zo l'Tovah" ("This, also, is for the good") about any occurrence, no matter how disastrous it seemed at the onset. Chazal made a pun of his town's name by changing its punctuation to Gam Zo to allude to his outlook on life - see also Background to Ta'anis 19a with regard to Choni ha'Me'agel.)

7)[line 29] ?EIPUCH ANA?- Perhaps I should switch these teachings (such that the Klal works to include oaths that refer to actions of Hara'ah or Hatavah from the past, and such that the Prat works to exclude even oaths that refer to the future, if they do not involve Hara'ah or Hatavah)?

8a)[line 29] ISURO MISHUM BAL YACHEL DEVARO - its prohibition is learned from the verse, "Lo Yachel Devaro" - "he shall not break (lit. profane) his word" (Bamidbar 30:3) (NEDARIM AND SHEVU'OS: LO YACHEL DEVARO)

(a)The Torah empowers a person to create a prohibition or obligation upon himself through the means of his speech, as the verse states, "If a man makes a "Neder" (vow) to HaSh-m, or swears a "Shevu'ah" (oath) to create a prohibition upon himself, he may not violate his word. As he spoke, he shall do" (Bamidbar 30:3). By pronouncing a Shevu'ah one can either prohibit an act that was formerly permitted, or make obligatory an act that was formerly voluntary. By pronouncing a Neder, in contrast, one can only prohibit and not obligate, with the exception of Nidrei Hekdesh (vows to consecrate a sacrifice) which can also obligate a person (to bring the sacrifice he vowed).

(b)Lo Yachel Devaro is the Mitzvas Lo Sa'aseh that prohibits a person who makes a vow or oath from breaking his word. The words "Lo Yachel" connote the future, and as such, Rebbi Yitzchak answers that it is more logical that the Klal should work to include oaths of the future that do not involve Hara'ah or Hatavah. Similarly, the Prat should work to exclude even oaths that refer to actions of Hara'ah or Hatavah, if they refers to actions from the past.

b)[line 31] MISHUM BAL TESHAKRU - its prohibition is learned from the verse, "v'Lo Seshakru" - "and you shall not lie" (Vayikra 19:11) (SHEVU'AS SHEKER)

See Background to Shevuos 25:6.

9a)[line 32] HA'SHEVU'AH KODEMES LA'BITUY- the oath comes before the [action that shows that the words of his] expression [were uttered falsely]

b)[line 32] HA'BITUY KODEMES LA'SHEVU'AH- the [action that shows that the words of his] expression [were uttered falsely] comes before the oath

10)[line 34]" , ""HA'ADAM BI'SHEVU'AH V'NE'ELAM MIMENU"- see above, entry #2

11)[line 40] MECHACHU ALAH B'MA'ARAVA- they laughed about it in the west (Eretz Yisrael) (the Gemara Sanhedrin 17b concludes that these words signify a statement of Rebbi Yosi b'Rebbi Chanina)

12a)[line 41] SHEVU'ASEI INSHI- he forgot [the content of] his oath

b)[line 41] CHEFTZA DACHIR- he remembers [that his oath applied to] the object

13)[line 49] HE'ELEM ZEH VA'ZEH B'YADO- where he has forgotten this and that (if he forgot [the content of] his Shevu'ah and also forgot [that his Shevu'ah applied to] the object)

14a)[line 50] IY MACHMAS SHEVU'AH KA PARISH- if as a result of his Shevu'ah he desists [from eating the object] (In a case where a person made a Shevu'ah not to eat wheat bread, for example, and he begins eating wheat bread, when someone reminds him that he made a Shevu'ah, he stops eating.)

b)[line 51] IY MACHMAS CHEFETZ KA PARISH- if as a result of the object he desists [from eating the object] (In a case where a person made a Shevu'ah not to eat wheat bread, for example, and he begins eating wheat bread, when someone reminds him that what he is eating is wheat bread, he stops eating.)

26b----------------------------------------26b

15)[line 5] SHIGEGAS KORBAN SHEMAH SHEGAGAH- not knowing that he would have to bring a Korban is called "Shogeg" even if he knew that the action was prohibited. As such, even if he knew that his Shevu'ah is false, as long as he did not know that he would have to bring a Korban, his Shevu'ah is considered to have been uttered b'Shogeg, unintentionally. (According to Munbaz (Shabbos 69a), apparently the obligation to bring a Korban reflects the severity of the sin. (That is, it is not just a method of atoning for a sin.) If the sinner was not aware that he would have to bring a Korban, he was not fully aware of the severity of his sin.)

16)[line 10] D'YALFINAN ME'AVODAH ZARAH- since we learn from idol worship (where an action is required to transgress the prohibition). (For a discussion of the prohibition of idol worship, see Background to Shevuos 8:3.)

17a)[line 12]MISTAKEN- he is in danger of death [if he does not eat the loaf]

b)[line 13]MITZTA'ER- he is in anguish [if he does not eat the loaf]

18)[line 14] SHAV MI'YEDI'ASO- a person who would have refrained from transgressing had he known that it was forbidden (and in the case of our Gemara, even if he remembered his Shevu'ah he would have eaten the loaf, and as such, he does not bring a Korban)

19)[line 17] GAMAR B'LIBO- he decided in his heart

20)[line 25]" ""MOTZA SEFASECHA TISHMOR V'ASISA"- "That which goes out of your lips you shall keep and perform" (Devarim 23:24)

21)[line 26]"[ ;] [ , ']""KOL NEDIV LEV"- "[And they came, both men and women;] everyone whose heart motivated him, [brought bracelets, and nose-rings, and rings, and other jewelry, all ornaments of gold, every man who raised up an offering of gold to HaSh-m]" (Shemos 35:22).

22)[line 27]TERUMAH- (a) the donations of materials that Bnei Yisrael made in the desert in order to build the Mishkan (RASHI); (b) Terumah, one of the gifts given to the Kohanim from the produce grown by landowners (see Background to Shevuos 6:29) (TOSFOS)

23)[line 28] KOL SHNEI KESUVIN HA'BA'IN K'ECHAD EIN MELAMDIN - we do not learn from two subjects that express the same Halachah (lit. that come together)

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is called Binyan Av. A Binyan Av (lit. "building through a father" - father in this sense means a Biblical source), is a rule of Biblical interpretation in which one subject is deemed a prototype in order to apply a Halachah stated in that subject to other comparable subjects.

(b)If two verses express the same Halachah regarding two different subjects, we cannot apply the Halachah elsewhere through a Binyan Av. Through the fact that the Torah found it necessary to repeat the law the second time, we may deduce that the Halachah is not meant to be applied automatically in all situations.

24)[last line] CHULIN MI'KODSHIM LO GAMRINAN- we cannot derive the Halachos regarding Terumah (which is considered "Chulin" with regard to Hekdesh - Kidushin 41b) from Halachos that apply to Kodshim

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