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1:7:1

משנה: אֵין בֵּין הַמּוּדָּר הֲנָאָה מֵחֲבֵירוֹ לַמּוּדָּר מִמֶּנּוּ מַאֲכָל אֶלָּא דְּרִיסַת הָרֶגֶל וְכֵלִים שֶׁאֵין עוֹשִׂין בָּהֶן אֹכֶל נֶפֶשׁ. אֵין בֵּין נְדָרִים לִנְדָבוֹת אֶלָּא שֶׁהַנְּדָרִים מֵתוּ אוֹ נִגְנְבוּ חַיָיבִין בְּאַחֵרָיוּתָן וּנְדָבוֹת מֵתוּ אוֹ נִגְנְבוּ אֵין חַיָיבִין בְּאַחֲרָיוּתָן:

MISHNAH: The only difference between one who is under a vow {not to have} usufruct from another221Mishnah Nedarim 4:1. A is restricted in that B made a vow that A may have no usufruct from him. (If A makes a vow that B may have no usufruct of him, the active mode is used.) and one who is under a vow about use of food is passing through his real estate222Setting his foot on the other’s property. and vessels that cannot be used to prepare food. The only difference between vows and voluntary gifts223Dedications of animals as Temple sacrifices. is that for vows one is responsible if they died or were lost, and for voluntary gifts one is not responsible if they died or were lost.

MISHNAH: The only difference between one who is under a vow {not to have} usufruct from another221Mishnah Nedarim 4:1. A is restricted in that B made a vow that A may have no usufruct from him. (If A makes a vow that B may have no usufruct of him, the active mode is used.) and one who is under a vow about use of food is passing through his real estate222Setting his foot on the other’s property. and vessels that cannot be used to prepare food. The only difference between vows and voluntary gifts223Dedications of animals as Temple sacrifices. is that for vows one is responsible if they died or were lost, and for voluntary gifts one is not responsible if they died or were lost.

1:7:2

הלכה: הָא דָבָר שֶׁעוֹשִׂין בּוֹ אוֹכֶל נֶפֶשׁ אָסוּר. לֹא מִמַּאֲכָל נָדַר. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אָמַר. כֵּינִי מַתְנִיתָא. אֵין בֵּין הַמּוּדָּר הֲנָיָיה מֵחֲבֵירוֹ לַמּוּדָּר הֲנָיַית מַאֲכָל מֵחֲבֵירוֹ. וְתַנֵּיי דְּבֵית רִבִּי כֵן. הַמּוּדָּר הֲנָיַית מַאֲכָל מֵחֲבֵירוֹ לֹא יַשְׁאִילֶנּוּ נָפָה וּכְבָרָה רֵיחַיִם וְתַנּוּר. תַּנֵּי. אֲבָל מַשְׁאִיל הוּא לוֹ כוֹסוֹת וּקְעָרוֹת וְתַמְחוּיִין. שֶׁאֵינָן מְהַנִּין אֶת הָאוֹכֶל אֲבָל מַכְנִיסִין אֶת הָאוֹכֶל. לָפַּסִּין וּקְדֵירוֹת אָסוּר. לִטְחוֹן וְלִדְרוֹךְ אָסוּר. לִקְצוֹר צְרִיכָה. לִבְצוֹר צְרִיכָה. הֲנָיַית מַאֲכָל מָהוּ. תַּנֵּי. אֲבָל מַשְׁאִילוֹ הוּא קוֹרְדּוֹם. הֲוִינָן סָבְרִין מֵימַר. בְּקָרְדּוֹם שֶׁלְבִּיקּוּעַ. תִּיפְתָּר בְּקוֹרְדּוֹם שֶׁלְנִיכוּשׁ. וְלֵית שְׁמַע מִינָּהּ כְּלוּם. רִבִּי אָבוּנָא אָמַר. רִבִּי יִרְמְיָה בָעֵי. הָהֵן זוסטה מִכֵּיוָן שֶׁהוּא מַרְחִיק וְאַתְּ חֲשַׁר בֵּיהּ קִימְחָא. כְּמִי שֶׁהוּא נָפָח.

HALAKHAH: 224This is copied from Nedarim 4:1 (Notes 5–12, נ) since it refers to parts of Mishnah Nedarim 4:1 not repeated in Megillah 1:9. Cf. Babli Nedarim 33a. Therefore vessels used to prepare food are forbidden. But did he not make the vow about food? Rebbi Simeon ben Laqish: so is the Mishnah: The only difference between one who is under a vow {not to have} usufruct from another and one who is under a vow about use for food. In the House of Rebbi it was stated thus: “One who is under a vow about use225This is the text of Mishnah Nedarim 4:1 in the Yerushalmi; in the Babli “use for” is missing. It indicates that the original Yerushalmi Mishnah was the same as the Babli. of food should not borrow from him a fine or coarse sieve, a grindstone, or an oven.” It was stated: But he may borrow from him cups and bowls and fruit bowls, since these are not used to prepare food, only to serve food. Pans226Greek λοπάς. and pots are forbidden. To mill grain and to press grapes is forbidden. Harvesting grain is a problem, harvesting grapes is a problem. What kind of usufruct of food? It was stated: But he may borrow an axe from him. We wanted to say, an axe to split. Explain it by a hatchet for weeding, and you cannot infer anything. Rebbi Abuna said, that zwsta227Neither the form given in Megillah nor that in Nedarim are satisfactorily explained. since one removes and separates the bran from flour with it, it is like a sieve.

HALAKHAH: 224This is copied from Nedarim 4:1 (Notes 5–12, נ) since it refers to parts of Mishnah Nedarim 4:1 not repeated in Megillah 1:9. Cf. Babli Nedarim 33a. Therefore vessels used to prepare food are forbidden. But did he not make the vow about food? Rebbi Simeon ben Laqish: so is the Mishnah: The only difference between one who is under a vow {not to have} usufruct from another and one who is under a vow about use for food. In the House of Rebbi it was stated thus: “One who is under a vow about use225This is the text of Mishnah Nedarim 4:1 in the Yerushalmi; in the Babli “use for” is missing. It indicates that the original Yerushalmi Mishnah was the same as the Babli. of food should not borrow from him a fine or coarse sieve, a grindstone, or an oven.” It was stated: But he may borrow from him cups and bowls and fruit bowls, since these are not used to prepare food, only to serve food. Pans226Greek λοπάς. and pots are forbidden. To mill grain and to press grapes is forbidden. Harvesting grain is a problem, harvesting grapes is a problem. What kind of usufruct of food? It was stated: But he may borrow an axe from him. We wanted to say, an axe to split. Explain it by a hatchet for weeding, and you cannot infer anything. Rebbi Abuna said, that zwsta227Neither the form given in Megillah nor that in Nedarim are satisfactorily explained. since one removes and separates the bran from flour with it, it is like a sieve.

1:7:3

אֵי זֶהוּ נֶדֶר שֶׁאָמְרוּ. בָּאוֹמֵר. הֲרֵי עָלַי עוֹלָה. וְאֵי זוֹ הִיא נְדָבָה שֶׁאָמְרוּ. בָּאוֹמֵר. הֲרֵי זוֹ עוֹלָה. רִבִּי חָמָא חַבֵרִין דְּרַבָּנִן בָּעֵי. אָמַר. הֲרֵי עָלַי. וְחָזַר וְאָמַר. הֲרֵי זֶה. רִבִּי חִינְנָה בָעֵי. לֹא מִסְתַּבְּרָא [דִּידָהּ] אָמַר. הֲרֵי זֶה. וְחָזַר וְאָמַר. הֲרֵי עָלַי. אִיסּוּר חָמוּר חָל עַל אִיסּוּר קַל. אֵין אִיסּוּר קַל חָל עַל אִיסּוּר חָמוּר.

228His obligation is extinguished only by the offering of a qualified animal as sacrifice, irrespective of other circumstances.“What is the vow about which they spoke? He who says, on me is the obligation for an elevation offering229His obligation is limited to this particular animal. If it dies or develops a disqualifying blemish, his obligation is terminated.. What is the voluntary gift about which they spoke? He who says, this one is for an elevation offering.”230Mishnah Qinnim 1:1. Babli 8a, Roš Haššanah 6a, Ḥulin 139a. Rebbi Ḥama the colleague of the rabbis asked, if he said, “on me is the obligation”, and came back and said, “this one is”231Is this a new obligation or is it a dedication of a specific animal intended to fulfill its prior general obligation? It is presumed that the second statement immediately follows the first.? Rebbi Ḥinena asked, would it not be reasonable if he said, “this one is”, and came back and said, “on me is the obligation”? A severe prohibition falls one a simple prohibition but a simple prohibition does not fall on a severe prohibition232In the second case, the voluntary gift is transformed into a vow. In the first case, the vow is not transformed into a voluntary gift..

228His obligation is extinguished only by the offering of a qualified animal as sacrifice, irrespective of other circumstances.“What is the vow about which they spoke? He who says, on me is the obligation for an elevation offering229His obligation is limited to this particular animal. If it dies or develops a disqualifying blemish, his obligation is terminated.. What is the voluntary gift about which they spoke? He who says, this one is for an elevation offering.”230Mishnah Qinnim 1:1. Babli 8a, Roš Haššanah 6a, Ḥulin 139a. Rebbi Ḥama the colleague of the rabbis asked, if he said, “on me is the obligation”, and came back and said, “this one is”231Is this a new obligation or is it a dedication of a specific animal intended to fulfill its prior general obligation? It is presumed that the second statement immediately follows the first.? Rebbi Ḥinena asked, would it not be reasonable if he said, “this one is”, and came back and said, “on me is the obligation”? A severe prohibition falls one a simple prohibition but a simple prohibition does not fall on a severe prohibition232In the second case, the voluntary gift is transformed into a vow. In the first case, the vow is not transformed into a voluntary gift..

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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