Yerushalmi Shevuot 3:2 ירושלמי שבועות ג׳:ב׳

MISHNAH: An oath that I shall not eat, when he ate and drank⁴Since the general acceptation of “eating” is “ingesting nourishment”, this is the meaning of the word if used in an oath unless the wording of the oath clearly indicates that a more narrow meaning is intended, such as “ingesting solid food”. he is liable only for one. An oath that I shall not eat or drink, when he ate and drank he is liable for two.

HALAKHAH: “An oath that I shall not eat; when he ate,” etc. ²⁶The entire Halakhah does not refer to Mishnah 2 but to the last part of Mishnah 1 where it is stated that an oath to refrain from eating includes a prohibition of drinking but separate oaths for solid and fluid food mean just that. The text is a slightly inaccurate copy of a text in Ma`aser ŠœŠeni2:1, Notes 8–23 and Yoma8:3 (45a); a parallel discussion is in the Babli, 22b–23a. The essence of the argument is that if one mentions eating, the accompanying drink is included, but speaking of drinking no solid food is intended. Drinking is subsumed under eating but eating is not subsumed under drinking. Rebbi Jonah understood all this from: Therefore, I told the Children of Israel, none of you shall eat blood<sup>27</sup>Lev. 17:12.. Where do we hold? If about congealed blood, was it not stated that congealed blood is neither food nor drink? <sup>28</sup>This text does not belong here; it was copied again from Halakhah 1, text between Notes 17,18.(But we hold, about minute amounts. Are minute amounts eating? Explain it following Rebbi Aqiba who said that a minute amount is eating.) And was it not stated: If one liquefied the blood and swallowed it, or froze fat and ate it, if there is the volume of an olive he is liable. What does Rebbi Jonah do with this? It is not food to become impure in the impurity of food, or fluid to become impure in the impurity of fluids. Rebbi Jonah changed and explained the Mishnah: You shall spend the money for anything you desire<sup>29</sup>Deut. 14:26. The argument is about the part of the verse which is not quoted, that the money of Second Tithe may be spent for all kinds of edibles, cattle and sheep, wine and liquor.. Where do we hold? If about one who gives the taste of wine into a cooked dish, is that not spoiling the taste? But we hold with everything and the Merciful called it “eating.” The rabbis of Caesarea said, explain if about gomraya and orzaraya<sup>30</sup>Ma`aser Šeni2:1, Note 16. For the second word the preferred reading seems to be that of the other two sources, אורזנייה, which may denote cedar resin (J. Levy) or a derivative of אוֹרֶז “rice”. The readings for the first word, גמרייה, גמזוזיניה, גומננייא show that the scribe did not know what to do with it; it may be a derivative of “gum” (gummi, κόμμι) (E. G.) used in the preparation of liquors., since anything that is auxiliary to food is like food.

Rebbi Yose understood all this from the following: “An oath that I shall not eat; when he ate and drank he is liable only for one.³¹Mishnah 1.” The colleagues said before Rebbi Yose, but it is said following this, “an oath that I shall not eat nor drink, when he ate and drank”³¹Mishnah 1. should he be liable only for one? Rebbi Yose told them, if somebody said, an oath that I shall not eat this loaf, and he continued, an oath that I shall not eat this other loaf, when he ate both of them would he not be guilty on two counts?

Rebbi Ḥanina³²In the parallel sources correctly: Ḥananiah. in the name of Rebbi Phineas understood all this from the following: “An oath that I shall not eat; when he ate inedible food and drank undrinkable fluids, he is not liable.³³Mishnah 5.” Therefore if he ate edible food and drank drinkable fluid he is liable.

Rebbi Abba³⁴In the parallel sources correctly: Abba Mari. understood all this from the following³⁵Mishnah Yoma8:1.: “If he ate and drank in one forgetting he is liable only once.”

Rebbi Ḥinena understood all this from the following: I did not eat from it in my mourning,³⁶Deut. 26:14 but I drank?

So far if he said, that I shall not eat, but he drank. If he said, that I shall not drink, but he ate? Drinking is subsumed under eating but eating is not subsumed under drinking.