Translation:Talmud/Seder Nashim/Tractate Nedarim/13b

Introduction to Chapter II edit

Having learned in the first chapter about the types of vows that take effect (to create a prohibition), the Tanna begins the second chapter with a list of those vows that do not work (and thus the maker of the vow does not become bound by a prohibition). These are refered to as "permitted vows".

Mishnah edit

The following vows are permitted:

  • "Chullin (nonsacred meat, as opposed to Korban) [shall it be] that [which] I eat from you."

Instead of using korban for hatfasah (transfership), as in a normal vow ("Your food should become [forbidden] to me like a Korban") — which works because one "transfers" the prohibition against deriving personal benefit from a korban, and applies that prohibition to his friend's food — rather, here one uses chullin for hatfasah ("Your food shall become to me like chullin"). Such a vow is obviously permitted, since it is impossible to transfer a prohibition from chullin, which is not prohibited. Because this particular point is so obvious, the Gemara will discuss why it is necessary for the Tanna to mention it.

  • "[That which I eat from yours shall become to me] like pig meat."
  • "[...] like idols."
  • "[...] like the flesh over the heart." (It was ancient pagan practice to carve out the flesh directly over the heart while the animal was still living, and to offer that flesh as a sacrifice to their gods.)
  • "[...] like insects"; "like creeping creatures".
  • "[...] like the bread of Aaron", and "like [Aaron's] Terumah'".

All of the above are permitted. (The Gemara will discuss why the Tanna repeats that they are permitted.)

The reason why these are all permitted in that, besides needing to transfer prohibition from a prohibited object, that object also needs to be prohibited as a result of human speech, the way a korban is a regular animal until someone sanctifies it verbally. The rationale for this is simply that the only way one can transfer a prohibition is if he did or could have created it in the first place. Although pig meat, idols, and the other things listed in the Mishna are all forbidden objects, they are that way because the Torah prohibited them, and not because of any voluntary human action. Therefore, it is impossible for hatfasah to work using these items.