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Steinsaltz

a negative statement you can infer a positive statement? How then can it be inferred that it should be like an offering? And if it is rather the opinion of Rabbi Yehuda, who disagrees with Rabbi Meir in this matter, the ruling of the mishna is superfluous, as this is identical to the ruling of the mishna in the first clause. The mishna above (10b) already established that a vow that uses the term laḥullin takes effect.

The Gemara answers: The ruling is superfluous. However, since the mishna teaches that the vow does not take effect when he says that the food will be like pig meat or like an object of idol worship, it therefore teaches incidentally that this ruling also applies when he says that it will be non-sacred.

Ravina said that this is what the mishna is teaching: And these are the vows that do not take effect at all and therefore the item mentioned in the vow remains permitted: One who said that a certain item will be like non-sacred food, or like pig meat, or like an object of idol worship. And if it did not teach the case of non-sacred food, I would say that although the vow does not take effect, it still requires, by rabbinic law, a request to a halakhic authority for its dissolution.

The Gemara asks: But is there any reason to consider this interpretation? But from the fact that the latter clause teaches with regard to a man who says to his wife: You are hereby to me like my mother, that dissolution is broached with him by suggesting a different extenuation, it may be inferred that the vow in the first clause does not necessitate a request to a halakhic authority. Rather, the interpretation of Ravina must be rejected, and it is clear that the case of non-sacred food was cited tangentially to the other cases in the mishna.

§ With regard to the principle that a prohibition cannot be created by associating a permitted item with one forbidden by Torah law, the Gemara asks: From where is this matter derived? The Gemara answers that the verse states: “When a man takes a vow to the Lord” (Numbers 30:3), which indicates that a vow does not take effect until one takes a vow by associating the status of an item that is forbidden by means of a vow with another item. If the item one is using to create the prohibition is forbidden by Torah law, the vow does not take effect.

The Gemara asks: If so, then even if the item in the vow is associated with an item forbidden by Torah law, the vow should also take effect, as following that phrase in the verse it is written: “To bind his soul with a bond [issar],” which indicates that the association can be with an item forbidden [asur] by Torah law. The Gemara answers: The phrase “To bind his soul with a bond” is necessary for that which is taught in a baraita (12a): What is the bond mentioned in the Torah. The baraita derives from this phrase that a vow that associates the relevant item with an item whose prohibition was created by a pre-existing vow takes effect, but one whose prohibition is by Torah law does not take effect.

§ It is stated in the mishna that with regard to a man who says to his wife: You are hereby to me like my mother, dissolution is broached with him suggesting a different extenuation, i.e., by rabbinic law it is treated like an actual vow and it requires dissolution by a halakhic authority. The Gemara raises a contradiction from a baraita that states that if a man says to his wife: You are hereby to me like the flesh of my mother, or like the flesh of my sister, or like the fruit of a tree during the first three years after its planting [orla], or like forbidden mixtures of diverse kinds planted in a vineyard, all forbidden items, he has said nothing. This indicates that he does not even have to make a request to a halakhic authority.

Abaye said: He has said nothing by Torah law, as the vow does not take effect. However, he needs to make a request to a halakhic authority by rabbinic law. Rava said: That baraita is referring to Torah scholars, who are aware that this vow does not take effect. This mishna, on the other hand, is referring to an ignoramus, with regard to whom a rabbinic ordinance is necessary lest they take vows lightly.

The Gemara comments: And it is taught in a baraita: One who takes a vow by associating an item with a Torah scroll has not said anything, i.e., the vow does not take effect. And Rabbi Yoḥanan said: But nevertheless, he needs to make a request to a halakhic authority for dissolution of the vow. And Rav Naḥman said: And if he is a Torah scholar he does not need to make a request. The postulation of Rava, which states that with regard to some vows that do not take effect it is necessary to make a request to a halakhic authority only if they are taken by an ignoramus, can be seen from here.

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
אדם סלומון
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