אֶלָּא לְרָבָא קַשְׁיָא!

But according to Rava’s opinion, that association with an oath is not considered an oath, the baraita poses a difficulty, as it indicates that association with a vow is considered a vow; a corresponding rule should apply to an oath.

אָמַר לָךְ רָבָא, תְּרֵיץ וְאֵימָא הָכִי: אֵיזֶהוּ אִיסַּר נֵדֶר הָאָמוּר בַּתּוֹרָה? הָאוֹמֵר: ״הֲרֵי עָלַי שֶׁלֹּא אוֹכַל בָּשָׂר וְשֶׁלֹּא אֶשְׁתֶּה יַיִן כְּיוֹם שֶׁמֵּת בּוֹ אָבִיו״, ״כְּיוֹם שֶׁנֶּהֱרַג בּוֹ פְּלוֹנִי״. וְאָמַר שְׁמוּאֵל: וְהוּא שֶׁנָּדוּר וּבָא מֵאוֹתוֹ הַיּוֹם;

The Gemara answers: Rava could say to you: Resolve the difficulty posed by the baraita and say that the baraita teaches this: Which is the bond of a vow mentioned in the Torah? When is a bond, i.e., the acceptance of a prohibition on oneself, considered a vow? According to Rava, “bond” in the verse is not referring to association. Rather, it is referring to one who says: It is incumbent upon me that I will not eat meat and that I will not drink wine like on the day that his, i.e., my, father died, or: Like on the day that so-and-so was killed. And Shmuel says: This is the halakha only when he is prohibited from eating meat and drinking wine by vow since that day, e.g., the day his father died.

מַאי טַעְמָא? אָמַר קְרָא ״אִישׁ כִּי יִדֹּר נֶדֶר לַה׳״, עַד שֶׁיִּדּוֹר בְּדָבָר הַנָּדוּר.

What is the reason for Shmuel’s caveat? The verse states: “When a man vows a vow to the Lord” (Numbers 30:3). The redundancy in the phrase “vows a vow” teaches that when one associates a vow with another prohibition, it does not take effect unless he vows by associating it with an item forbidden by means of a vow. Association is derived from this verse and is limited to vows.

״כְּיוֹם שֶׁמֵּת בּוֹ אָבִיו״, פְּשִׁיטָא! ״כְּיוֹם שֶׁנֶּהֱרַג בּוֹ גְּדַלְיָה בֶּן אֲחִיקָם״ אִיצְטְרִיךְ לֵיהּ, סָלְקָא דַעְתָּךְ אָמִינָא: כֵּיוָן דְּכִי לָא נָדַר נַמִי אָסוּר – כִּי נָדַר נַמִי לָא הָוְיָא עֲלֵיהּ אִיסּוּר, וְהַאי לָאו מִיתְפִּיס בְּנֵדֶר הוּא, קָא מַשְׁמַע לָן.

The Gemara discusses the baraita : One who says: It is incumbent upon me that I will not eat meat and that I will not drink wine like on the day that his father died. The Gemara asks: Isn’t it obvious that he is prohibited from eating meat and drinking wine? Why does the baraita need to mention the specific example of a vow concerning the day his father died? The Gemara answers: It was necessary that the baraita state that the vow takes effect for the sake of the other example: Like on the day that Gedaliah ben Ahikam was killed. Otherwise, it may enter your mind to say: Since, even if he did not vow to refrain from eating meat or drinking wine on that day they would be prohibited to him anyway, as it is a public fast day, when he did vow to refrain from eating and drinking on that day, the prohibition of the vow would not take effect on him, and that subsequent vow would then not be associated with a vow, but with an ordinary prohibition. Therefore, the baraita teaches us that the vow made on the fast day takes effect and the second vow can be associated with it.

וְאַף רַבִּי יוֹחָנָן סָבַר לָהּ לְהָא דְּרָבָא; דְּכִי אֲתָא רָבִין אָמַר רַבִּי יוֹחָנָן: ״מִבְטָא לֹא אוֹכַל לְךָ״, ״אִיסָּר לֹא אוֹכַל לְךָ״ – שְׁבוּעָה.

The Gemara comments: And Rabbi Yoḥanan also holds in accordance with this opinion of Rava that a bond is not an association with an oath, but an oath itself, as when Ravin came from Eretz Yisrael to Babylonia he reported that Rabbi Yoḥanan says: If one says: By my clear utterance I will not eat of yours, or: On my bond I will not eat of yours, it is an oath.

כִּי אֲתָא רַב דִּימִי אָמַר רַבִּי יוֹחָנָן: ״אוֹכַל״ וְ״לֹא אוֹכַל״ – שֶׁקֶר, וְאַזְהָרָתֵיהּ מֵהָכָא: ״לֹא תִשָּׁבְעוּ בִשְׁמִי לַשָּׁקֶר״; ״אָכַלְתִּי״ וְ״לֹא אָכַלְתִּי״ – שָׁוְא, וְאַזְהָרָתֵיהּ מֵהָכָא: ״לֹא תִשָּׂא אֶת שֵׁם ה׳ אֱלֹהֶיךָ לַשָּׁוְא״;

§ When Rav Dimi came from Eretz Yisrael, he reported that Rabbi Yoḥanan says: If one takes an oath, saying: I will eat, or: I will not eat, relating to the future, and does not fulfill it, it is a false oath. And its prohibition in the Torah is from here: “And you shall not take an oath by My name falsely, so that you profane the name of your God; I am the Lord” (Leviticus 19:12). If one takes an oath, saying: I ate, or: I did not eat, relating to past actions, and it is a lie, it is an oath taken in vain, and its prohibition in the Torah is from here: “You shall not take the name of the Lord your God in vain; for the Lord will not absolve of guilt he that takes His name in vain” (Exodus 20:7).

קוֹנָמוֹת – עוֹבֵר בְּ״לֹא יַחֵל דְּבָרוֹ״.

Rav Dimi continued: With regard to vows where one states that an item is forbidden like an offering [ konamot ], if he subsequently derives benefit from that item, one violates the prohibition: “When a man vows a vow to the Lord, or takes an oath to bind his soul with a bond, he shall not break his word; he shall do according to all that proceeds out of his mouth” (Numbers 30:3).

מֵיתִיבֵי: שָׁוְא וְשֶׁקֶר אֶחָד הֵן; מַאי לָאו מִדְּשָׁוְא לְשֶׁעָבַר, אַף שֶׁקֶר נַמִי לְשֶׁעָבַר; אַלְמָא ״אָכַלְתִּי״ וְ״לֹא אָכַלְתִּי״ – שֶׁקֶר הוּא!

The Gemara raises an objection from a baraita : The prohibitions against taking an oath in vain and taking a false oath are one. The Gemara suggests: What, is the baraita not teaching that if an oath taken in vain refers to the past, a false oath also refers to the past? Apparently, the statements: I ate, and: I did not eat, are both false oaths, contrary to Rabbi Yoḥanan’s statement that a false oath is one that relates to the future.

מִידֵי אִירְיָא? הָא כִּדְאִיתָא וְהָא כִּדְאִיתָא. וּמַאי דָּבָר אֶחָד הֵן? דִּבְדִיבּוּר אֶחָד נֶאֶמְרוּ, כִּדְתַנְיָא: ״זָכוֹר״ וְ״שָׁמוֹר״ בְּדִיבּוּר אֶחָד נֶאֶמְרוּ, מַה שֶּׁאֵין יָכוֹל הַפֶּה לְדַבֵּר, וּמַה שֶּׁאֵין הָאוֹזֶן יָכוֹל לִשְׁמוֹעַ.

The Gemara answers: Are the cases comparable? This case, of a false oath, is as it is and that case, of an oath taken in vain, is as it is. What, then, is the meaning of the assertion of the baraita that they are one? It is that both were spoken in a single utterance at the giving of the Torah, like that which is taught in a baraita : “Remember the Sabbath day, to keep it holy” (Exodus 20:8), and: “Observe the Sabbath day, to keep it holy” (Deuteronomy 5:12), were spoken in one utterance, in a manner that the human mouth cannot say and that the human ear cannot hear.

בִּשְׁלָמָא הָתָם בְּדִיבּוּר אֶחָד נֶאֶמְרוּ – כִּדְרַב אַדָּא בַּר אַהֲבָה, דְּאָמַר רַב אַדָּא בַּר אַהֲבָה: נָשִׁים חַיָּיבוֹת בְּקִידּוּשׁ הַיּוֹם דְּבַר תּוֹרָה, דְּאָמַר קְרָא: ״זָכוֹר״ וְ״שָׁמוֹר״, כָּל שֶׁיֶּשְׁנוֹ בִּשְׁמִירָה יֶשְׁנוֹ בִּזְכִירָה, וְהָנֵי נָשֵׁי הוֹאִיל וְאִיתְנְהוּ בִּשְׁמִירָה אִיתְנְהוּ נַמִי בִּזְכִירָה. אֶלָּא הָכָא לְמַאי הִלְכְתָא מִיבָּעֵי לֵיהּ?

The Gemara asks: Granted, there, “remember” and “observe” were spoken in a single utterance in order to teach the halakha that Rav Adda bar Ahava says; as Rav Adda bar Ahava says: Women are obligated to recite kiddush sanctifying the seventh day, by Torah law, even though it is a positive, time-bound mitzva, since the verses state: “Remember,” and: “Observe,” indicating that anyone who is obligated to observe, i.e., is prohibited from performing labor on Shabbat, is obligated to remember, by reciting kiddush . And these women, since they are obligated to observe, they also are obligated to remember. But here, with regard to the prohibitions against taking a false oath and taking an oath in vain, for what halakha is it necessary for them to have been spoken in a single utterance?

אֶלָּא, כְּשֵׁם שֶׁלּוֹקֶה עַל שָׁוְא, כָּךְ לוֹקֶה נַמִי עַל שֶׁקֶר.

The Gemara explains: Rather, the two prohibitions were spoken together to teach that just as one is flogged for taking an oath in vain, so is one also flogged for taking a false oath.

כְּלַפֵּי לַיָּיא? אֶלָּא אֵימָא: כְּשֵׁם שֶׁלּוֹקֶה עַל שֶׁקֶר, כָּךְ לוֹקֶה נַמִי עַל שָׁוְא.

The Gemara asks: Isn’t it the opposite [ kelapei layya ]? It is clear that one receives lashes for taking a false oath about the future, which one violates with an action, but an oath taken in vain about the past is merely a verbal pronouncement. Rather, say like this: Just as one is flogged for taking a false oath, i.e., violating one’s oath about the future, so is one also flogged for taking an oath in vain.

פְּשִׁיטָא, הַאי לָאו וְהַאי לָאו! מַהוּ דְּתֵימָא כְּדַאֲמַר לֵיהּ רַב פַּפָּא לְאַבַּיֵי: לֹא יְנַקֶּה כְּלָל,

The Gemara asks: Why must the baraita state that one is flogged for either type of oath? Isn’t it obvious? This is a prohibition and that is a prohibition, and for both one is liable to receive lashes. The Gemara answers: Lest you say as Rav Pappa said to Abaye, that the verse: “For the Lord will not absolve of guilt he that takes His name in vain” (Exodus 20:7), might indicate that God will not absolve him at all, and even if he is punished he cannot atone for his sin,