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Babylonian Talmud: Tractate Nedarim

Folio 61a

Shall we say, [literally,] as taught? [Then] why state it?1  Hence it must surely mean that he vowed 'a year':2  this proves that 'a year' is as 'this year', and [consequently], 'a day' as 'to-day'! — No! In truth, it means that he vowed, 'this year'; yet I might think that the majority of years should be followed, which have no intercalated months;3  therefore we are taught [otherwise].

The scholars propounded: What if one vows, 'Konam, if I taste wine a Jubilee':4  Is the fiftieth year [counted] as before the fiftieth or as after?5  Come and hear: For a conflict of R. Judah and the Rabbis has been taught: And ye shall hallow the fiftieth year:6  you must count it as the fiftieth year, but not as the fiftieth and as the first year [of the following jubilee].7  Hence they [the Sages] said: The Jubilee is not part of the [following] septennate. R. Judah maintained: The Jubilee is counted as part of the septennate. Said they to R. Judah, But Scripture saith, six years shalt thou sow thy field,8  whereas here there are only five!9  He replied: But on your view, Surely it is said, and it shall bring forth fruit for three years.'10  whereas here there are four!11  But it can be referred to other Sabbatical years; hence mine too12  must be thus explained.

'UNTIL PASSOVER', HE IS FORBIDDEN etc. Shall we say that R. Meir holds that a man does not place himself.

To Part b
Original footnotes renumbered.
  1. It is obvious, since the addition is an integral part of the year.
  2. Only then is it necessary to state that the addition is forbidden him, i.e., 'a year' is as 'this year': for if it implied 'one year', he should be forbidden exactly twelve months.
  3. Hence the intercalated month is permitted.
  4. Ran observes that since the former problem is left unsolved, a day' would be the equivalent of 'one day' (since when in doubt the more stringent interpretation is adopted), and consequently a jubilee as one jubilee, and the problem cannot arise. Therefore he must have vowed 'this (the) jubilee'.
  5. On the former supposition it is forbidden; on the latter it is permitted.
  6. Lev. XXV, 10.
  7. I.e., that year is the fiftieth, the jubilee, and it cannot be counted also as the first of the following fifty and seven year. cycles.
  8. Ibid. 3.
  9. Since there is no sowing in the jubilee year.
  10. Ibid. 21.
  11. The forty-eighth year produce must suffice for itself, the forty-ninth, which is a Sabbatical year, the fiftieth, which is Jubilee, and until the harvesting of the fifty-first. This is a difficulty on any view, R. Judah's included: he posits it merely to prove that the Biblical statements about the Sabbatical year do not in any case apply to the Jubilee period, even on the view of the Rabbis.
  12. I.e., the verse by which you desire to refute me.
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Nedarim 61b

 in a doubtful position, whilst R. Jose maintains that he does place himself in a doubtful position?1  But the following contradicts it: If a man has two groups of daughters by two wives, and he declares, 'I have given one of my elder daughters in betrothal,2  but do not know whether it was the eldest of the senior3  group or of the junior group, or the youngest of the senior group, who is older than the eldest of the junior group': they are all forbidden,4  except the youngest of the junior group:5  this is R. Meir's view. R. Jose said: They are all permitted except the eldest of the senior group.6  — Said R. Hanina b. Abdimi in Rab's name: The passage must be reversed.7  And it was taught [even so]: This is a general principle: That which has a fixed time, and one vows, until the turn [pene] thereof, — R. Meir said: It means, until it goes; R. Jose maintained: Until it arrives.

MISHNAH. [IF HE VOWS,] 'UNTIL THE HARVEST, 'UNTIL THE VINTAGE, OR, UNTIL THE OLIVE HARVEST,' HE IS FORBIDDEN (ONLY UNTIL IT ARRIVES. THIS IS A GENERAL RULE WHATEVER HAS A FIXED TIME AND ONE VOWS, 'UNTIL IT ARRIVES, HE IS FORBIDDEN UNTIL IT ARRIVES; IF HE DECLARES, 'UNTIL IT BE', HE IS FORBIDDEN UNTIL IT GOES. BUT WHATEVER HAS NO FIXED TIME, WHETHER ONE VOWS, 'UNTIL IT BE,' OR 'UNTIL IT ARRIVES,' HE IS FORBIDDEN ONLY UNTIL IT ARRIVES. [IF HE SAYS,] 'UNTIL THE SUMMER [HARVEST],'8  OR, 'UNTIL THE SUMMER [HARVEST] SHALL BE,' [HE IS FORBIDDEN] UNTIL PEOPLE BEGIN TO BRING [THE FIGS] HOME IN BASKETS;' UNTIL THE SUMMER [HARVEST] IS PAST,' [IT MEANS] UNTIL THE KNIVES9  ARE FOLDED UP [AND LAID AWAY].10

GEMARA. A tanna taught: The basket referred to is the basket of figs, not of grapes.11  It was taught: He who vows [abstinence] from summer fruits, is forbidden only figs. R. Simeon b. Gamaliel said: Grapes are include din figs.12  What is the reason of the first Tanna? He holds that figs are plucked off by hand, whilst grapes are not plucked off by hand;13  whereas R. Simeon b. Gamaliel maintains, Grapes too are plucked off by hand when quite ripe.14

UNTIL THE SUMMER [HARVEST] IS PAST,' [IT MEANS] UNTIL THE KNIVES ARE FOLDED UP [AND LAID AWAY]. A Tanna taught: Until most of the knives have been put away.

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Original footnotes renumbered.
  1. The expression until pene — or lifene — is a doubtful one. v. supra p. 191. n. 3. R. Meir, on this hypothesis, holds that when one vows he intends his words to hear only that meaning which can with certainty be attributed to them, not desiring to be in a position of doubt; while R. Jose controverts it.
  2. A father could betroth his daughter, if a minor, even without her knowledge; though v. Kid. 41a.
  3. I.e., by his first wife.
  4. Both to the groom, since they may be sisters of the betrothed, and to others, being possibly betrothed themselves.
  5. Who is permitted to strangers, since she is definitely not 'the elder'.
  6. This shews that in R. Meir's view one intends his words or actions to bear even a meaning which can be attributed to it only with doubt, and R. Jose holds the opposite.
  7. I.e., the authorities of our Mishnah.
  8. The time for this is not fixed.
  9. Used for cutting off the figs from the tree.
  10. Other meanings: until the figs are arranged in layers; until the matting, on which the gigs are dried, is folded up.
  11. I.e., he is forbidden only until the figs are brought in in baskets, not the grapes, which are gathered in slightly later.
  12. I.e., in summer fruits.
  13. [H], the Heb. for summer (fruits), denotes the gathering or plucking (of the fruits). But as grapes are cut off from the vine with a pruning knife, the term is inapplicable in their case.
  14. Lit., 'when about to be detached' (from the tree). Asheri. [Rashi: 'overripe'. Jast: 'when their stems are thin', cf. Ran.]
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