Talmud - Nedarim 20a נדרים כ׳ א׳

MISHNA: One who took a vow by associating an item with a dedication [ḥerem], saying: This item is hereby forbidden to me like an item dedicated to the Temple, and then said: I took a vow only with the intention that it would be like a sea net [ḥermo shel yam] that is used to catch fish; or one who took a vow by associating an item with an offering, and then said: I took a vow only with reference to offerings to kings, i.e., a gift for a king, not an offering to God.

Or one who said: I am hereby an offering myself [atzmi], and then said: I took a vow only with reference to a bone [etzem] that I set aside for myself to vow with, as atzmi means both myself and my bone, i.e., he set aside a bone so as to pretend to take a vow upon himself; or one who said: Deriving benefit from me is konam for my wife, and then said: I took a vow only with regard to my first wife whom I divorced, not with regard to my current wife.

For all of the above vows, those who took them do not need to request of a halakhic authority to dissolve them, as the speaker interpreted the vows in a manner that caused them not to take effect at all. However, if they requested dissolution, apparently due to their being uncertain of their explanations, the court punishes them and treats them stringently and the vows are not dissolved. This is the statement of Rabbi Meir.

And the Rabbis say: These vows are not treated stringently. Rather, dissolution is broached with them by suggesting a different extenuation, i.e., the halakhic authority suggests extenuating circumstances that undermine the vow but do not pertain to its wording. And we teach them that they should not take this kind of vow in the future, in order that they will not take vows lightly.

GEMARA: This matter is itself difficult. On the one hand, you said they do not need to request to dissolve them, and then it is taught that if they requested dissolution, the court punishes them and treats them stringently, i.e., the vows took effect and the vows are not dissolved.

Rav Yehuda said that this is what the mishna is teaching: All of these vows do not need a request. However, in what case is this statement said? In the case of a Torah scholar, who knows that these vows do not take effect, and he obviously did not intend for them to take effect in the first place. However, in the case of an ignoramus who comes to request dissolution of the vow, the court punishes him and treats him stringently.

The Gemara asks: Granted, the court treats him stringently in that the halakhic authorities do not broach dissolution with him merely by means of regret; rather, extenuating circumstances must be found. However, what are the circumstances in which the court punishes him?

The Gemara answers that the circumstances are as it is taught in a baraita: With regard to one who vowed to be a nazirite and violated his naziriteship, the halakhic authority does not attend to him to dissolve his vow until he observes the prohibitions of naziriteship for the same number of days in which he behaved with permissiveness concerning the restrictions of a nazirite. This is the statement of Rabbi Yehuda. Rabbi Yosei said: In what case is this statement, that he must observe naziriteship for a period of time corresponding to his vow, said? It is said in the case of a short term of naziriteship, which is not longer than the minimum thirty days. However, in the case of a long term of naziriteship it is enough for him to observe it for thirty days, even if he violated it for a greater number of days. This explains the punishment mentioned in the mishna: An ignoramus who requests the dissolution of his vow must first observe the vow for a certain period of time.

Rav Yosef said: Since the Sages say that the halakhic authority does not attend to him, a court that does attend to him and dissolves his vow immediately is not acting properly. Rav Aḥa bar Yaakov says: A halakhic authority who dissolves the vow prematurely is excommunicated.

§ It is stated in the mishna that the Rabbis say: Dissolution is broached with him by suggesting a different extenuation, and he is taught not to take this kind of vow so that he will not take vows lightly. It is taught in a baraita: Never be accustomed to taking vows, because ultimately you will disregard them, and you will even abuse oaths, which are more grave. And do not regularly be around an ignoramus, because ultimately he will feed you untithed produce, as he is not careful to tithe. Do not regularly be by an ignorant priest, because ultimately he will feed you teruma due to his close relationship with you, and teruma is forbidden to a non-priest. And do not talk extensively with a woman, because ultimately you will come to adultery.

Rabbi Aḥa, son of Rabbi Yoshiya, says: Anyone who watches women will ultimately come to sin, and anyone who looks at the heel of a woman will have indecent children as a punishment. Rav Yosef said: And this relates to all women, including his wife when she has the status of a menstruating woman. Rabbi Shimon ben Lakish said: The heel of a woman that is mentioned is not the heel of the foot, but the place of uncleanliness, i.e., the genitalia, and it is called a heel as a euphemism, as it is situated opposite the heel.

§ It is taught in a baraita: “That His fear may be upon your faces” (Exodus 20:17); this is referring to shame, as shame causes one to blush. “That you not sin” (Exodus 20:17) teaches that shame leads to fear of sin. From here the Sages said: It is a good sign in a person that he is one who experiences shame. Others say: Any person who experiences shame will not quickly sin, and conversely, one who does not have the capacity to be shamefaced, it is known that his forefathers did not stand at Mount Sinai.

§ Rabbi Yoḥanan ben Dehavai said: The ministering angels told me four matters: For what reason do lame people come into existence? It is because their fathers overturn their tables, i.e., they engage in sexual intercourse in an atypical way. For what reason do mute people come into existence? It is because their fathers kiss that place of nakedness. For what reason do deaf people come into existence? It is because their parents converse while engaging in sexual intercourse. For what reason do blind people come into existence? It is because their fathers stare at that place.

And the Gemara raises a contradiction: Imma Shalom, the wife of Rabbi Eliezer ben Hyrcanus, was asked: For what reason

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Nedarim 20a examines wordplay-based vow annulments, like reinterpreting cherem or atzmi, and whether Rabbi Meir or the Rabbis require formal dissolution.