Talmud - Nedarim 3a נדרים ג׳ א׳

Rather, the Mishna is not particular with regard to this matter, and there is no consistent pattern. Sometimes it explains first that subject with which it began, and sometimes it explains first that subject with which the introductory line in the mishna finished. And if you wish, say an alternate explanation of the order of the mishna here: With regard to intimations, since they are derived from the exposition of verses and are not explicitly mentioned in the Torah, the tanna cherishes them and explains them first.

The Gemara asks: If so, let him begin the mishna with that, i.e., intimations, first. The Gemara answers: The tanna begins with substitutes for the language of vows, which are written in the Torah, in the first clause, and then explains intimations, which are derived from the exposition of verses.

The Gemara asks: This works out well according to the one who said that substitutes for the language of vows are terms for vows in a foreign language. Consequently, they may be considered to have been written in the Torah, as vows are certainly valid regardless of the language in which they are expressed. However, according to the one who says that these substitute terms are simply language that the Sages invented for one to use in taking a vow so as to minimize using God’s name in expressing a vow, what can be said? These include novelties just as intimations do.

The Gemara responds: Does the mishna explicitly teach the halakha of intimations of vows? Do you not consider it incomplete, missing the phrase that mentions intimations? Once you are inserting this phrase into the mishna, you can also have it precede the clause about substitutes for the language of vows and teach the halakha of intimations at the beginning, so that the mishna reads as follows: All intimations of vows are like vows, and all substitutes for the language of vows are like vows. And these are intimations: One who says to his fellow: I am avowed from you, etc. And these are substitutes for the language of vows: Konam, konaḥ, konas.

§ Apropos the discussion of intimations of vows, the Gemara asks: And where are intimations of vows written, i.e., from where in the Torah is the halakha of intimations of vows derived? The Gemara explains that it is from the verse: “When a man or a woman shall clearly utter a vow, the vow of a nazirite [nazir], to consecrate [lehazir] himself to the Lord” (Numbers 6:2). And it was taught in a baraita that the doubled term “nazir lehazir” serves to render substitutes for the language of nazirite vows like nazirite vows, and intimations of nazirite vows like nazirite vows.

I have derived only intimations of nazirite vows; from where do I derive intimations of general vows? The verse states: “When a man or woman shall clearly utter a vow, the vow of a nazirite, to consecrate himself to the Lord.” This verse juxtaposes nazirite vows to other vows and other vows to nazirite vows: Just as with regard to nazirite vows, the verse rendered intimations of nazirite vows like nazirite vows, so too, with regard to vows, it rendered intimations of vows like vows.

And just as with regard to vows, one who breaks his vow transgresses the prohibition: He shall not profane (see Numbers 30:3), and if he does not fulfill his vow in time, he transgresses the prohibition: You shall not delay (see Deuteronomy 23:22), so too, with regard to nazirite vows, he transgresses the prohibition: He shall not profane, and the prohibition: You shall not delay. And furthermore, just as with regard to vows, a father may nullify the vows of his daughter and a husband may nullify the vows of his wife, as written explicitly in the passage concerning vows (Numbers, chapter 30), so too, with regard to nazirite vows, a father may nullify the nazirite vows of his daughter and a husband may nullify the nazirite vows of his wife.

The Gemara questions this explanation: What is different with regard to nazirite vows, with regard to which it is written “nazir lehazir,” using the doubled term, when with regard to all vows as well it is written: “To utter a vow [lindor neder],” also using a doubled term? Why do I need the juxtaposition of all other vows to nazirite vows in order to derive that intimations of vows are like vows, when this can be derived from the doubled term with regard to general vows?

The Gemara answers: If the Torah had written: A vow to utter [neder lindor], as it wrote with regard to a nazirite: “The vow of a nazirite, to consecrate himself [nazir lehazir],” it would be as you said, and there would be no need for the juxtaposition. Now that it is written: “To utter a vow [lindor neder],” it is possible to say that the Torah spoke in the language of men, and nothing can be derived from the phrase lindor neder, which is simply a common manner of speech.

The Gemara asks: This works out well according to the one who holds that the Torah spoke in the language of men, but according to the one who does not hold that the Torah spoke in the language of men, any doubled term comes to teach something. What does he do with this phrase: “To utter a vow [lindor neder]”? The Gemara answers: He expounds it to render intimations of vows like vows themselves. And the verse juxtaposes nazirite vows to other vows to teach that intimations of vows are like vows with regard to nazirite vows, and to teach the other halakhot mentioned above. With regard to the phrase: “The vow of a nazirite, to consecrate himself [nazir lehazir],” he expounds: This teaches

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

Nedarim 3a examines why the Mishna orders vow substitutes before intimations, weighing whether these terms stem from Torah language or rabbinic wording.