Nedarim 30b — the Talmud in English

And not

in

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those going from Akko to Jaffa,

among whom he is not prohibited, because

they are

those who

dwell on dry land

are, since their travel by sea along the short route between Akko and Jaffa does not give them the designation “those who go down to the sea,” and the one who vowed did not intend to vow

except concerning those whose practice is to sail out

[far]

on the sea to distant places, in sailing ships.

And the one who teaches [the matter] according to the latter clause—

teaches it thus,

as a stringency:

One who vows concerning those who dwell on dry land—

is prohibited

concerning all people, and even

concerning those who go down to the sea.

And not

only

those who go

on the sea

from Akko to Jaffa alone

is he prohibited concerning,

but even one whose practice is to sail out

to distant places, he is also prohibited concerning him, because he too is considered included among “those who dwell on dry land,”

since in the end—

he ascends to dry land;

he comes up.

Mishna:

One who vows

not to derive benefit

from “

those who see the sun”—

is prohibited even concerning

people

who are blind.

Since

he did not intend

when he said “those who see the sun” to mean those who see the sun,

but rather those whom the sun “

sees”

[itself].

And this will be explained in the Gemara.

Gemara:

And we raise a question concerning it:

What is the reason

that we do not interpret his intention as referring literally to those who see the sun, and exclude the blind?—

Since he did not say, “

from those who see”

alone, in which case he would prohibit himself from deriving benefit from all people who see, who are not blind. But he did not suffice with that; rather, he said “those who see the sun.” Necessarily, his intention was to prohibit himself from deriving benefit from all people and from all living creatures that are “seen” by the sun, including the blind, and he intended only

to exclude

from those prohibited by his vow only

fish and embryos

in their mothers’ wombs, which the sun does not “see.”

Mishna:

One who vows

benefit

from “

those with black heads,”

he is

prohibited—

concerning bald people,

even though they do not have black hairs, since they do not have hair at all.

And

he is prohibited concerning elderly people

who possess white hair,

even though their hair is white and not black.

And he is permitted—

concerning women and minors,

even though their hair is black.

Because

they are not called “

those with black heads”

by people

except men,

and not women, whom it is customary for a person to call “those with covered heads,” and not minors, whom it is customary for a person to call “those with uncovered heads,” for the reason that will be explained in the Gemara.

Gemara:

And the Gemara explains the beginning of the Mishna’s words:

What is the reason

that one who vows concerning “those with black heads” is prohibited also concerning bald people and those with white hair, even though their hair is not black?—

Since he did not say, “from “

those possessing hair,”

it is evident that his intention was to prohibit also bald people. And when he said “those with black heads,” his intention was not specifically those possessing black hair, but rather all people, who are called “those with black heads,” since most of them possess black hair, as will be explained below.

And since it is evident from his words that he did not intend to exclude bald people, and his saying “those with black heads” is not specific, therefore those with white hair too are included among “those with black heads,” even though they do not have black hair, since his intention is to prohibit all people, who are called “those with black heads” on account of the majority of them.

We learned further in the Mishna:

And he is permitted concerning women and minors—

because

they are not called “

those with black heads”

except men,

and not women, and not minors.

What is the reason?—

Men

are called “those with black heads” because the blackness of their heads is noticeable, because

sometimes their heads are covered, and sometimes their heads are uncovered.

Sometimes their heads are covered and sometimes they are uncovered, and when they are uncovered one sees the blackness of the hair of the head.

And since most men have hair on their heads, and for most of them it is black, therefore all men, both bald people and those with white hair, are called “those with black heads.”

And he does not call men “those with covered heads,” because at times their hair is uncovered, and he does not call them “those with uncovered heads,” because at times their hair is covered; therefore their name is “those with black heads.”

But women—

are always covered

their head-hair.

Their hair is covered, on account of modesty, and is not noticeable; therefore they are not called “those with black heads,” but a person calls them by the name “those with covered heads.”

And

as for

minors—

they are always uncovered

the hair of their heads.

And therefore a person calls them “those with uncovered heads,” and not “those with black heads.”

Mishna:

From a linguistic standpoint— “

Those already born” are people who have already been born. “Those who are born” are people who are destined to be born.

But it is the way of people to call all people by the name “those who are born,” both those who have been born and those who are destined to be born.

Conversely, regarding the expression “those already born,” it is the way of people to use this particular expression for those who have already been born, and this expression does not include among them those destined to be born.

One who vows concerning the “

already born,” since he used an expression that is particular to those who have already been born alone, is prohibited only concerning those people who had already been born at the time of his vow. But

he is permitted

he

concerning those who are born

who were born after his vow, because this was his intention when he said “those already born”: to exclude those who had not yet been born.

But if he prohibited himself

from the “

those who are born,” which is an expression with which people ordinarily call all people—those who have been born and those who are destined to be born—then although linguistically “those who are born” are only those destined to be born, nevertheless this person intended to include all people in his vow, and he is

prohibited

from deriving benefit from all of them, both from those who are born and

from those already born.

But

Rabbi Meir

disagrees with this and says: even one who vows concerning “those who are born” must have the linguistic aspect of his vow taken into consideration, and his intention is only those who are destined to be born, and not every person.

And therefore, just as the Sages permit one who vows concerning “those already born” to derive benefit from those born afterward, so

Rabbi Meir permits

even one who vows concerning

those who are born to derive benefit from the

already born.

And the Sages,

who disagree with Rabbi Meir and hold that one who says “those who are born” intends everyone, both those who have already been born and those destined to be born,

say: This person did not intend

the vow concerning “those who are born” according to the linguistic aspect of his words, which refers only to those who will be born in the future,

but rather those whose nature is to be born,

that is, to prohibit all living creatures that are born, whether they have been born or are destined to be born, and to permit living creatures that are not born from the body of their mother, but hatch from eggs laid by their mother.

Gemara:

The Gemara assumed that

according to Rabbi Meir, who permits one who vows concerning those who are born even concerning those already born, his intention is to say that he is permitted concerning those already born,

and it is not necessary to say

that he is permitted concerning

those who are born.

That is, he is permitted concerning all of them.

And if so, this is difficult:

but concerning whom

is he

prohibited?

Upon whom does his vow apply?

And we answer:

a deficiency must be supplied

in our Mishna,

and thus it teaches

in it:

One who vows concerning those already born—

is permitted concerning those who are born.

One who vows

concerning those who are born—

is prohibited

both concerning those who are born and

concerning those already born.

Rabbi Meir says: Even one who vows concerning those who are born is permitted concerning those already born—

just as

one who vows concerning those already born is permitted concerning those who are born.

Rav Pappa said to Abaye: Does this mean,

is it necessary to say, according to Rabbi Meir,

that “

those who are born”

means specifically

those who are being born,

those destined to be born, and not those who have already been born,

does it mean so!?

But from now on,

when Jacob our forefather said to Joseph concerning his two sons, Manasseh and Ephraim, [Genesis 48] “

Your two sons who are born to you in the land of Egypt”—

is it also so that they were being born,

those destined to be born,

is that so?

For they had already been born!

Abaye said to him:

But what

do you wish to say? That “those who are born”

means those who have already been born

already

does it mean?

But from now on,

that which

is written [I Kings 13] in the prophecy that the prophet said to the first king of Israel, Jeroboam: “

Behold, a son is born to the house of David, Josiah is his name”—

is it also so

that

already

was

Josiah?

But Manasseh was still

Josiah’s grandfather,

had not come

into the world then!

Rather, necessarily, “those who are born”

means this: those who have been born,

and means this

those destined to be born.

And concerning vows—

one follows the language of people,

and not the language of Scripture or the precise language.

And thus Rabbi Meir and the Sages disagree:

According to the Sages, “those already born” is a particular expression, and it is the way of people to use it only toward those who have already been born, and not toward those destined to be born.

Conversely, “those who are born” is an expression that is used both regarding those already born and regarding those who are born, and therefore all are prohibited through it.

And since concerning vows one follows the language of people, one must distinguish between one who prohibits those who are born, concerning whom all are prohibited, and one who prohibits those already born, concerning whom only they are included in the prohibition.

Whereas Rabbi Meir holds that it is the way of people to distinguish their language, and “those who are born” in the language of people means only those destined to be born, just as “those already born,” according to the Sages, means only those who have already been born.

We learned in the Mishna:

And the Sages say: This person intended only those whose nature is to be born.

And the Gemara explains:

To exclude what?—

To exclude fish and birds,

which are not formed in the womb of the world, but are born from eggs.

and not the language of Scripture or precise linguistic usage.

And this is how Rabbi Meir and the Sages disagree:

According to the Sages, “those who have been born” is a specific expression, and people use it only for those who have already been born, and not for those who are destined to be born.

By contrast, “those who will be born” is an expression used both for those who have been born and for those who will be born; therefore, everyone is prohibited by that expression.

Since with regard to vows we follow ordinary human usage, a distinction must be made between one who prohibits “those who will be born,” who prohibits everyone, and one who prohibits “those who have been born,” who includes only them in the prohibition.

Rabbi Meir, however, holds that people distinguish between these expressions: In ordinary human usage, “those who will be born” refers only to those destined to be born, just as according to the Sages “those who have been born” refers only to those who have already been born.

We learned in the Mishna:

And the Sages say: He intended only those whose nature is to be born.

The Gemara explains:

What does this exclude?

It excludes fish and birds,

which do not develop inside a womb, but are born from eggs.