Nedarim 53a — the Talmud in English

Mishna:

As a continuation of the previous Mishna, our Mishna discusses one who vows concerning certain produce, whether he is permitted what issues from it. However, the previous Mishna dealt with grapes and olives, whose products have a special name: “wine” and “oil,” whereas our Mishna deals with produce whose product is called by its name, such as “date honey” and the like.

One who vows concerning dates

the law is that he is

permitted date honey,

for the one who vowed intended only the fruit and not what issues from it.

One who vows

concerning autumn grapes—

hard grapes that do not ripen, which are left in the vineyard during the winter and made into vinegar—the law is that

he is permitted autumn-grape vinegar.

And even though the autumn grapes themselves are not intended for eating but only for vinegar, we do not say that one who vows concerning autumn grapes intended vinegar. Rather, since he said “autumn grapes” in his vow, he is forbidden only autumn grapes themselves, and not the vinegar that issues from them.

Rabbi Yehuda ben Beteira says: Everything

fruit

whose derivative

that issues from it

is called by its name,

by the name of that fruit—for example, “date honey” and “autumn-grape vinegar,” which are not called merely “honey” or merely “vinegar”—

and one who vows concerning it—

concerning the fruit—the law is that

he is forbidden

even

what issues from it,

since the name of the fruit applies to it.

And the Sages

disagree with the first tanna, who holds that one who vows concerning autumn grapes is permitted autumn-grape vinegar and forbidden the autumn grapes themselves, and

permit

autumn grapes and forbid autumn-grape vinegar.

For the Sages hold that one who vows concerning something that is not eaten, but only what issues from it is eaten, is permitted it and forbidden what issues from it, since the one who vowed intended only what is ordinarily eaten.

But concerning one who vows concerning dates, even the Sages agree that he is permitted date honey and forbidden the dates, since the dates themselves are intended for eating.

Gemara:

We learned in the Mishna: And the Sages permit.

The simple meaning is that the Sages come to permit what Rabbi Yehuda ben Beteira forbade: they come to permit what issues from the vowed object, even if the name of the vowed object applies to it.

If so, it is difficult: the words of

the Sages—are they not

exactly like the words of

the first tanna,

who stated the same law, that one who vows concerning dates and autumn grapes is permitted date honey and autumn-grape vinegar?

And we answer:

There is a difference between them:

there is a distinction between the first tanna and the Sages

in this matter—

in this matter—

as it was taught:

Rabbi Shimon ben Elazar stated this general principle:

a.

Everything that is ordinarily eaten, and what issues from it is also ordinarily eaten, such as dates and date honey,

the law is that if he

vowed concerning it, he is forbidden

also

what issues from it,

and if he

vows concerning

what

issues from it, he is forbidden it.

b.

Everything that is not ordinarily eaten, but what issues from it is ordinarily eaten,

the law is that if he

vowed concerning it, he is forbidden only what issues from it,

for one may say

that this person intended

in his vow

only what issues from it.

And concerning this matter the first tanna, Rabbi Yehuda ben Beteira, and the Sages in our Mishna disagree,

for Rabbi Shimon ben Elazar in the beraita holds that in the case of one who vows concerning dates, since they are ordinarily eaten and what issues from them is also ordinarily eaten, he is therefore forbidden both. But concerning one who vows concerning autumn grapes, he holds that since they are not ordinarily eaten and what issues from them is ordinarily eaten, he is therefore forbidden only what issues from them.

The first tanna in our Mishna, however, comes and disagrees with him both concerning dates and concerning autumn grapes, and holds that both with regard to those that are ordinarily eaten and with regard to those that are not ordinarily eaten, the law is that if he vowed concerning them, he is forbidden them and permitted what issues from them.

Rabbi Yehuda ben Beteira, by contrast, agrees with Rabbi Shimon ben Elazar concerning dates: since they are ordinarily eaten and what issues from them is ordinarily eaten, he is forbidden both. But he disagrees with him concerning autumn grapes and holds that in their case as well the law is that he is forbidden both, even though they are not ordinarily eaten and what issues from them is ordinarily eaten.

And the Sages disagree with the first tanna and Rabbi Yehuda ben Beteira concerning autumn grapes, and permit the autumn grapes and forbid the vinegar that issues from them, since they are not ordinarily eaten, whereas what issues from them is ordinarily eaten, in accordance with the words of Rabbi Shimon ben Elazar:

Mishna:

Our Mishna teaches that one who vows concerning a particular food is permitted a similar food that is called by the same name, if it has an accompanying name.

One who vows concerning wine is permitted apple wine

since it has an accompanying name, and he vowed concerning ordinary wine; and ordinary wine is grape wine, not apple wine.

Likewise, one who vows

concerning oil is permitted sesame oil,

for ordinary oil is olive oil, not sesame oil.

One who vows

concerning honey is permitted date honey,

for ordinary honey, in human speech, is date honey.

One who vows

concerning vinegar is permitted autumn-grape vinegar,

for ordinary vinegar is wine that has fermented.

One who vows

concerning leeks (

karti—a type of vegetable resembling an onion),

is permitted kapelot,

which indeed are a type of leek; but since they have a name of their own, they are not included in his vow.

One who vows

concerning vegetables is permitted field vegetables

that grow on their own, because

it is an accompanying name:

field vegetables are not called merely “vegetables,” but by their accompanying name, “field vegetables”; and one who vows concerning ordinary vegetables intends only garden vegetables.

Gemara:

It was taught: One who vows concerning oil—

in the Land of Israel, is permitted sesame oil and forbidden olive oil.

Since the inhabitants of the Land of Israel use only olive oil, and the intention of the one who vowed there was to forbid only olive oil.

And in Babylonia, he is forbidden sesame oil and permitted olive oil.

For the inhabitants of Babylonia use sesame oil and not olive oil.

A place where they use

that they are accustomed to use

both this and that,

both olive oil and sesame oil,

he is forbidden both this and that.

Thus far are the words of the beraita.

And we object: What is the novelty in the words of the beraita, that in a place where they use both types of oil, one who vows concerning oil is forbidden both of them?

Is it obvious

that this is the law?!

And we answer:

It is necessary,

the beraita is speaking in a case

where the majority use one of them

where most of the inhabitants of the place use only one type of oil.

And the novelty is:

Lest you say

that I would say,

I shall follow the majority

that we should follow the majority of the inhabitants of the place, and since most of the inhabitants of the place use only one type of oil, I would say that he intended to forbid only this type of oil.

It teaches us

that since it is possible that he intended to forbid also the type of oil used by the minority, the law is that he is forbidden both, for

in a case of uncertain prohibition, one rules stringently.

The continuation of the words of the beraita:

One who vows concerning vegetables,

if he vowed not during the Sabbatical year but only

during the other years of the seven-year cycle,

the law is that

he is forbidden garden vegetables and permitted field vegetables,

for “vegetables” without qualification means garden vegetables.

But

in the Sabbatical year—

if he vowed concerning vegetables during the Sabbatical year, it is impossible to say that he intended garden vegetables, since one does not sow during the Sabbatical year. Rather, he certainly intended field vegetables, which grow on their own; therefore, the law is that

he is forbidden field vegetables and permitted garden vegetables.

Thus far are the words of the beraita.