Nedarim 63a (סג.) — the Talmud in English

The Gemara raises an objection

from the following beraita taught in the Tosefta to tractate Ta'anit:

What is the time of the rainfall?

The

first rainfall—

on the third

of Marheshvan.

The

intermediate rainfall—

on the seventh of that month.

The late [

the last rainfall ] —

on the twenty-third

of that month,

the words of Rabbi Meir.

Rabbi Yehuda says:

the first rainfall

is on the seventh

of Marheshvan,

and

the intermediate rainfall

is on the seventeenth

of that month,

and the late rainfall is on the twenty-third

of that month.

Rabbi Yosei says:

the first rainfall

is on the seventeenth

of Marheshvan,

and

the intermediate rainfall

is on the twenty-third

of that month,

and

the late rainfall

is on

the first day of

the month of Kislev.

And Rabbi Yosei would likewise say:

Individuals do not fast

on Monday, Thursday, and Monday when rain does not fall

until the first day of the month of Kislev,

which is the latest time for the rainfall.

And we say concerning it

that beraita:

Granted,

the time of

the first rainfall

has a practical consequence

for asking

“Give dew and rain” in the blessing of the years.

And the time of the

third rainfall

has a practical consequence

for fasting,

for individuals: If rain has not fallen even once by the time of the third rainfall, individuals fast on Monday, Thursday, and Monday.

But the time of the

rainfall

second—

what

practical consequence does it have?

And Rabbi Zeira said:

It has a practical consequence

for one who vows

until the rains: he is prohibited until the second rainfall, as we learned in our Mishna.

And we say

further

concerning it: In accordance with whose view is the following beraita

that follows?:

Rabban Shimon ben Gamliel says:

If rain fell for seven consecutive days, you count them—

with regard to one who vows—

as the first and second rainfall; in accordance with whose view?

It is in accordance with Rabbi Yosei,

for according to Rabbi Meir there are fewer than seven days between the first and second rainfall, whereas according to Rabbi Yehuda there are more than seven days between them.

And it initially occurred to us that this beraita is dealing with one who vowed, saying “until the rain,” since that is the usual wording of those who vow. But this presents a difficulty for Rabbi Zeira: If you say that when one says “until the rain,” even the Sages agree that the law depends not on the actual falling of rain but on the time when the rain falls, then why do we say that the second rainfall is included in the first rainfall? Surely the time of the second rainfall has already arrived.

And we answer:

That

beraita is dealing with one who

said “

until the rains,”

and according to the Sages, the period of his prohibition ends only when rain actually falls.

And Rabban Shimon ben Gamliel said to them: In this situation—when rain fell for seven consecutive days—even according to your view, he is prohibited only until the time of the second rainfall, because the second rainfall is linked to the first rainfall.

Mishna:

One who said: “

Konam: wine that I taste this year” —

and

the year became intercalated,

he is

prohibited during it and during its intercalation—

that is, for the additional month of the year.

This is not stated only when he was standing in the middle of the year, for then it is obvious that he is prohibited until the end of the year; rather, it is stated even when he was standing at the beginning of the year. One might have said that he intended to prohibit himself for no more than twelve months, as in most years, and that by saying “this year” he meant “the measure of a year,” which is twelve months. Therefore, the Mishna teaches us that since he said “this year,” he intended to prohibit himself during this particular year until its end.

And if he said: “Konam: wine that I taste

until the first day of Adar,”

he is prohibited

until the first day of the first Adar.

And if he said:

“Until the end of Adar,”

he is prohibited

until the end of the first Adar,

and the Gemara will explain the reason that “Adar” is interpreted as the first Adar.

Gemara:

We learned in the Mishna: “Until the first day of Adar”—until the first day of the first Adar; “until the end of Adar”—until the end of the first Adar:

Apparently,

it is evident from the view of the tanna of our Mishna that

an unqualified “

Adar”

that he says—

Adar

is the first one.

An unqualified “Adar” means the first Adar, and since he said “Adar” without specifying which Adar, his words are interpreted as referring to the first Adar.

Shall we say—

shall we say that

our Mishna is Rabbi Yehuda’s

view, who maintains that an unqualified Adar is the first Adar?

For it was taught:

If a person wishes to write on a document the date of

the first Adar,

he

writes

explicitly: “

Adar

the first.”

But if he wishes to write on a document the date of

the second Adar,

he

writes “

Adar”

without qualification; these are the words of Rabbi Meir.

Rabbi Yehuda says:

For the first Adar, he writes “

without qualification,”

and

for the second Adar, he writes “

Adar

the second” [

the latter ].

And our Mishna, which indicates that an unqualified Adar is the first Adar, follows Rabbi Yehuda of the beraita.

Abaye said:

You may even say that

our Mishna

is Rabbi Meir’s

view, who maintains that an unqualified “Adar” is the second Adar.

This—

the beraita—

is speaking of one who knew that the year would be intercalated [

he knew that it was a leap year ], and therefore, if he wished to designate the first Adar, he had to write “the first Adar.”

This—

our Mishna—

is speaking of one who did not know

when he made his vow that the year would be intercalated; therefore, when he said “Adar” without qualification, he meant the first Adar.