Nedarim 9a (ט.) — the Talmud in English

Mishna:

The Mishna before us presents a new type of abbreviated formulation of vows, in which one who vows, swears, or accepts nezirut upon himself defines his statement, and the vow takes effect according to its meaning.

One who says

“Like the vows of the wicked”—

this is

a vow with regard to nezirut, a korban, or an oath.

Since it is characteristic of the wicked to make vows and swear oaths.

And they are not literally wicked; rather, since it is not fitting for the upright to conduct themselves through vows and oaths, those who make vows and swear oaths are called “wicked.”

That is, if one says, “Like the vows of the wicked, I am,” when a nazirite passes before him, this is an abbreviated formulation for nezirut.

And if he says, “Like the vows of the wicked, upon me,” and there was an animal before him, this is an abbreviated formulation of a vow obligating him to bring a korban.

And likewise, if he says, “Like the vows of the wicked, from it,” and there was a loaf of bread before him, this is an abbreviated formulation of a vow prohibiting it to him.

But if he says

“Like the vows of the upright”—

he has said nothing,

since upright people do not obligate themselves through vows.

But if he says

“Like their offerings”

of the upright—this is

a vow with regard to nezirut and a korban,

since the upright offer korbanot and practice nezirut. But the tanna did not mention an oath made as an offering, since the upright do not swear at all!

Gemara:

We learned in the Mishna that when one says, “Like the vows of the wicked,” his vow or nezirut takes effect.

The Gemara assumed that it is sufficient for him to have said this expression for him to become prohibited through a vow or nezirut. Therefore, the Gemara asks: How do we know from this expression that his intention is to make a vow or accept nezirut?

But perhaps this is what he is saying: “Like the vows of the wicked”—

I have not vowed!

Shmuel said:

The Mishna is speaking

of

one who

says

“Like the vows of the wicked—

I am,”

or who says, “Like the vows of the wicked

upon me,”

and

or who says, “Like the vows of the wicked

from it.”

The meaning of “Like the vows of the wicked, I am” is:

“I am a nazirite.”

And the meaning of “Like the vows of the wicked, upon me” is: “I accept

upon myself a korban.”

And the meaning of “Like the vows of the wicked, from it” is: “I am prohibited

from it by an oath.”

We raised an objection: How do you know that “Like the vows of the wicked,

I am”

is an acceptance of

nezirut?

Perhaps

he said, “I am fasting,”

is what he meant!?

Shmuel said:

This is speaking in a case

where a nazirite was passing before him.

We further raise an objection: Since this person making the vow did not say whether his intention was to swear to eat the loaf or to swear not to eat the loaf, how do you know that the meaning of

“from it”

is that he will not eat from the loaf

by an oath?

Perhaps his intention was the opposite—

Perhaps

one who says, “Like the vows of the wicked,

from it”—

an oath

“that I will eat from it,” is what he meant!

Rava said:

This is speaking in a case

where he said,

“From it—

I will not eat.”

And we challenge this:

If so,

since he explicitly said that he will not eat it, it is obvious that he swore not to eat it; so

what

need was there

to state this?

And we answer:

Lest you say,

I would have said,

“He did not bring an oath forth from his mouth,”

for this person did not utter an oath, but merely said, “Like the vows of the wicked, from it, I will not eat,” and this is not an oath—

the law teaches us

that in this case, this expression constitutes the language of an oath.

We learned in the Mishna:

“Like the vows of the upright”—

he has said nothing.

“Like their offerings”—

a vow

with regard to a nazirite and a korban.

We raised an objection:

Who is the

tanna who

distinguishes for him

and

between a vow and an offering,

holding that the upright make offerings but do not make vows?

Let us say:

Can we say that our Mishna is

not Rabbi Meir

and

not Rabbi Yehuda

!?

For it is taught:

It is written in the Book of Ecclesiastes [chapter 5]: “That which you vow—fulfill”!

2.

“It is better that you should not vow”—

than that you should vow and not fulfill!

And the Sages expounded these two verses as follows:

“Better than both”,

than one who vows and fulfills and one who vows and does not fulfill, is one

who does not vow at all, the words of Rabbi Meir.

It follows that according to Rabbi Meir, the upright do not make vows at all—neither vows nor offerings.

Rabbi Yehuda says: “Better than both”

than one who does not vow and one who vows and does not fulfill is one who

vows and fulfills!

And it follows that according to Rabbi Yehuda, the upright even make vows, whereas our Mishna distinguishes between a vow and an offering!?

And we answer:

Even if you say

that our Mishna is

Rabbi Meir, it can be reconciled:

opinion; it can be reconciled as follows: