Nedarim - Daf 53
- Three-way machlokes about derivatives of dates and winter-grapes
The Mishnah states: הנודר מן התמרים מותר בדבש תמרים – One who vows from dates is permitted in date honey. מסתוניות מותר בחומץ סתוניות – If he vows from winter grapes (grapes which do not ripen and are left on the vine through winter, usually to make vinegar), he is permitted in winter-grape vinegar. [The Ran notes that this is not comparable to “whey of milk” which is forbidden with a neder from milk, because here the derivative is completely different than its original source, as opposed to the case of whey.] Rebbe Yehudah ben Beseira says: כל ששם תולדתו קרויה עליו ונודר הימנו – Any derivative that bears the name of its source, and he vows from the source, אסור ביוצא הימנו – he is forbidden in its derivative. Since date honey and winter-grape vinegar bear the names of their sources, he forbids them. The Chochomim permit the derivatives, and the Gemara asks that their opinion seems to be the same as the Tanna Kamma’s. The Gemara explains that they hold like Rebbe Shimon ben Elazar, who said that where both the source and derivative are normally eaten (such as the case of dates and their honey), one who vows from the source, or from the derivative, is forbidden in both. However, where the derivative is normally eaten but not the source (such as winter grapes and their vinegar), one who vows from the source is only forbidden in its derivative, because his intent was for the edible product.
- Which oils are forbidden with a neder from oil
The next Mishnah states: הנודר מן היין מותר ביין תפוחים – One who vows from wine is permitted in apple wine. מן השמן מותר בשמן שומשמין – If he vows from oil, he is permitted in sesame oil. After several more examples, the Mishnah presents the reason: שהוא שם לוויי – because is it an appellative, meaning a specifying term is used to refer to the above items, and they are therefore not included in the unspecified term. A Baraisa teaches that this can depend on the location of the neder: One who vows from oil in Eretz Yisrael is permitted in sesame oil but prohibited in olive oil, because they only used olive oil. But a neder in Bavel has the opposite halachah, because they only used sesame oil. The Baraisa concludes that in a locale which uses both types, the neder would prohibit both. The Gemara explains the novelty of this ruling is for a locale in which most people use only one of the oils, so one would think we would follow the majority and permit the other type, thus the Baraisa teaches it is prohibited because ספק איסורא לחומרא – a doubt of issur is treated stringently.
- Neder from greens during shemittah
The above Baraisa continues: הנודר מן הירק בשאר שני שבוע – If one vows from greens in other years of the shemittah cycle, אסור בירקות הגינה ומותר בירקות השדה – he is prohibited in garden greens (meaning cultivated) and permitted in field greens (meaning wild). Because people usually use garden greens during those years, they are referred to as greens during that time. ובשביעית אסור בירקות השדה ומותר בירקות הגינה – If he vowed during shemittah, when planting is forbidden, he is forbidden in wild greens and permitted in garden greens, because the wild variety is what is normally eaten during that year. Rebbe Chanina ben Gamliel qualifies this, saying this is only where greens are not brought in from outside Eretz Yisrael, but where they are, both varieties are prohibited since both are used. The Gemara explains that this machlokes reflects a known machlokes between Tannaim if it is permitted to bring greens from outside Eretz Yisrael into Eretz Yisrael, because of a possible concern of importing soil which is tamei.
