Nedarim, Chapter Eleven, Mishnah Six

 

Introduction

This mishnah teaches that a vow that has been partially annulled is not annulled at all. 

We should note that this is a different rule than that which we saw with regard to the releasing of vows done by a sage.  There we saw that according to Rabbi Akiva a vow that has been partially released is fully released (9:6).  According to the Talmud, Rabbi Akiva disagrees with our mishnah. 

 

Mishnah Six

1)                     If she vows, “Konam these figs and grapes which I taste”, and he [the husband] confirms [the vow] in respect of figs, the whole [vow] is confirmed;

2)                     If he annuls it in respect of figs, it is not annulled, unless he annuls in respect of grapes too.

3)                     If she vows, “Konam the figs that I taste and these grapes that I taste”, they are two distinct vows.

 

Explanation

Section one:  In the cases in this mishnah, the woman vows not to have figs and grapes.  If the husband confirms part of the vow, the whole vow is confirmed.  After he has confirmed it, he can no longer annul it. 

Section two:  However, if he annuls part of the vow, the whole vow is not annulled and she is still forbidden in respect to that which he annulled.  In this case, she would be forbidden to have both figs and grapes.  For the vow to be annulled he must annul the whole vow.

Section three:  In this case the mishnah considers it as if she had taken two vows.  Therefore, if he annuls the vow with respect to figs, that vow is annulled and she may have figs but she may not have grapes. 

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