The
Gemora cites a braisa: There is greater stringency in oaths than
in vows, and greater stringency in vows than in oaths. There is greater
stringency in vows, for vows apply to objects necessary for the performance of
a mitzvah just as to optional matters,
which is not so regarding oaths (which do not take effect if one would take
an oath against performing a certain mitzvah).
And there is greater stringency in oaths, for oaths are valid with respect to
matters that have substance and matters that are intangible, which is not so
regarding vows (which do not take effect on intangible thing).
It
is noteworthy that the Zohar writes exactly the opposite. An oath, he says, can
only take effect on a davar she’yeish bo mamash, something that has
substance, whereas a vow can take effect even on a matter that lacks substance.
The
Shoel U’meishiv in his haskamah to the sefer Beis Yisroel cites from the
Neizer Yisroel that it is a printer’s mistake and the correct version of the
Zohar is the way the Gemora states.
Reb
Reuven Margoliyos disagrees and cites a Ramban in Shavuos who hints to the
version that we have in the Zohar. The Ramban writes that according to Sod,
vows take effect only on matters with substance, whereas an oath can be
effective even on matters that lack substance.
In
the sefer Mei Hashiloach, he explains the Zohar in a manner that is identical
to our Gemora. We find in the Zohar that a davar she’yeish bo mamash
frequently means something that has the ability to reproduce. The reason that
an oath can take effect even on intangible matters is because an oath is an issur
gavra, one is prohibiting himself from the object. The oath, therefore, is
taking effect upon the person. The meaning of the Zohar is that an oath takes
effect on the person, for he is a davar she’yeish bo mamash, i.e. man
has the ability to reproduce; objects do not! An oath takes effect upon the
person and not on the object. A vow, on the other hand, takes effect even on a davar
she’ein bo mamash, something that does not have the ability to reproduce,
i.e. objects. For by a vow, one is prohibiting the object upon himself (issur
cheftza), and therefore, the vow takes effect upon the object, not upon the
person.