Ran Elucidated - Daf 16
- By Avrohom Adler
- Published 01/6/2008
- Nedarim
Distinction
between a vow and an oath - The Gemora
cites the Scriptural source for this: How do we know that one cannot swear to
transgress a mitzvah? It is because it is written [Bamidbar 30:3]: If
a man makes a vow to Hashem or makes an oath to prohibit himself, he shall not
desecrate his word; according to whatever came out of his mouth, he shall do.
We see from here that only “his word” (a discretionary matter) he should
not desecrate. However, he may desecrate it when it involves the wishes of
Heaven (where his oath contradicts a mitzvah).
The
Gemora asks: Why is a vow any different? If it is because it says makes
a vow to Hashem, which implies that he should not desecrate his word even
when his vow involves the wishes of Heaven, why, by an oath, it is also written
makes an oath to Hashem (since the words “to Hashem” is written
between a vow and an oath)?
Abaye
answers: In the case of a vow, one says, “The pleasure of the sukkah
should be forbidden upon me.” (Since the vow is upon the object, not the
person, it is effective.) However, in the case of an oath, one says,
“I swear that I will not derive any pleasure from the sukkah.” (Since
the oath is upon the person and the mitzvah is
upon the person, they are contradicting each other and the oath cannot take effect.)
The
Ran explains: It is reasonable that the word “to Hashem” should be referring to
a vow, but not an oath. It is logical to assume that a neder in this
manner will take effect. This is because he is not vowing directly against the
Torah’s commandment. The neder takes effect and he is prohibited from
deriving benefit from the sukkah because we cannot force a person to eat
something that is forbidden to him. However, by an oath, he is saying that he
will not sit in the sukkah. This is a direct contradiction to the
Torah’s commandment and he doesn’t have the power to free himself from the
Torah’s commandment to sit in a sukkah.
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