One on the other – The Ran cites other commentators who say that when the Mishna says that one neder can take effect within another, it means that one may be liable for two violations for a single act of eating. If one says, “This bread is forbidden to me, this bread is forbidden to me,” and then he eats the bread, he will be guilty of two violations. This would be in contrast to an oath where he would only be liable for one transgression because the second one is not valid.

 

The Ran himself brings proof that this is incorrect and even by a neder, he will only be liable for one. The Mishna is only referring to the case of a nazir.

 

However, the Ran concludes that nedarim are stronger than oaths in the following manner: A neder may take effect upon an oath, but an oath cannot take effect upon a neder. For example, if one took an oath that he will eat a certain loaf of bread and then he said, “This loaf is forbidden to me,” the neder takes effect. Just as a neder can take effect upon a mitzvah, it can take effect upon an oath. This is because an oath and a mitzvah are both prohibitions on the person and a neder is on the object; it can therefore take effect.

 

And just as a neder can take effect on an oath to nullify it, so too, it can take effect upon an oath to uphold it. Therefore, if one took an oath that he will not eat a certain loaf of bread and then he said, “This loaf is forbidden to me,” the neder takes effect. If he would eat the bread, he would be liable for transgressing an oath and a neder.

 

However, an oath cannot take effect upon a neder. This is because of the following reason. Once someone makes a neder and the object becomes forbidden to him, there is now a prohibition on of the person not to desecrate his word and derive benefit from the object. Therefore, it is like any other prohibition in the Torah, and the oath cannot take effect upon it.

 

[We use the sefer “The Commentary of Rabbenu Nissim on Nedarim” from Rabbi Nathan Bushwick extensively to assist us in preparing the “Elucidation of the Ra”n.” The sefer, written in English is available for sale by writing to: Rabbi Nathan Bushwick 901 Madison Ave. Scranton, Pa 18510-1019. The cost is $25.00.]