Second One Takes Effect - Daf 18
- By Avrohom Adler
- Published 01/8/2008
- Nedarim
The
Gemora states: Although the Mishna had stated that if someone
makes two consecutive oaths that he will not eat something and he eats it, he
has transgressed one prohibition (for the second one does not take effect),
if the person asked for the first oath to be permitted (and it was), the
second oath is now valid.
There
is a discussion if the second oath (before the first one was annulled)
is regarded as an oath taken in vain (similar to an oath to nullify a mitzvah).
The
Ritva writes: If he has the first one annulled, the second one is not regarded
as an oath taken in vain, for now, it takes effect. He, therefore, would not
incur lashes for the second oath.
The
Nimukei Yosef maintains that even while the first oath is intact, the second oath
is not regarded as an oath taken in vain. This is because it has potential for
being a valid oath, i.e. if the first one is annulled. Others say that it is
not considered in vain for the second oath is essentially an oath in order to
uphold a mitzvah (fulfilling the
first one), and we learned above that this is an admirable thing to do.
Rashi
in Shavuos explains the reason why the second oath takes effect after the first
one is annulled. He says it is because a sage has the power to retroactively
revoke the oath in a manner as if the oath was never uttered. Accordingly, the
second one is valid, for there is no first one any longer.
The
Shach writes that according to this, the second one will only take effect if a
sage annulled the oath. However, if the husband annulled the oath of his wife,
her second oath would not take effect. This is because a husband does not
retroactively revoke her oath; it is only considered void from this moment and
on. The first oath is not regarded as if it never existed and therefore, the
second one does not take effect.
Reb
Akiva Eiger disagrees. He states: The reason why the second oath does not take
effect initially is because one prohibition cannot take effect upon another. The
second prohibition exists, but it is in a pending state. As soon as the first
prohibition is removed, the second one “wakes up” and takes effect. This would
be true when the husband annuls the oath of his wife as well.
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