A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Shevuot 23A - 23B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
June 20, 2007
Duration
49:42

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The Eddie D. Sitt edition presents an audio series of the Talmud Bavli, focusing on Shavuot, Daf Kaf-Gimmel. This lesson is dedicated for the elevation of the souls of Avraham ben Esther and Eddie ben Alegre. May the Divine Presence rest upon them in Gan Eden, Amen. We begin with Daf Kaf-Gimmel, Amud Bet, starting with the Mishnah.

The Mishnah states: "Shevuah shelo ochal"—a person makes an oath that he will not eat, and then he eats and drinks. According to the Mishnah, he is only liable for one prohibition. Rashi asks what the novelty of this statement is, noting that even though drinking is included in the prohibition of eating, one might have thought that he would be liable for two transgressions. However, the Gemara clarifies that since he ate and drank in one lapse of consciousness, he is only liable for one transgression.

Next, the Mishnah continues with the case of "Shevuah shelo ochal ve-shelo eshteh," where a person explicitly states he will not eat and will not drink. If he then eats and drinks, he is liable for two transgressions. Rashi explains that this constitutes two separate oaths. The Gemara then questions why, after having made an oath regarding eating—which includes drinking—he is still liable for a second oath on drinking. The answer is that the second oath is considered valid because it was stated explicitly.

Further, the Mishnah presents a case where a person swears he will not eat three types of bread: wheat, barley, and spelt. If he eats all three, he is liable for each one individually. The Gemara questions whether his intention was to exempt himself from other types of bread. The Gemara concludes that since he specified each type of bread, it shows his intention to be liable for each one.

In another case, if a person swears he will not drink and then drinks various beverages, he is only liable for one transgression. However, if he specifically states he will not drink wine, oil, and honey and then drinks all three, he is liable for each one separately. The Gemara discusses the implications of this distinction and whether his specific oaths were meant to exclude other items or to affirm each item individually.

The Mishnah also addresses a case where a person swears he will not eat non-edible items. If he eats something that is not fit for consumption, he is exempt from liability. However, if he swears that if he eats something today, his wife will be forbidden to him, and he eats non-kosher items, he is still bound by his oath. The Gemara notes the contradiction between the two cases: in the first case, he is exempt for eating non-edible items, while in the second, he is liable for eating forbidden items. This contradiction is resolved by clarifying that the first case refers to a general oath, while the second involves a specific oath regarding non-kosher items.

As the Gemara continues, it discusses whether a general oath can coexist with specific oaths. The consensus is that if a person swears not to eat anything and then eats something forbidden, he is liable for the transgression. The Gemara emphasizes the importance of intention in these oaths, noting that explicit statements carry more weight than general ones.

Ultimately, the discussion leads to a deeper understanding of the nuances involved in making oaths and the implications of one’s intentions when making such declarations. Each case illustrates the complexity of halachic rulings regarding oaths and their consequences, demonstrating the careful consideration required in matters of Jewish law.