REVACH L'DAF
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| SHEVUOS 28 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence Turkel of New York. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves. |
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SUMMARY
1. Rava says that a person who swore not to eat a loaf of bread, and then ate all of it except for an amount the size of an olive, may be released from his vow.
2. Ameimar says that even if he ate the entire loaf, he may be released from his vow.
3. If a person made two vows of Nezirus, counted thirty days of Nezirus and designated a Korban, and then had his Nezirus annulled, the thirty days he observed as a Nazir and his Korban count towards his second Nezirus.
4. If a person is Chayav Malkus and his hands are tied to the pillar, and then he runs away, he is exempt.
5. If a person swore not to eat one loaf of bread if he eats another loaf, and then he eats the first loaf b'Shogeg, he is exempt from a Korban.
6. If he ate the first loaf b'Mezid and the prohibited loaf b'Shogeg, he is Chayav a Korban.
7. If he ate both loaves b'Mezid, and he ate the prohibited loaf last, he is Chayav Malkus. If he ate it first, there is a disagreement if he is Chayav Malkus.
8. He made each loaf a stipulation for the other and said, "I will not eat this loaf if I eat that one, I will not eat that one if I eat this one." If he eats both loaves, the first b'Mezid and the second b'Shogeg, he is exempt.
9. If he eats both loaves, the first b'Shogeg and the second b'Mezid, he is Chayav a Korban for the second loaf.
10. A person says, "This object shall be forbidden to me if I ate today." If he only becomes aware later that he ate, the object is permitted.
11. If a person swears twice that he did not eat, he is Chayav twice.
12. If a person swears not to eat nine loaves and then he swears not to eat ten loaves, he is Chayav only for the first Shevu'ah.
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A BIT MORE
1. According to the first Lashon, he swore that he "will not eat" (the loaf of bread). This Shevu'ah forbids him from eating even the size of one olive. He may be released from the Shevu'ah if there is the size of an olive left, even though he already transgressed the oath when he ate the first olive. According to the second Lashon, he swore that he "will not eat it" (the loaf of bread). This Shevu'ah forbids him only from eating the entire loaf. If there is less than the size of one olive left, he may not be released from his vow because less than the size of an olive is regarded as inconsequential.
2. If he ate it b'Mezid, he is punished with Malkus. If he ate it b'Shogeg, he is Chayav a Korban. Since he had not yet been punished with Malkus or brought his Korban, he may be released from his vow.
3. Even if he already brought his Korbanos and shaved his hair, he may be released from his vow. The second Nezirus stands in place of the first Nezirus.
4. Since he was disgraced by running away, he is no longer Chayav Malkus.
5. Since he was unaware of the Shevu'ah at the time he ate the first loaf, the Shevu'ah does not take effect regardless of which loaf he ate first.
6. Since he ate the first loaf b'Mezid, the Shevu'ah takes effect, and if he then eats the prohibited loaf b'Shogeg, he is Chayav a Korban. However, if the first loaf that he ate was the prohibited loaf, he is not Chayav a Korban even if he ate the other loaf b'Shogeg, because the Chiyuv Korban is for eating the prohibited loaf b'Shogeg. He ate the prohibited loaf b'Mezid (although it was permitted to him at the time he ate it).
7. If he ate the prohibited loaf first, according to the opinion that a Hasra'as Safek is not a Hasra'ah he is not Chayav Malkus. At the time that he ate the loaf it was not known if he was Chayav Malkus since he had not yet eaten the second loaf.
8. At the time he ate each loaf, he was aware that he had prohibited himself from eating that loaf, but he was not aware that by eating that loaf he was prohibiting the other loaf on himself. In such a case, he is exempt for eating both loaves. The Shevu'ah for the second loaf does not take effect at all because at the time that he ate the first loaf he was unaware that the second loaf was prohibited. He is exempt from a Korban for the first loaf as well, because the Chiyuv Korban is only for eating the prohibited loaf b'Shogeg and he ate it b'Mezid (although it was permitted at the time he ate it).
9. At the time he ate each loaf, he was aware that the other loaf is prohibited if he eats this loaf, but he was not aware that the loaf he was eating is prohibited. In such a case, the Shevu'ah on the first loaf that he eats does not take effect at all since he was unaware that it was prohibited. The Shevu'ah for the second loaf is in effect, and when he eats the second loaf b'Shogeg he is Chayav a Korban Oleh v'Yored.
10. Since at the time he made the Neder he was not aware that he ate, it is a Neder Shogeg and it does not take effect.
11. However, if one swears twice that he will eat, the second Shevu'ah does not take effect because it is a Shevu'ah to uphold a Mitzvah.
12. Since the first Shevu'ah also prohibits him from eating ten loaves, the second Shevu'ah is a Shevu'ah to uphold a Mitzvah and thus it does not take effect. However, if he swears not to eat ten loaves, and then he swears not to eat nine loaves, both Shevu'os take effect. When he eats nine loaves he transgresses the second Shevu'ah and when he eats a tenth loaf he transgresses the first Shevu'ah.
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